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

New Maryland Pay Transparency Law To Go Into Effect On October 1, 2024

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...

Peter Saucier

05/17/2024

Workers' Compensation

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. ...

Kollman & Saucier

05/16/2024

NLRB

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...

Kollman & Saucier

05/14/2024

Harassment

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,...

Darrell VanDeusen

05/09/2024

FLSA Exemptions, Wage & Hour

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...

Darrell VanDeusen

05/07/2024

Arbitration

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...

Kollman & Saucier

05/02/2024

EEOC

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...

Kollman & Saucier

05/02/2024

Title VII

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,...

Vincent Jackson

04/26/2024

Non-Competes

Earlier this week, the Federal Trade Commission proposed a rule that would adopt a nearly-universal ban on non-compete agreements that restrict workers from switching jobs within an industry. While the rule will not go into effect for 120 days, it has already drawn legal challenges from business groups, including the Chamber of Commerce. The rule is breathtakingly broad in scope. It does not merely outlaw non-competes for low and medium-wage...

Kollman & Saucier

04/22/2024

Pregnancy Discrimination, PWFA, Title VII

On April 19, 2024, the Equal Employment Opportunity Commission (EEOC) released its final regulations for the Pregnant Workers Fairness Act (PWFA). The regulations embrace a broad characterization of the PWFA’s use of the phrase “pregnancy, childbirth, or related medical conditions.” Ultimately, the regulations cover current, past, and potential pregnancy. The EEOC’s adoption of a broad view does not come as a surprise. The initial proposal...

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Email Updates

New Maryland Pay Transparency Law To Go Into Effect On October 1, 2024

WORKERS COMPENSATION DEATH BENEFITS PROTECT EMPLOYERS FROM LAWSUITS BY ANYBODY

How Dartmouth College Men’s Basketball Team Formed a Union

EEOC Issues Updated Guidance on Workplace Harassment

Déjà Vu (All Over Again)

I’ll Take You Back

EEOC Files Amicus Brief in AI discrimination case

Plaintiffs in Discrimination Cases Need Only Show “Some Harm” Rather Than “Significant Harm” to Seek Relief Says Supreme Court

FTC Announces Ban on Worker Non-Competes

EEOC’s Final Pregnant Worker Fairness Act Regulations Cover Abortion

Email Updates