OSHA Emphasis on Ergonomic Injuries Increases

Mathew Moldawer
Mathew Moldawer
05/31/2024
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...
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Vince Jackson’s Talents Recognized

Kollman & Saucier
Kollman & Saucier
05/31/2024
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...
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New Maryland Pay Transparency Law To Go Into Effect On October 1, 2024

Vincent Jackson
Vincent Jackson
05/28/2024
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...
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WORKERS COMPENSATION DEATH BENEFITS PROTECT EMPLOYERS FROM LAWSUITS BY ANYBODY

Peter Saucier
Peter Saucier
05/17/2024
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. ...
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How Dartmouth College Men’s Basketball Team Formed a Union

Kollman & Saucier
Kollman & Saucier
05/16/2024
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...
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EEOC Issues Updated Guidance on Workplace Harassment

Kollman & Saucier
Kollman & Saucier
05/14/2024
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,...
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Déjà Vu (All Over Again)

Darrell VanDeusen
Darrell VanDeusen
05/09/2024
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...
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I’ll Take You Back

Darrell VanDeusen
Darrell VanDeusen
05/07/2024
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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EEOC Files Amicus Brief in AI discrimination case

Mathew Moldawer
Mathew Moldawer
05/02/2024
In an earlier post I reported that a federal court dismissed a lawsuit in January alleging that an algorithm-based screening tool illegally discriminates against people who are protected by law. In that case, Mobley v. Workday, the Court granted Mobley leave to amend his complaint.  New ammunition has further fueled this case– the Equal Employment Opportunity Commission (EEOC) filed an amicus brief supporting Mobley. The EEOC’s brief argues...
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Plaintiffs in Discrimination Cases Need Only Show “Some Harm” Rather Than “Significant Harm” to Seek Relief Says Supreme Court

Mathew Moldawer
Mathew Moldawer
05/02/2024
One of the biggest challenges employers face is whether a job transfer without a change in salary or position title can be the basis of a claim for discrimination.  Courts provided inconsistent rulings, often finding that if salary and position title remain the same, an employee who claims that a transfer is discriminatory must prove that the transfer resulted in “significant harm” to be actionable. Recently, the Supreme Court weighed in,...
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