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

Massanutten Not Liable for Massage Therapist's Sexual Assault

Kollman, Saucier, & Jackson

02/03/2020

Sometimes even cynical employment attorneys like myself come across a case that leaves us shocked at what people will sometimes do in the course of their employment. I recently found that to be the case with Lett v. Great Eastern Resort Management, a decision from the United States District Court for the Western District of Virginia involving an alleged sexual assault by a massage therapist at Massanutten Spa in Harrisonburg, Virginia....

Kollman, Saucier, & Jackson

01/31/2020

Legislative Developments

The Maryland General Assembly has overridden Governor Larry Hogan’s veto of ban the box legislation from last year’s legislative session. Under the new law, which goes into effect February 29, 2020, employers are prohibited from asking applicants about their criminal histories until an in-person interview. Employer Rights And Responsibilities Employers with 15 or more full-time employees, including supervisors for those employers, may...

Kollman, Saucier, & Jackson

01/27/2020

Agency Activity, Employment Discrimination

On Friday, the Equal Employment Opportunity Commission released its charge-filing statistics for fiscal year 2019, which began October 1, 2018 and ended September 30, 2019. Overall, the Commission received 72,675 charges of discrimination in FY19, down from 76,418 in 2018. Not surprisingly, retaliation charges continued to make up a majority of claims at 39,110 or 53.8%. Compared to other employment discrimination claims, retaliation...

Vincent Jackson

01/23/2020

Employment Discrimination

A former Downtown Partnership of Baltimore employee who brought a Title VII lawsuit alleging race discrimination based on her termination for purportedly sending a negative email to her entire office was not entitled to a trial, ruled U.S. District Court Judge Ellen Hollander in a January 15, 2020 Opinion. The Plaintiff was an African American woman who was hired by Downtown Partnership in 2006 as an administrative assistant. Until her...

Vincent Jackson

01/21/2020

Agency Activity, Joint Employer, Wage & Hour

On January 16, 2020, the U.S. Department of Labor (DOL) issued a final rule that will significantly revise its longstanding interpretation of joint employer status under the Fair Labor Standards Act (FLSA). This update marks the first substantive change to the federal regulation concerning joint employer status (29 CFR Part 791) in over 60 years, and provides a new framework for assessing joint employer status when an employee performs work for...

Kollman, Saucier, & Jackson

01/14/2020

FMLA, Virginia Employment Law

A recent FMLA case out of the United States District Court for the Western District of Virginia brings to mind the expression "its better to be lucky than good." In the case of Trail v. Utility Trailer Manufacturing Company, No. 1:18CV00037 (W.D. Va. 1/8/20), a Southwest Virginia manufacturer succeeded in getting a former employee's FMLA lawsuit dismissed after the employee failed to provide evidence that his son's medical problems...

Kollman, Saucier, & Jackson

01/09/2020

Race Discrimination

It is unfortunately no surprise that people do stupid things. Some people do inexcusable things. And sometimes those things amount to racial discrimination and harassment. A recent decision from a federal court in Texas demonstrates the importance for employers to take prompt action to address discriminatory behavior in the workplace. Such responses are the right thing to do and can also help employers avoid liability under...

Kollman, Saucier, & Jackson

01/06/2020

Labor Law

Section 7 of the National Labor Relations Act gives employees “the right to self-organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection.” Section 8(a)(1) of the Act protects these rights by making it an unfair labor practice for an employer “to...

Kollman, Saucier, & Jackson

01/03/2020

Retaliation

An IT company analyst was not entitled to have a jury decide if he was fired in retaliation for complaining about race discrimination as he claims, versus the performance issues that his former employer identified. Mr. Eyad Asi worked for Information Management Group (IMG) as an analyst and was assigned by IMG to work on a specific contract at Fort Meade, Maryland. The contract on which he worked was managed on-site by Absolute Business...

Kollman, Saucier, & Jackson

12/31/2019

State Law, Wage & Hour

As we blogged about earlier this year, the General Assembly voted to override Governor Hogan's veto of legislation increasing the minimum wage. This means the minimum wage in Maryland will increase to $15 per hour by 2025 for employers with 15 or more employees (and by 2026 for employers with less than 15 employees). The increase is gradual, and tomorrow, January 1, 2020, the first increase will occur when the minimum wage will move to...

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Email Updates

Massanutten Not Liable for Massage Therapist's Sexual Assault

Maryland General Assembly Overrides Governor's Ban the Box Law Veto

EEOC Enforcement Data Shows Decrease In Overall Complaints For FY19

U.S. District Court Grants Summary Judgment for Downtown Partnership of Baltimore on Title VII Claim

DOL Issues New Guidance On Joint Employment

Virginia Employer Dodges FMLA Bullet

Employer’s Swift and Harsh Actions Defeat Harassment Claim

NLRB Ordered To Consider NLRA’s Conflict With Anti-Discrimination Laws

Timing Is Not Enough - Retaliation Claim Fails For Employee Fired Nine Days After Filing A Complaint

Reminder: Maryland Minimum Wage Increases January 1, 2020

Email Updates