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

August 2 Webinar (1pm EST): Advising Employers on the Current LGBTQ+ Legal Landscape

Kollman & Saucier

07/21/2023

The 2020 Bostock U.S. Supreme Court decision expanded the scope of Title VII to include sexual expression and gender identity. Since then, the judicial and legislative activity surrounding LGBTQ+ protection has been on the rise, including the recent Supreme Court case, 303 Creative LLC v. Elenis. In this webinar, Darrell VanDeusen and Vince Jackson, co-authors of ‘LGBTQ+ Protections and Best Practices under Title VII and the ADA’, will...

Clifford Geiger

07/21/2023

ERISA

The Heritage Group Investment Company (“THG”) employed Norman Burkett for 46 years. During his employment Burkett enrolled in THG’s group life insurance policy (the “Life Plan”). Burkett’s death benefit was $300,000. Unum Life Insurance Company of America (“Unum”) was the plan administrator. In July 2019 Burkett was diagnosed with a brain tumor. He qualified for long term disability in November 2019. Unum sent Burkett a...

Darrell VanDeusen

07/12/2023

Disability & Leave, Reasonable Accommodations/Undue Burden

The Americans with Disabilities Act (ADA) was signed into law by George W.H. Bush 33 years ago this month – the same year our first child was born. Like most youngsters, the early years of the ADA’s existence found it growing in fits and starts. It was sent to the principal’s office (the Supreme Court in this case), more than any other kid in the class. Most of those times it was seen by SCOTUS as being “too big for its britches” and...

Darrell VanDeusen

07/10/2023

Employment Discrimination, Public Sector Employment Law

“If I had a world of my own, everything would be nonsense. Nothing would be what it is, because everything would be what it isn’t. And contrary wise, what is, it wouldn’t be.” The Mad Hatter, Alice’s Adventures in Wonderland (Lewis Carroll, 1865) When I explain the disparate treatment theory in employment discrimination cases, I make the point that the analysis must look at the way people of different protected...

Vincent Jackson

07/07/2023

Pregnancy Discrimination, Pregnant Workers Fairness Act

The Pregnant Workers Fairness Act (PWFA) went into effect on June 27, 2023, and the EEOC will now be investigating and enforcing all charges for conduct alleged to have occurred on or after that date. The PWFA requires covered employers (generally, private and public sector employers with at least 15 employees) to provide reasonable accommodations for pregnant workers (existing laws already prohibit firing or discrimination on the basis of...

Kollman & Saucier

07/06/2023

Firm News, Webinars

We invite you to join Kollman & Saucier attorneys Garrett Wozniak and Mathew Moldawer on July 19 from 12 p.m. to 1 p.m. for a discussion about recent changes in Maryland employment law. We’ll cover the Fair Wage Act of 2023, updates to Maryland’s ban on certain non-compete agreements, the Family and Medical Leave Insurance Program (FAMLI), implications with the legalization of recreational cannabis, and other noteworthy changes. If you...

Mathew Moldawer

06/30/2023

Labor Law

From the opening, it was apparent that the Seventh Circuit Court of Appeals was not pleased with ADT. ADT, well known for their blue signs to discourage intruders, was found to have violated the National Labor Relations Act (NLRA) by the National Labor Relations Board (NLRB). As stated by the Court, the case “presents a disappointing and transparent attempt by an employer to avoid its obligations under the National Labor Relations Act.”...

Jordan Dunham

06/29/2023

Reasonable Accommodations/Undue Burden, Religious Discrimination, Supreme Court Decisions

On June 29, 2023 the United States Supreme Court issued its unanimous decision in Groff v. DeJoy, 600 U.S. ___ (2023). This highly anticipated decision changes the individual assessment employers must use when evaluating a request for accommodation for religious reasons and whether the accommodation is reasonable or creates an undue hardship. While this is one of several highly anticipated rulings from the high court this summer, it is not...

Mathew Moldawer

06/28/2023

NLRB

In general, when an employer subject to a collective bargaining agreement (CBA) closes a facility or shuts down a business, the employer should inform the union of its plans – failure to do so could cost the company. The concept is referred to as “affects bargaining,” and is the subject of a recent National Labor Relations Board (NLRB) decision, Tec-Cast, Inc. (NLRB June 21, 2023). Tec-Cast is a New Jersey corporation that produces wax...

Jordan Dunham

06/26/2023

Retaliation, Wage & Hour

A Sacramento California restaurant is on the hook for $140,000 in back wages and penalties owed to 35 employees after entering into a consent judgment in the U.S. District Court, Eastern District of California. The consent judgment resolves a case brought by the Department of Labor, Wage and Hour Division, against Taqueria Garibaldi and its several owners and operators. As a primer, the Department of Labor, Wage and Hour Division (“DOL”)...

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Email Updates

August 2 Webinar (1pm EST): Advising Employers on the Current LGBTQ+ Legal Landscape

Conflicting Instructions On Obtaining Conversion Of Group Life Coverage Results In Potential Liability for Employer

How to Accommodate a Pain in the Butt

The (New) Story of the Mad Hatter

EEOC Now Accepting Charges Under the New Pregnant Workers Fairness Act

Maryland Employment Law Update 2023: Wednesday, July 19, 2023, 12:00-1:00 PM EST

Seventh Circuit Blasts ADT For NLRA Violations

Groff v. DeJoy: Employers Have A Clarified Standard For Their Duty To Provide Reasonable Accommodations

New Jersey Company Must Provide Back Pay To Laid-off Employees After Failure To Engage In Effects Bargaining

Keep Your Religion Off My Tacos: Taqueria Found To Have Retaliated When Workers Were Offered A Priest To Confess Their Workplace Sins

Email Updates