Quiet Quitting: Is This Your Best Work?

Darrell VanDeusen
Darrell VanDeusen
08/24/2022
One of my son’s favorite movies when he was in high school was Office Space (1999).  I also enjoyed it alot. You may recall the following dialogue between Peter (Ron Livingston) and Joanna (Jennifer Aniston): Peter:               I, uh, I don't like my job. I don't think I'm gonna go anymore. Joanna:            You’re just not gonna go? Peter:               Yeah. Joanna:            Won’t you...
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Pregnancy Discrimination, Aisle 12? Maybe Not.

Darrell VanDeusen
Darrell VanDeusen
08/22/2022
Pregnancy has been in the news a lot this year, mostly due to the Supreme Court’s June 24, 2022 decision in Dobbs v. Jackson Women’s Health Organization, 597 U.S. ___ (2022), which overturned Roe v. Wade, 410 U.S. 113 (1973).  The Dobbs decision impacts employers, but I will save that discussion for another day. Today we will revisit the Pregnancy Discrimination Act (PDA) of 1978, and a recent decision from the Seventh Circuit that held Walmart...
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Darrell VanDeusen Named "Lawyer of the Year"

Kollman & Saucier
Kollman & Saucier
08/18/2022
Darrell VanDeusen has been named by Best Lawyers as the 2023 “Lawyer of the Year” in two categories:  Labor Law – Management, and Litigation - Labor and Employment.  Only a single lawyer in each practice area and community is honored with a "Lawyer of the Year" award.  Darrell previously received this recognition in 2013, 2016, 2017 and 2019.  K&S’s Pete Saucier and Eric Paltell are also named in Best Lawyers, with...
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Monkeypox: "Hey COVID. Hold My Beer."

Randi Klein Hyatt
Randi Klein Hyatt
08/18/2022
The recent outbreak of monkeypox creates an issue for employers whose employees, especially healthcare workers, are more susceptible to contracting the virus. First, what is monkeypox?  Per the CDC, monkeypox is a rare disease caused by infection with the monkeypox virus.  The monkeypox virus is part of the same family of viruses as variola virus, the virus that causes smallpox. Monkeypox symptoms are similar to smallpox symptoms, but milder, and...
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District of Columbia Enacts Employment Protections for Marijuana Users

Randi Klein Hyatt
Randi Klein Hyatt
08/17/2022
The D.C. Mayor signed the Cannabis Employment Protections Amendment Act of 2022, which prohibits adverse employment actions against marijuana/cannabis users for most off-duty use, with certain exceptions.  Once the Congressional review period occurs, the law will become effective once its fiscal impact is included in an approved budget and financial plan, or 365 days after the Mayor approves the Act, whichever is later (so, at least a year from...
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D.C. Scales Back Non-Compete Ban

Garrett Wozniak
Garrett Wozniak
08/03/2022
In 2021, the District of Columbia City Council enacted the Ban on Non-Compete Amendments Act of 2020.  The law was slated to prohibit the use and enforcement of non-compete agreements for nearly all employees working in D.C., with limited exceptions.  The law would also prohibit anti-moonlighting and other workplace policies that bar an employee from performing work for another employer, even if a direct competitor, or operating their own...
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Disabled Student’s Inappropriate Touching Did Not Create a Hostile Work Environment

Garrett Wozniak
Garrett Wozniak
08/02/2022
In a recent decision, the Fourth Circuit Court of Appeals considered the difficult circumstances in which special education teacher often operate and how that environment can intersect with protections against workplace discrimination and harassment.  The case, according to the court, brought “to light the difficult balance that schools must find between ensuring that all students have access to a public school education while simultaneously...
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Court of Appeals Holds that Maryland Law Does Not Implicitly Adopt Federal Portal-to-Portal Act

Vincent Jackson
Vincent Jackson
07/29/2022
Earlier this month, the Court of Appeals held that the federal Portal-to-Portal Act--which provides that time spent by workers traveling to and from work is not compensable--has not been implicitly adopted into Maryland law.  Put another way, Maryland law does not define “compensable work” to exclude travel time. At issue in the case--which was actually two separate cases consolidated for purposes of the appeal--was whether construction workers...
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Court Dismisses Hostile Work Environment Claim

The United States District Court for the Eastern District of Virginia recently dismissed a claim of hostile work environment  under the Rehabilitation Act.  Katz v. Department of Justice, No. 1:20-cv-554 (June 20, 2022). In dismissing the case, Judge Ellis found that the plaintiff's own pleadings doomed his claim.  The plaintiff was employed as a Special Agent for the DEA from May 1996 until April 2020. In 2017, Katz was diagnosed with a brain...
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Fourth Circuit Allows Claim of Color Discrimination to Advance

Eric Paltell
Eric Paltell
07/22/2022
While claims of employment discrimination are somewhat commonplace, it is far less common to see cases of discrimination based on color. In Felder v MGM National Harbor, No. 20-2373, the United States Court of Appeals for the Court Circuit reversed a trial court and allowed a claim of color discrimination to proceed beyond the Motion to Dismiss stage.  The case arose when the plaintiff, Britney Felder, filed suit alleging that she was...
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