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

Department of Labor Opines That Gig Workers are Independent Contractors

Vincent Jackson

05/03/2019

Agency Activity, Independent Contractors, Wage & Hour

On April 29, 2019, the Department of Labor’s (“DOL”) Wage and Hour Division issued an opinion letter (FLSA2019-6) stating that workers in the “gig” or “sharing” economy should be considered as independent contractors rather than employees. This opinion letter, while limited to the specific facts of the anonymous company who requested it, has potentially wide-ranging consequences for the sharing economy as a whole. The DOL’s letter...

Kollman & Saucier

04/26/2019

Pretext, Race Discrimination, Retaliation

To prevail in an employment discrimination case, the plaintiff is required to present evidence of pretext by his or her (former) employer. What exactly does pretext mean, though, at a practical level? The Fourth Circuit Court of Appeals recently explored this concept in holding that a former trash truck driver was entitled to go to trial based on sufficient evidence that his former employer’s proffered reason for terminating him was a...

Kollman & Saucier

04/24/2019

Sexual Orientation, Supreme Court Decisions

On April 22, 2019, the Supreme Court granted certiorariin three cases relating to Title VII’s coverage (or noncoverage) of workplace discrimination based on sexual orientation and/or transgender status. Those cases are Bostock v. Clayton County, GA(No. 17-1618), Altitude Express, Inc. v. Zarda(No. 17-1623), and R.G. & G.R. Harris Funeral Homes v. EEOC (No. 18-107). The Court consolidated Bostockand Zarda, which both concern whether...

Kollman & Saucier

04/18/2019

Legislative Developments, State Law

I recently wrote about Organ Donation Leave (HB1284/SB705), a bill likely to make job-protected organ donation leave a benefit to which Maryland employees are entitled. Other bills that expand protections for employees were approved during the 2019 General Assembly session, and if they become law as anticipated, will have a significant impact on businesses. Here’s a look at the highlights: Workplace Harassment (HB679/SB782). The legislation...

Kollman & Saucier

04/16/2019

FMLA, Legislative Developments

The Maryland General Assembly has approved legislation (HB1284/SB0705) that entitles eligible employees to unpaid job-protected leave for organ and bone marrow donation. While expected to be approved, this legislation is not yet finalized and has not officially passed into law. Under the new legislation, Maryland employers with at least 15 employees would be required to provide eligible employees up to 60 business days in any 12-month period to...

Kollman & Saucier

04/12/2019

Agency Activity, Employment Discrimination, Retaliation, Sexual Harassment

The EEOC released its 2018 charge statistics earlier this week. Here are three key pieces of information to consider: Charge filings have decreased. In 2018, the EEOC processed 76,418 charges, which represents more than a 9% decrease from 2017, a nearly 17% decrease from 2016, and a 23.5% decreased from the all-time high year of charge filings in 2010 (99,922 charges). Because charge filings tend to flow with the relative strength of the...

Kollman & Saucier

04/09/2019

Agency Activity, FMLA

In FMLA2019-1-A, the DOL advised that an employer cannot delay designating qualifying leave as FMLA, even if requested by the employee. In particular, the DOL was asked if it is permissible to permit employees to exhaust first any non-FMLA leave prior to designating otherwise qualifying leave as FMLA. The DOL explained that an employer may not delay the designating qualifying leave as FMLA: "Once an eligible employee communicates a need to take...

Kollman & Saucier

04/04/2019

Legislative Developments, Union Activity

In March, New York City Councilman Brian Lander introduced a bill that could change the union gameplan in one of the world’s biggest cities. The bill Lander proposed would put an end to at-will employment in the fast food industry in NYC and require that all terminations be only for just cause. The bill defines "just cause" for termination as an “employee’s failure to satisfactorily perform job duties or misconduct that is demonstrably and...

Kollman & Saucier

04/01/2019

Wage & Hour

The Maryland General Assembly has voted to override Governor Larry Hogan’s veto of legislation increasing the minimum wage. As a result, the minimum wage in the State will increase to $15 per hour by 2025 for employers with 15 or more employees and 2026 for employers with 14 or fewer employees. The minimum wage will gradually increase over the next six to seven years, depending on the size of the employer, with the first increase occurring on...

Kollman & Saucier

03/28/2019

Agency Activity, Wage & Hour

As anyone who has ever tried to properly calculate overtime can attest, the question of what compensation should properly be included in an employee's regular rate of pay is a vexing one. On March 28, 2019, the United States Department of Labor proposed new rules that may add some clarity. The "regular rate" of pay is the base number that employers must multiply by 1.5 to determine how much overtime compensation is owed to an employee for hours...

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Email Updates

Department of Labor Opines That Gig Workers are Independent Contractors

Fourth Circuit Holds That Employer’s Shifting Story Is Evidence Of Pretext

Supreme Court Grants Certiorari On LGBT Discrimination Issues

Maryland General Assembly Passes Several New Workplace Bills

Maryland General Assembly Approves Organ Donation Leave Legislation

Some Fun Facts About The EEOC's 2018 Charge Data

DOL Issues First FMLA Opinion Letter Of 2019

Could New York City’s New Bill Hurt Unions?

Maryland Increases Minimum Wage to $15 Per Hour

DOL Proposes New Rules on Regular Rate Calculations

Email Updates