The Employment Brief | Employment Law | Kollman & Saucier, P.A.

The EEOC’s Increase in Commissioner Charges

Darrell VanDeusen

06/04/2024

Early in my law practice, one of the first matters I worked on was an EEOC Commissioner’s charge. It had been filed against a public school system that announced its goal for new teacher hires in the coming school year was an average of two years’ experience. An EEOC Commissioner initiated the charge and an investigation ensued as to whether that stated goal was in fact a proxy for either intentional age discrimination or created an adverse...

Mathew Moldawer

05/31/2024

Employee Benefits, ERISA

Qualcomm designed a 401(k) plan for employees that allowed Qualcomm to use forfeitures to reduce employer contributions or apply to plan administrative expenses. Qualcomm chose the former. After Qualcomm elected to apply forfeited contributions to reduce employer contributions, a group of plan participants challenged that action in federal court, alleging that Qualcomm had a fiduciary duty to use the forfeited contributions to lower the...

Mathew Moldawer

05/31/2024

OSHA

The Occupational Safety and Health Administration (OSHA) has released a memorandum to the public aligned to their emphasis program to protect warehouse workers. The guidance addresses a common concern for employers: whether an injury should be reported. Some injuries, such as death or loss of consciousness are clear. Others, such as whether treatment falls within the definition of “first aid,” is unclear. First aid is defined in the...

Kollman & Saucier

05/31/2024

Firm News

The Daily Record today released a list of the 25 most powerful employment lawyers in Maryland. Kollman and Saucier is proud that our own Vincent Jackson, whom we already know to be among those few who deserve to be on the list, was recognized by his...

Vincent Jackson

05/28/2024

Maryland Law

On April 25, 2024, Governor Wes Moore signed a bill requiring Maryland employers to include wage ranges and benefit information in external and internal job postings. The new law, which takes effect October 1, 2024, will apply to all employers, regardless of size, as well as third-party recruiters. Employers will now be required to disclose in any job posting the wage range, defined as the minimum and maximum hourly rate, or the minimum and maximum...

Peter Saucier

05/17/2024

Workers' Compensation

Workers compensation falls on the debit side when an employer prepares a budget and plans staffing of the workforce. With good cause, employers lament the costs of workers compensation insurance and the negative effect of having workers being paid for someone not working. Still, there are some upsides for employers under the workers compensation scheme. A good, recent example was detailed this past year by the Appellate Court of Maryland. ...

Kollman & Saucier

05/16/2024

NLRB

Dartmouth College is probably not the first educational institution that comes to mind when you think about DI NCAA sports. Nevertheless, the small, private, Ivy League university located in Hanover, New Hampshire is at the forefront of one of the most important issues facing college athletics today. On March 5, 2024, the fifteen members of the Dartmouth men’s basketball team voted to form a union. They had formed the first union for college...

Kollman & Saucier

05/14/2024

Harassment

The Equal Employment Opportunity Commission (EEOC) has issued updated guidelines pertaining to workplace harassment claims. This is the first update of the harassment guidelines since 1999. To successfully establish a prima facie case of workplace harassment, an individual must first show that the harassment was based on a protected characteristic. The protected characteristics with which the EEOC covers include race, color, religion, sex,...

Darrell VanDeusen

05/09/2024

FLSA Exemptions, Wage & Hour

Today’s musical interlude is John Fogerty’s Déjà vu (All Over Again), the first track off his 2004 album of the same name. That was 20 years ago, but the lyrics resonate today. This song came to mind as I anticipate the reaction from the business community to the Department of Labor’s April 23, 2024 announcement of the expansion of overtime eligibility for certain employees. The final rule was published in the Federal Register on April...

Darrell VanDeusen

05/07/2024

Arbitration

For those of you who like country music, many of my recent blogs have skewed in that direction. If you are not a fan of the genre, sorry. It’s just that the lyrics often fit so well when it’s time to write about employment law. This time we’ll look to the Brad Paisley song “I’ll Take You Back” (track four on his 2004 album Time Well Wasted). The lyrics are worth a read even if you don’t want to listen to the song, as there...

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Email Updates

The EEOC’s Increase in Commissioner Charges

Employers Should Apply 401(k) Forfeitures to Benefit Employees

OSHA Emphasis on Ergonomic Injuries Increases

Vince Jackson’s Talents Recognized

New Maryland Pay Transparency Law To Go Into Effect On October 1, 2024

WORKERS COMPENSATION DEATH BENEFITS PROTECT EMPLOYERS FROM LAWSUITS BY ANYBODY

How Dartmouth College Men’s Basketball Team Formed a Union

EEOC Issues Updated Guidance on Workplace Harassment

Déjà Vu (All Over Again)

I’ll Take You Back

Email Updates