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

EEOC Opinion Letter Presents New Interpretation Of Its Authority To Sue Employers For Systemic Discrimination

Kollman, Saucier, & Jackson

09/30/2020

Agency Activity, Employment Discrimination

On September 3rd, the EEOC issued an opinion letter that reversed course on its authority under Section 707 of Title VII of the Civil Rights Act of 1964 to initiate discrimination actions against employers. The EEOC concluded it does not have the power to sue employers for discriminatory workplace practices without first complying with other procedural steps. The opinion letter answered two questions: 1) does a pattern or practice claim...

Kollman, Saucier, & Jackson

09/22/2020

Agency Activity, Independent Contractors

The U.S. Department of Labor (DOL) announced on September 21, 2020 a notice of proposed rulemaking (NPRM) that re-defines “employee” under the Fair Labor Standards Act (FLSA) as it relates to independent contractors. https://www.dol.gov/agencies/whd/flsa/2020-independent-contractor-nprm. The NPRM is available for review and public comment for 30 days after it is published in the Federal Register. The issue of who qualifies as...

Kollman, Saucier, & Jackson

09/21/2020

Agency Activity, Employment Discrimination

Those of us who deal with the Equal Employment Opportunity Commission on a regular basis sometimes lose track of the fact that it, like the folks we represent as management attorneys, is an employer too. And, it is subject to many of the same anti-discrimination and anti-retaliation legal requirements as the employers it investigates. A recent decision from the D.C. Circuit shows that even the EEOC is sometimes required to explain its actions...

Kollman, Saucier, & Jackson

09/17/2020

Agency Activity, Religious Discrimination

We've heard a lot about LGBTQ issues in the workplace this year, including the Supreme Court's landmark June ruling in Bostock v. Clayton County. However, a September 14, 2020 lawsuit filed by the EEOC against Kroger in Arkansas raises a different workplace issue relating to the LGBTQ community: does an employer have to accommodate the religious beliefs of employees who believe LGBTQ practices violate their sincerely held religious...

Kollman, Saucier, & Jackson

09/15/2020

Agency Activity, COVID-19

On September 11th, the U.S. Department of Labor issued revised regulations on the Families First Coronavirus Response Act (FFCRA). The new regulations are a response to an August 3, 2020 decision from a New York federal court finding that DOL's interpretation of the FFCRA excluded too many health care workers from the Act's coverage. The court also struck down a provision that allows employers to deny leave when they don't have work available,...

Kollman, Saucier, & Jackson

09/10/2020

Agency Activity, State Law, WARN

Earlier this week, I blogged about several employment laws scheduled to take effect October 1. Among them is HB1018/SB0780, which significantly changes the State’s Economic Stabilization Act, Maryland’s version of the federal Worker Adjustment and Retraining Notification (WARN) Act. For readers who are unfamiliar with the Economic Stabilization Act (the Act), it applies to businesses employing 50 or more individuals and doing business in...

Kollman, Saucier, & Jackson

09/08/2020

Legislative Developments, State Law

I hope everyone had an enjoyable and safe Labor Day weekend. For many of us, it’s back to work. And on that note, here is a rundown of several Maryland labor and employment laws set to go into effect October 1. Wage and Salary History Inquiries -- Employers will soon be prohibited from seeking an applicant’s wage history through an employee or agent or from a current or former employee, or relying on wage history, when screening or...

Kollman, Saucier, & Jackson

09/03/2020

Disability & Leave, Employment Discrimination, Religious Discrimination

On August 31st, the Seventh Circuit Court of Appeals ruled a minister’s hostile work environment discrimination claim is not barred by Title VII's ministerial exemption. The court's 2-1 decision in Demkovich v. St. Andrew the Apostle Parish joined the Ninth Circuit in finding that a hostile work environment is not a permissible means of exerting constitutionally protected control over a ministerial employee. In 2012, St. Andrew...

Kollman, Saucier, & Jackson

08/28/2020

Employment Discrimination

A jury could find that Facebook denied promotion to a black facilities worker based on race, the Fourth Circuit concluded in Gary v. Facebook, et al. No. 18-01994 (4th Cir. 8/26/20). In this case, Gary, a Facebook facilities technician, was denied promotion based on a committee performance review. His less-experienced white colleague was recommended instead. About a year later, Facebook fired one of the committee members, Hawkins, after...

Kollman, Saucier, & Jackson

08/27/2020

COVID-19, Wage & Hour

In response to the increase in pandemic-generated remote work, the DOL has issued a Field Assistance Bulletin (No. 2020-5) that offers guidance (applicable to both COVID and non-COVID telework arrangements) on how businesses should manage pay for such work. The guidance emphasizes that remote workers must be paid for all work that an employer knows or “has reason to believe” was performed, and applies a “reasonable diligence” standard to...

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Email Updates

EEOC Opinion Letter Presents New Interpretation Of Its Authority To Sue Employers For Systemic Discrimination

DOL Proposes New Independent Contractor Rule

In Its Own Backyard: EEOC Must Confront Discrimination Lawsuit by Former Attorney

EEOC Sues Kroger For Failure to Accommodate Religious Objectors to Rainbow Logo

DOL Issues Revised FFCRA Regulations

Maryland’s Mini-WARN Act: Will You Be In Compliance?

Heads Up: New Maryland Employment Laws Take Effect October 1

Hostile Work Environment Claims Not Barred By Ministerial Exemption

Fourth Circuit Revives Black Tech’s Failure to Promote Claim Against Facebook

DOL Issues Guidance For Tracking Employee Telework Hours

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