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

That’s Right (You’re Not From Texas)

Darrell VanDeusen

07/01/2024

Happy July 1, 2024. Today the DOL’s salary basis for exempt status goes up (see my May 9, 2024 for additional background on that). But not for Texas state employees. This development reminded me of the Lyle Lovett song That’s Right (track 4 off the 1996 album The Road to Ensenada), his tribute to the state. It’s a catchy tune, with the memorable and oft repeated refrain: “That’s right you're not from Texas . . . But Texas...

Kollman & Saucier

06/27/2024

Wage & Hour

A federal judge in Texas granted the Associated General Contractors of America bid to temporarily stop the Department of Labor’s expansion of the prevailing wage rule. The prevailing wage rule requires that contractors on certain public works projects pay their workers the local wage rate plus fringe benefits for the type of work being completed. Often, that means paying the rate established in union contracts. The DOL’s actions are part of...

Kollman & Saucier

06/27/2024

ADA, Employment Discrimination

A federal court in Arizona permitted to move forward a complaint alleging that gender dysphoria is covered under the American with Disabilities Act (ADA). The plaintiffs in the case alleged they suffer from gender dysphoria, essentially identification with a sex other than to which they were assigned at birth. They claim that Arizona’s law unfairly excluded them from participating in girls’ sports. The Arizona law requires participants to engage...

Vincent Jackson

06/21/2024

Federal Trade Commission, Non-Competes

Last April, the Federal Trade Commission proposed a rule that would enact a near-complete ban on non-competition covenants. This rule was immediately challenged in court by multiple business interests. One of the cases, Ryan, LLC v. Federal Trade Commission, has proceeded to briefing over whether a preliminary injunction should block the FTC’s actions. In opposing a request for preliminary injunction, the FTC has staked out an interesting...

Kollman & Saucier

06/13/2024

ADA, Reasonable Accommodations/Undue Burden

Earlier this week, the Eighth Circuit ruled a woman with Type I diabetes was not entitled to bring her service dog to work as an accommodation under the Americans with Disabilities Act (ADA). Samantha Howard, as a Type I diabetic, is unable to detect when her blood sugar is dangerously low. Howard began working as a pharmacist in a medical center ran by the City of Sedalia Missouri in 2019. Upon hire, Howard disclosed her Type I diabetes, and her...

Kollman & Saucier

06/12/2024

Age Discrimination

Recently, employers have welcomed a new generation of employees into the workforce: Generation Z. Every generation brings unique workplace habits, communication styles, and preferences that are largely shaped by their experiences as young adults. The introduction of Gen-Z brings a fourth generation to the current workforce.[1] Generational gaps can lead to age discrimination in the workplace. “Ageism” refers to discrimination based on...

Darrell VanDeusen

06/04/2024

EEOC, Uncategorized

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...

Kollman & Saucier

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...

Kollman & Saucier

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...

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Email Updates

That’s Right (You’re Not From Texas)

Federal Court Halts Department of Labor’s Prevailing Wage Expansion.

Gender Dysphoria Is Covered Under Americans with Disabilities Act, Says Arizona Court.

Major Questions Doctrine Issues Come Into Focus In Lawsuit Challenging FTC's Ban On Non-Competition Covenants

Dog-Gone It . . . Says the Eighth Circuit

Ushering in Gen-Z and Preventing Age Discrimination in the Process

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

Email Updates