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

Pronouns Present Problems? Please.

Darrell VanDeusen

05/22/2023

Reasonable Accommodations/Undue Burden, Religious Discrimination

I (he/him) grew up in a small farm town in Western New York. I represent a number of institutions of higher education, as well as a number of faith-based non-profits. So, when an article was printed in last Friday’s New York Times that merged those things together? That’s like chocolate and peanut butter; it got my attention. This blog looks at reports of the recent firing of two employees at Houghton University. At this point it is...

Vincent Jackson

05/18/2023

Gender Identity, Hostile Work Environment, Religious Discrimination, Sexual Orientation

A recent case from the Second Circuit illustrates the growing tension between religious discrimination claims and protection of LGBTQ rights under Title VII. In Zdunski v. Erie 2-Chautauqua-Cattaraugus BOCES, the Second Circuit affirmed a lower court’s decision granting summary judgment against an employee who alleged that, by being forced to attend mandatory LGBTQ anti-discrimination trainings, he was subject to religious discrimination. The...

Mathew Moldawer

05/16/2023

Paid Leave, State Law

At the time of this article, California, Connecticut, the District of Columbia, Massachusetts, New Hampshire, New Jersey, New York, Rhode Island, Virginia, and Washington have paid family leave laws in the books. Colorado, Delaware, Maryland, and Oregon have paid family leave laws that are to take effect in the upcoming years. These plans all contain their own idiosyncrasies. Some, such as Connecticut, New Jersey, New York, and Rhode Island are...

Mathew Moldawer

05/11/2023

Workplace Safety

It is no doubt that the construction industry can be a dangerous place to work. Masons, steel erectors, electricians, and other laborers work diligently and most of the time, safely, to meet critical contractual deadlines. Inevitably, accidents happen. Improper trenching or excavation, improper storage of materials, or similar missteps can result in serious injuries or even death. Recently, the Occupational Safety and Health Administration...

Jordan Dunham

05/09/2023

Maryland Law, Paid Leave, Time To Care Act

As we previously reported, last spring Maryland passed the Time to Care Act (“TTCA”). Under the TTCA, Maryland joined a growing number of states that will offer a government administered paid family leave program to employees in the state. The new program’s benefits and requirements were detailed back in April 2022. Originally the TTCA was set to go into effect beginning October 1, 2023, once the state issued regulations by June 1,...

Jordan Dunham

05/04/2023

Labor Law, Protected Concerted Activity

It is no secret that the National Labor Relations Board’s (“NLRB” or the “Board”) General Counsel Abruzzo is pushing a pro-union/employee agenda. She stated as much in 2021 when she released her 10-page memo to NLRB staff outlining that under her leadership, the NLRB would focus on reviewing the “numerous adjustments to the law, including a wide array of doctrinal shifts” that occurred under the NLRB’s prior leadership. Don’t...

Garrett Wozniak

05/01/2023

Agency Activity, EEOC, Employment Discrimination, Hostile Work Environment

The EEOC has issued guidance on “Promising Practices for Prevention and Addressing Harassment in the Federal Sector.” While the guidance provides recommended practices for federal government workplaces, it offers sound advice for other public sector and private sector employers. Here is a sampling of the EEOC’s recommendations that are applicable to other employers too: Annually issue and distribute to all employees, and prominently post,...

Garrett Wozniak

04/27/2023

Legislative Developments, Restrictive Covenants, State Law, Wage & Hour

The legislature has updated the scheduled increases to the State’s minimum wage. For small employers (those with fewer than 15 employees), the State minimum wage is $12.80 per hour as of January 1, 2023. For employers with 15 or more employees, the State minimum wage is $13.25 per hour as of January 1, 2023. The minimum wage rate will increase to $15 per hour on January 1, 2024 for all employers, regardless of size. The legislature also...

Kollman & Saucier

04/19/2023

Agency Activity, Joint Employer, Labor Law

In September 2022, the National Labor Relations Board (NLRB) issued its proposed rule on the Standard for Determining Joint-Employer Status under the National Labor Relations Act (NLRA). This rule, which is a return to the Obama-era standard, states entities are joint employers if they "share or codetermine those matters governing employees' essential terms and conditions of employment." Significantly, under this rule, the authority alone to...

Kollman & Saucier

04/18/2023

Fair Credit Reporting Act (FCRA), Hiring Process

The Consumer Financial Protection Bureau (CFPB) updated its Final Rule on the Fair Credit Reporting Act (FCRA) Summary of Consumer Rights and it includes various changes and corrections that are largely non-substantive (contact information corrections; deleting the term "Federal Land Banks"). Employers and consumer reporting agencies are required to provide the Summary to employees and applicants per the FCRA. Employers must do so with every...

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Pronouns Present Problems? Please.

Second Circuit Turns Down Employee’s Claim of Wrongful Termination for Refusal to Attend LGBTQ Bias Training Session

New Hampshire and Virginia Provide Voluntary Paid Family Leave

OSHA Institutes New Emphasis Program on Fall Prevention and Protection

Time To Care Act Is Still Coming, But It Is Delayed

National Labor Relations Board Changes its Mind (Again) – Reverts to Previous Rule on Disciplining Misconduct Occurring in Connection with Protected Activity

EEOC Issues Harassment Prevention and Response Guidance

Maryland Minimum Wage To Increase to $15/Hour On January 1, 2024

New NLRB Joint Employer Rule Coming This Summer

FCRA Compliance: Summary of Consumer Rights Is Updated

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