OSHA Announces Withdrawal of Large Employer Vaccination and Testing ETS

Jordan Dunham
Jordan Dunham
01/27/2022
As our Garrett Wozniak wrote on January 13, 2022, the United States Supreme Court stayed implementation of the Occupational Safety and Health Administration’s (“OSHA”) vaccination or test Emergency Temporary Standard (“ETS”)  for large employers (100 or more employees).  The stay effectively ended the ability for OSHA to implement this ETS, as the Supreme Court ruled that the stay would remain in effect following a final decision from...
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An Employer Cannot Sue its Competitor in Order to Retain Staff

Jordan Dunham
Jordan Dunham
01/26/2022
“The great resignation,” the current term used to describe the mobility of employees in the COVID-era  workforce, is in full effect.  Employment is extremely competitive at the moment, and it seems employees are feeling more comfortable changing employers.  This can, of course, leave employers in dire circumstances when a group of employees all decide to quit at the same time.  Employers are increasingly turning to alternative methods to...
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Fourth Circuit ADA Plaintiff Loses on Summary Judgment Due To Admissions Made In His Own Complaint

Bernadette Hunton
Bernadette Hunton
01/21/2022
One of the more challenging areas of employment law that businesses must grapple with is leave accommodations.  Employers and employees often disagree about how much leave is too much leave and, when circumstances result in an employee’s termination, it’s not uncommon for litigation to ensue. Such were the facts of an employment dispute decided by the Fourth Circuit this week. Jessup v. Barnes Group, Inc., No. 20-1801 (1/19/22). Plaintiff...
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Reminder About Maryland Minimum Wage Increases

Bernadette Hunton
Bernadette Hunton
01/19/2022
This is a reminder for all Maryland employers that effective January 1, 2022, Maryland’s minimum wage rates increased to $12.50 for employers with 15 or more employees, and to $12.20 for employers with 14 or fewer employees. Rates will continue to increase gradually each year for both large and small businesses until a $15 an hour rate is reached in 2025 (for large businesses) and in 2026 (for small businesses). Montgomery County Minimum wage...
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Supreme Court Blocks OSHA ETS Requiring Vaccination or Testing

Garrett Wozniak
Garrett Wozniak
01/13/2022
The Supreme Court today issued a stay blocking the Biden Administration’s COVID-19 vaccination or test rule for employers with 100 or more employees.  NFIB v. OSHA, Nos. 21A244 and 21A247 (Jan. 13, 2022).  The majority found that those challenging the  Emergency Temporary Standard ("ETS")  “are likely to succeed on the merits of their claim that the Secretary [of Labor] lacked authority to impose the mandate.” In its, 6-3 per curiam...
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NLRB To Revisit Test for Reviewing Workplace Rules

Garrett Wozniak
Garrett Wozniak
01/12/2022
In The Boeing Co., 365 NLRB No. 154 (2017), the National Labor Relations Board (NLRB) set a new standard for evaluating the lawfulness of workplace rules under Section 7 of the National Labor Relations Act (NLRA).  The Board has invited briefs on “whether the Board should adopt a new legal standard to apply in cases where an employer’s maintenance of a facially-neutral work rule is alleged to violate Section 8(a)(1) of the Act.” ...
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Five K&S Lawyers Named 2022 Super Lawyers

Kollman & Saucier
Kollman & Saucier
01/07/2022
Five Kollman & Saucier Partners have been named 2022 Maryland "Super Lawyers."  Randi Hyatt and Darrell VanDeusen were included for "Employment Defense: Litigation," while Frank Kollman, Pete Saucier and Eric Paltell were included for "Employment and Labor."  Eric was also named one of Maryland's "Top 100" lawyers for...
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Federal Contractors Must "Ban the Box"

Randi Klein Hyatt
Randi Klein Hyatt
01/05/2022
The Fair Chance to Compete for Jobs Act of 2019 became effective December 20, 2021, and requires federal agencies to include language in federal contracts prohibiting contractors from requesting, whether verbally or in writing, the criminal history of a job applicant for work on a federal contract until after a conditional offer of employment has been made.  As many employers already know from the myriad state and local laws already in place, the...
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NLRB Reconsiders Independent Contractor Test – Again

Clifford Geiger
Clifford Geiger
12/28/2021
In The Atlanta Opera, N.L.R.B., Case 10-RC-276292, the National Labor Relations Board is primed to reconsider its 2019 decision in SuperShuttle DFW, N.L.R.B., Case 16-RC-010963.  The decision in SuperShuttle, a case involving ride-share franchisees, made it easier for companies to establish that their workers are independent contractors (and not employees) by clarifying and emphasizing that classification as an independent contractor is strongly...
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Waiting Too Long to Sue Sinks Case

Darrell VanDeusen
Darrell VanDeusen
12/22/2021
I am not a procrastinator by nature, although some of my closest friends (and a few family members) are.  For me, waiting until the last minute to get something done is just irritating and anxiety provoking.  But enough oversharing.   My point is that, waiting until the last minute to accomplish a task can have a negative outcome. That is what happened to Brian Lax, a former FEMA employee who sued for disability discrimination.  Lax v. Mayorkas...
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