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

Public School Did Not Discriminate Based On Religion By Requiring High School Teachers To Address Students By Preferred Names And Pronouns

Clifford Geiger

04/14/2023

Brownsburg Community School Corporation (“Brownsburg” or the “School”) is a public school corporation in Brownsburg, Indiana. Its high school teachers are required to call all students by the names and pronouns registered in the School’s official student database. John Kluge, the sole music and orchestra teacher at Brownsburg High School, objected on religious grounds to using the first names of transgender students to the extent that...

Clifford Geiger

04/13/2023

Labor Law, Non-Disparagement Clauses

The recent case Challenge Mfg. Holdings, Inc., Case 07-CA-286573 (2023), demonstrates how some judges may apply the National Labor Relations Board’s recent decision in McLaren Macomb, 372 NLRB No. 58 (2023), which held that an overly broad non-disparagement provision in a severance agreement was unlawful under the National Labor Relations Act (the “Act”). The provision at issue in McLaren Macomb prohibited employees who accepted severance from...

Vincent Jackson

04/06/2023

Exemptions - Wage and Hour, Wage & Hour

When flying, many passengers have experienced that moment of turbulence, that disconcerting jolt of the aircraft. During the precious seconds that follow, you may have offered a quick prayer that the pilot draw on his years of experience, education and expertise to guide the plane to safety. You may have additionally marveled that any human being could exert control over an object as large and complex as a commercial jet. Small wonders,...

Peter Saucier

04/05/2023

Agency Activity, Employment Discrimination

Every person who claims to be discriminated against by an employer has the right to have that charge examined by the Maryland Commission for Civil Rights (MCCR). The claims of charging parties are fully investigated by the MCCR, including procedures to obtain documents, data and testimony. That process includes an appeal within the MCCR, and the right to seek further review in the Maryland Circuit Court system. Employers confronted with charges...

Darrell VanDeusen

04/05/2023

FMLA

It’s that time of year when I update my treatise on FMLA/Wage & Hour Law (available as a part of the Labor and Employment Law multi-volume series published by Lexis/ Nexis). But enough gratuitous self-promotion. The FMLA turns 30 years old this year. It remains hard to argue with the Congressional intent of a desire to “balance workplace and family.” And, as FMLA jurisprudence has matured over the years, there are now not many...

Darrell VanDeusen

04/03/2023

Disability & Leave, Reasonable Accommodations/Undue Burden

Anyone who has engaged in the ADA’s interactive process to provide a “qualified individual with a disability” (meaning that the individual has a “mental or physical impairment” that “substantially limits one or more major life activities”) with a “reasonable accommodation” that does not involve an “undue hardship” to enable them to perform the “essential functions of the job” knows just how challenging that task can be....

Mathew Moldawer

03/31/2023

Wage & Hour

Since the beginning of the pandemic, certain industries have been hit hard by employees resigning in search of greener pastures – work/life balance and flexible work. Quit rates were high in industries including the retail, restaurant, and hospitality. While some businesses and industries have seen a rebound in hiring, hiring in those industries appear to be stagnant. While incentives such as signing bonuses have been used to attract new...

Mathew Moldawer

03/28/2023

Biometric Data, State Law

The Maryland legislature introduced House Bill 33: Biometric Data Privacy Act (the Act). The Act defines “Biometric data” as data generated by automatic measurements of the biological characteristics of an individual, such as a fingerprint, a voiceprint, an eye retina, an eye iris, or any other unique biological patterns or characteristics, that is used to identify a specific individual. Not included is a physical or digital photograph, a...

Mathew Moldawer

03/27/2023

COVID-19, First Amendment Protections, Religious Discrimination

The world is seemingly going back to pre-Covid normalcy. Masks, while still present some places, no longer litter the trashcans outside grocery stores and restaurants. People are taking a big breath of fresh air, and not just six feet from someone. Nevertheless, litigation concerning Covid and company policies regarding the vaccine linger in courts around the U.S. One such case has seemingly come to an end and the company is out of a...

Jordan Dunham

03/20/2023

FLSA Exemptions, Wage & Hour

On March 15, 2023, the Third Circuit Court of Appeals issued its opinion of first impression in Higgins v. Bayada Home Health Care, Inc., Case No.: 21-3286, ___ F.4th ___ (Mar. 15, 2023), affirming the United States District Court for the Middle District of Pennsylvania decision granting summary judgment in favor of Bayada Home Health Care, Inc. (“Bayada”). The issue in this case was whether Bayada’s practice of docking accrued paid time off...

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Public School Did Not Discriminate Based On Religion By Requiring High School Teachers To Address Students By Preferred Names And Pronouns

ALJ Finds Employer Violated Federal Law By Reinstating Employee Subject To A Last Chance Agreement Containing A Broad Non-Disparagement Provision

The Limits of the FLSA Exemption for “Learned Professionals”

Maryland Court Reins in Appeal Rights From MCCR Determinations

Employers: Probably How Not to Win a FMLA Case

“Most Qualified” v. ADA Accommodation: Who Wins?

Are Kids the Key to Solving the Hiring Crisis?

An Eye to the Future and a Finger on the Pulse of Technology - Biometric Data Regulations

“Preserve” Your Constitutional Rights, But Not Against A Private Employer

Third Circuit Rules Docking PTO Under Production Standard Does Not Run Afoul Of FLSA Exemption

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