Maryland’s Medical Cannabis Law: Does It Impact Your Workplace Drug Testing Policy?

Kollman & Saucier
Kollman & Saucier
12/13/2017
Google “medical marijuana”, and you’ll likely find new headlines, stories, and issues just about each day.  This is so after at least 29 states and the District of Columbia have legalized the drug for medicinal use.  Of course, the possession and consumption of marijuana for any reason remains in violation of the federal Controlled Substances Act.  The ensuing legal landscape makes it difficult for individuals and businesses to...
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Richmond Court Dismisses Discrimination and Retaliation Claims

I've been practicing employment law for over 30 years, and one thing I have learned over those three decades is that you can generally predict how a judge will rule in your case by reading the first couple paragraphs of their decision.  In Bowman v. Rescare Inc., Braley and Thompson, Civil Action No. 3:16-CV-601-JAG (10/19/17) , a recent decision from the United States District Court for the Eastern District of Virginia, Richmond Division, Judge...
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Governor Hogan Offers "The Paid Leave Compromise Act of 2018" - Now What?

Six months ago, we reported that the alleged veto-proof Healthy Working Families Act (HWFA) was vetoed by Governor Hogan.  At that time, Governor Hogan called the bill "deeply flawed" and "job-killing."  He then created a task force to study paid sick leave plans and submit a report so that his administration could submit emergency legislation to replace the killed bill when the General Assembly reconvenes in January 2018.  We now have that...
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Sexual Harassment, Holiday Parties, Handbooks, and other End-of-Year Musings

Kollman & Saucier
Kollman & Saucier
11/29/2017
I do not think a day has passed since Harvey Weinstein's ouster that we don't learn about a new public figure-newscaster-actor-politician-other notable name who has been accused of sexual harassment (or similar behavior) and lost his job.  Today, I woke to news of Matt Lauer's termination from NBC.  A few moments ago I received an email advising that Garrison Keillor has been accused of inappropriate behavior and that Minnesota Public Radio will be...
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House Passes Legislation Narrowing Joint Employer Doctrine

Kollman & Saucier
Kollman & Saucier
11/21/2017
One of the most pressing issues for employers and contractors is the joint employer doctrine.  This doctrine allows the NLRB and other agencies to consider one business the employer of another business’ employee if it had indirect or potential control over the second business’ employees.  What is indirect or potential control, you ask?  Therein lies the problem. While the NLRB decision that expanded this doctrine to its current state is still...
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Two Employment Related Measures Under Consideration By Congress

At least two employment-related bills have been introduced in Congress in recent days.  The first, H.R. 4219, dubbed the Workflex in the 21st Century Act, would amend the Employee Retirement Income Security Act of 1974 to include an option for qualified flexible workplace arrangements.  Under the legislation in its current form, employers would voluntarily offer employees at least a guaranteed minimum level of paid leave.  The amount of leave...
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Montgomery County Will Increase Minimum Wage To $15 Per Hour

Kollman & Saucier
Kollman & Saucier
11/13/2017
The Montgomery County Council voted last week to increase its minimum wage to $15 per hour by 2021 for employers with more than 50 employees.  Under Bill 28-17, beginning July 1, 2022, and each July 1 thereafter, the County minimum wage rate will be increased by the annual average increase, if any, in the Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W) for the previous calendar year in the Washington-Baltimore area.  The...
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Employer Need Not Grant Indefinite Leave of Absence As An Accommodation

Clifford Geiger
Clifford Geiger
11/12/2017
A federal court in West Virginia recently held that an employer is not required to grant an indefinite leave of absence as an accommodation under a state disability discrimination law. Davis v. Universal Cable Holdings, Inc., Civil Action No. 2:16-cv-06526, 2017 U.S. Dist. LEXIS 183881 (S.D. W. Va. Nov. 6, 2017).  The case involved Ronald Davis, who  worked as a Broad Band Technician for Universal Cable Holdings, Inc. (“Universal Holdings).  His...
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Mark of the Beast

How does an employer comply with a statutory requirement that an employee says conflicts with a sincerely held religious belief?  This issue has come up when an employee is fired after refusing to produce a social security number for religious reasons.  Courts considering religious discrimination claims in this context have uniformly held that Title VII of the Civil Rights Act (“Title VII”) does not require an employer to accommodate an...
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Sexual Harassment: A Few Words of Advice in the Wake of Weinstein, Spacey, and the Media Frenzy

Kollman & Saucier
Kollman & Saucier
11/03/2017
Over the past few weeks, we have seen, heard and read alot about allegations of sexual harassment against Harvey Weinstein, Kevin Spacey, Mark Halperin, and a number of other high-profile media  and entertainment personalities.  In most of these cases, the allegations involve claims of non-consensual sexual contact, sometimes even rising to the level of rape.  With each day, it seems that more accusers surface, and a Twitter hashtag ("#MeToo")...
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