More (Possible) Labor Pains

Darrell VanDeusen
Darrell VanDeusen
04/13/2022
Earlier this week I wrote about some developments in labor law.  I thought my second blog would be about something completely different.  But wait, there’s more. On Wednesday, April 12, the NLRB’s General Counsel, Jennifer Abruzzo, through her deputy GC, filed a brief to the Board that claims a former NLRB associate general counsel – in 1969 – “misrepresented controlling board law” in an argument before the U.S. Supreme Court,...
read more

More That’s New in Labor Law

Darrell VanDeusen
Darrell VanDeusen
04/11/2022
It has been a big last few weeks in labor law circles.  First, Amazon got unionized in New York by a little-known independent union that didn’t even exist 18 months ago.  President Biden expressed support for the unionizing of Amazon workers saying “Amazon, here we come” in a recent speech.   The President, of course, has been and continues to be a strong supporter of unions. But, as reported in the New York Times, “organized labor has...
read more

NLRB General Counsel Targets "Captive Audience" Meetings

Kollman & Saucier
Kollman & Saucier
04/08/2022
In an April 7, 2022 Memorandum to Regional Directors, NLRB General Counsel Jennifer Abruzzo announced that she will be asking the NLRB to outlaw so-called "captive audience" meetings.  Captive audience meetings refer to meetings between employers and employees during an employee's paid work time where the employee is required to listen to the employer (or its representative) explain the company's position on unions.  Such meetings have long been...
read more

Maryland General Assembly Passes Paid FMLA Law

Kollman & Saucier
Kollman & Saucier
04/04/2022
On March 31, the Maryland Senate approved the  “Time to Care Act,” which will provide paid family leave to employees of businesses with 15 or more employees. The bill now goes to Governor Hogan, where it may be vetoed. However, the General Assembly passed the law with enough time to override a veto, should the Governor choose to do so. The Time to Care Act offers employees 12 weeks of partially paid family leave each year to care for themselves...
read more

EEOC Releases 2021 Performance Statistics

Vincent Jackson
Vincent Jackson
03/31/2022
The EEOC has released its performance statistics for Fiscal Year 2021.  Surprisingly, the Commission  collected “merely” $485 million in 2021, down $50 million from FY 2020’s record-setting $535.4 million haul. The bulk of 2021’s collections came from administrative settlements with private-sector and state and local governments, with a total of $350.7 million.  An additional $34 million was collected from court settlements and...
read more

Maryland Senate Bill Changing Definition of Sexual Harassment “Crosses Over” to House of Delegates

Kollman & Saucier
Kollman & Saucier
03/24/2022
Monday, March 21, 2022, was “crossover day” in the Maryland General Assembly.  As a quick Maryland civics lesson, the Maryland General Assembly is comprised of two chambers, the Maryland State Senate and the Maryland House of Delegates.  Bills are proposed and debated in both chambers.  On crossover day, those bills that have passed by vote in one chamber are crossed over to the other chamber for further debate and vote.  Any bills that did...
read more

Texas Federal Court Reinstates Trump Independent Contractor Rule

Kollman & Saucier
Kollman & Saucier
03/19/2022
On September 21, 2020, the Trump administration Department of Labor (DOL) announced a notice of proposed rulemaking related to worker classification. The proposed rule set forth a new test for determining a worker’s status as an independent contractor or an employee. The changes overall would have made it easier for businesses to classify workers as independent contractors under the Fair Labor Standards Act (FLSA).  My colleague blogged about...
read more

D.D.C. Rules Employee’s Blocked Access to Classified Data During Conduct Investigation Not A Materially Adverse Action

Kollman & Saucier
Kollman & Saucier
03/15/2022
The U.S. District Court for the District of Columbia recently addressed to what extent an employer may take steps to protect confidential business data during an investigation of employee misconduct.  Jimenez v. Mayorkas, No. 17-cv-2731 (D.D.C. 3/1/22). Rolando Jimenez is a government employee who, in 2012, was granted access to HSDN, a classified information system.  A few years later, he was placed on special assignment with an external...
read more

Vague Allegations Doom Physician’s Discrimination Claim

Kollman & Saucier
Kollman & Saucier
03/11/2022
A recent decision from the Fourth Circuit Court of Appeals, Nadendla v. Wakemed, No. 21-1300 (4th Cir. Jan. 21, 2022) provides a reminder of a plaintiff’s burden when asserting claims of race discrimination under a federal statute commonly referred to as Section 1981. Haritha Nadendla is a physician of Indian origin who had clinical privileges and was on the staff of Wakemed Cary Hospital in North Carolina until May 2017.  After being notified...
read more

Maryland Poised To Increase Damages Caps For Discrimination Claims

The Maryland Fair Employment Practices Act (FEPA) is the state analog to federal anti-discrimination laws.   The law prohibits discrimination based on race, color, religion, sex, age, national origin, marital status, sexual orientation, gender identity, genetic information, and disability.  If an employer is found to have engaged in an unlawful employment practice under FEPA the remedies can include compensatory damages, back pay, injunctive...
read more
Email Updates

Enter your email address to subscribe to this blog and receive notifications of new posts by email.

Loading