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

Employer Commits Unfair Labor Practice By Insisting on English-Only Proposal

Kollman & Saucier

06/20/2018

When an employer has a duty to engage in collective bargaining, its refusal to do so is an unfair labor practice under the National Labor Relations Act (the Act). Refusals to engage in collective bargaining can take many forms. Earlier this week, the National Labor Relations Board (the Board) found that a UPS facility in Puerto Rico unlawfully refused to bargain by continuing to insist that a union proposal be translated from...

Kollman & Saucier

06/18/2018

Class Actions, Genetic Information, Wage & Hour

Employers of all sizes attempt to balance the need for accountability in timekeeping and having employees accurately report their hours worked with respect for employees’ privacy. To accomplish these goals in the era of modern technology, in addition to unique computer login information for individual workstations and employer-issued computers, some employers use other state-of-the-art technology such as fingerprint scanning systems. A recent...

Kollman & Saucier

06/14/2018

Restrictive Covenants, Virginia Employment Law

As a general rule, Virginia courts are reluctant to enforce non-compete agreements because they are disfavored restraints on trade. However, when the agreements are narrowly tailored, restrictive covenants will be enforced. A recent decision from the United States District Court for the Eastern District of Virginia provides good guidance as to what type of agreement will be upheld. Update, Inc. v. Lawrence Samilow, Case No. 1;18-cv-00462-TSE-JFA ...

Kollman & Saucier

06/13/2018

State Law, Wage & Hour

On July 1, 2018, new minimum wage rates went into effect for both Maryland and the District of Columbia. All employees who do not qualify for an exemption must be paid in accordance with the new rates. The changes provide a good opportunity for employers to audit pay practices to ensure compliance with wage and hour laws. Defense of a pay claim comes at a substantial cost and a simple review now can serve to mitigate or even eliminate complex...

Kollman & Saucier

06/12/2018

Supervisor Liability, Virginia Employment Law

Under the theory of vicarious liability, employers can be held responsible for an employee’s wrongful conduct provided he is acting within the scope of his employment. But as the Fourth Circuit Court of Appeals reminded us this week, not all workplace conduct which gives rise to a lawsuit against an employee, gives rise to one against his employer as well. Garnett v. Remedi Seniorcare of Virginia, LLC, No. 17-1890 (6/11/18). In this case,...

Kollman & Saucier

06/08/2018

Arbitration, Class Actions, Supreme Court Decisions

On May 21, the Supreme Court issued its decision in Epic Systems Corp. v. Lewis, which we previously discussed at length. That case, which upheld class action waivers in favor of individual arbitration, forces Gustavo Camilo to individually arbitrate his claim that Uber illegally charged him and other drivers a workers' compensation fee. Just a little more than one week after the Epic Systems decision, the trial judge in Camilo v. Uber Techs....

Kollman & Saucier

06/07/2018

Labor Law

As many readers know, the issue of player protests during the national anthem has hovered over the National Football League (NFL) since 2016. Two weeks ago, in an effort to refocus coverage on the sport rather than the spectacle, the NFL unveiled its new national anthem policy, which will take effect this season. The policy gives players the option to remain in the locker room during the anthem. Players that take the field must “stand and show...

Kollman & Saucier

06/06/2018

Employment Discrimination, Same-Sex Marriage, Sexual Orientation, Supreme Court Decisions

Both sides of the political divide had been eagerly awaiting the decision in Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission. The Supreme Court’s decision, however, largely left the central issue of the case unresolved. This case involves a Colorado baker who refused to bake a wedding cake for a same-sex couple in 2012 because doing so would have gone against his religious beliefs. At the time he made this decision, Colorado’s...

Kollman & Saucier

05/30/2018

Sexual Harassment, State Law

On May 15, 2018, Maryland Governor Larry Hogan signed into law the "Disclosing Sexual Harassment in the Workplace Act of 2018" (“Act”). The Act, which can be found here, goes into effect on October 1, 2018, and sunsets without any further action on June 30, 2023. The Act, which is codified at Md. Code Ann., Labor & Employment § 3-715, adds two requirements to current Maryland labor and employment law. First, the Act declares that any...

Kollman & Saucier

05/25/2018

Arbitration, Employment Contracts, Legal Developments

In the aftermath of Monday’s Supreme Court decision in Epic Systems Corp. v. Lewis, as discussed on this blog, employers are free to include class-action waivers as part of their arbitration clauses in employment agreements. There is, however, a difference between whether employers can include such clauses and whether all employers should include them. Some of the assumed benefits of arbitration are that it is less formal, less expensive, and...

< 1 … 54 55 56 57 58 59 60 61 62 63 64 … 129 >

Email Updates

Employer Commits Unfair Labor Practice By Insisting on English-Only Proposal

Illinois Federal Court Permits Biometric Privacy Case To Proceed

Virginia Federal Court Enforces Non-Compete Agreement

New Minimum Wage Rates Effective July 1 For Maryland And D.C.

Pharmacy Not Liable for Employee’s Defamatory Statements Made In The Workplace

Uber Driver Must Ride Solo: Class Action Waiver Enforced Post Epic Systems

The NLRA and the NFL’s New Anthem Policy

Supreme Court Dodges Sticky Issues in Same-Sex Wedding Cake Case

Maryland Enacts “Disclosing Sexual Harassment In The Workplace Act of 2018”

A Potentially Epic Alternative To Class-Action Waiver Arbitration Clauses

Email Updates