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

Yet Another Example of the Importance of Documenting Performance Issues

Kollman, Saucier, & Jackson

02/06/2018

Age Discrimination, Employment Discrimination

A case decided this past week in the United State District Court for the District of Maryland highlights the importance of documenting an employee’s (non-discriminatory) performance issues at the time they occur. Ward v. Columbia Bank, No. CCBC-16-3606 (D. Md. 2/2/18). Plaintiff Ward began working for Columbia Bank in 1999, and was promoted to branch manager five years later. In 2012, her branch’s overall performance began to decline. ...

Kollman, Saucier, & Jackson

02/01/2018

Drug Testing, Third Party Liability

The EEOC has taken to suing employers who screen out disabled workers through medical inquiries or exams. Since September 2017, it has filed seven such suits. In one of those cases, EEOC v. M.G. Oil Co., No. 4:16-CV-04131 (D.S.D. Jan. 25, 2018), the EEOC filed an action against M.G. Oil, on behalf of Kim Mullaney, after Happy Jack's Casino (owned by M.G. Oil) rescinded her job offer. In the post-offer stage, Ms. Mullaney tested positively for...

Kollman, Saucier, & Jackson

01/26/2018

Restrictive Covenants

Many business owners utilize some forms of restrictive covenants when hiring employees. Whether it is to protect trade secrets or customer lists, or to ensure that sensitive information remains confidential, employees routinely execute agreements barring them from competing with their former employer, soliciting their former employer’s clients, or taking certain information with them when they leave. While the enforcement of these covenants...

Kollman, Saucier, & Jackson

01/26/2018

Wage & Hour

A recent case decided this week by the United States Court of Appeals for the Fourth Circuit, Balbed v Eden Park Guest House, et al., sheds some light on the somewhat confusing FLSA analysis that comes into play when an employer provides an employee on-site lodging and other benefits. At its most basic level, the FLSA requires an employer to pay an employee a minimum wage rate based on the number of hours an employee works and the remuneration...

Kollman, Saucier, & Jackson

01/23/2018

Virginia Employment Law

On January 17, 2018, Delegate Chris Hurst of Blacksburg introduced legislation that would grant civil immunity to employers who share information about violent acts or threats made by current or former employees to prospective employers or law enforcement agencies. The proposed legislation, House Bill No. 1457, would also grant civil immunity to employers who rely upon such information in hiring decisions. The bill would protect employers who...

Kollman, Saucier, & Jackson

01/17/2018

Employment Discrimination, Sex Discrimination

Last week, the Fourth Circuit issued a favorable decision for the EEOC in a case the federal agency brought against the Maryland Insurance Administration (“MIA”) for violations of the Equal Pay Act (“EPA”). United States EEOC v. Md. Ins. Admin., 2018 U.S. App. LEXIS 298 (4th Cir. Jan. 5, 2018). The Underlying Case The lawsuit grew from three female MIA Fraud Investigators’ complaints that they made less money than male Fraud...

Kollman, Saucier, & Jackson

01/15/2018

Legislative Developments, Maryland Healthy Working Families Act, Paid Leave, State Law

On January 12, 2018, the Maryland General Assembly voted to override Governor Larry Hogan’s veto of the Healthy Working Families Act (House Bill 1 in 2017’s General Assembly). As a result of the legislature’s action, the Healthy Working Families Act (the “Act”) will go into effect on February 11, 2018. In preparation, Maryland employers should begin reviewing and, if necessary, updating (or creating) their paid leave policies in order...

Kollman, Saucier, & Jackson

01/12/2018

Employment Discrimination, Sexual Harassment

This from the Baltimore Sun’s Legislative Reporter Erin Cox (who does excellent work reporting from Annapolis) on the first day of the session: “Senate President Thomas V. Mike Miller said Wednesday that the General Assembly will create a ‘powerful’ new commission to recommend how the legislature should root out sexual harassment in its ranks. “Miller said he and House Speaker Michael E. Busch will create the panel, which Miller said...

Kollman, Saucier, & Jackson

01/10/2018

Agency Activity, Wage & Hour

Last June, the U.S. Department of Labor announced that was reinstating Wage & Hour Opinion Letters. The agency also revamped its website where Opinion Letters and other guidance live. See https://www.dol.gov/whd/opinion/guidance.htm Now, the DOL has reissued more than a dozen advisory opinion letters that had been published late in George W. Bush’s administration but then rescinded by the Obama DOL. These letters could give employers guidance...

Kollman, Saucier, & Jackson

01/08/2018

Agency Activity, Wage & Hour

Last Friday, the United States Department of Labor made the following announcement: “On Dec. 19, 2017, the U.S. Court of Appeals for the Ninth Circuit became the fourth federal appellate court to expressly reject the U.S. Department of Labor’s six-part test for determining whether interns and students are employees under the Fair Labor Standards Act (FLSA). The Department of Labor today clarified that going forward, the Department will conform...

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Email Updates

Yet Another Example of the Importance of Documenting Performance Issues

Drug Testing Company Can't Be Drug Into Discrimination Dispute

Financial Firms Revisiting Approach to Restrictive Covenants

Fourth Circuit Revives Live-in Innkeepers FLSA Claims

Virginia General Assembly Considering Legislation To Limit Liability for Disclosing Threats of Workplace Violence

Fourth Circuit Allows EEOC to Proceed with Equal Pay Claim

Maryland’s Healthy Working Families Act To Become Law February 11th

Maryland Senate President: A “Women Only” Commission on Harassment. Really?

DOL Reissues Opinion Letters Rescinded in 2009

DOL Ends Six-Factor Intern Test; Adopts “Primary Beneficiary” Standard

Email Updates