How to Accommodate a Pain in the Butt

The Americans with Disabilities Act (ADA) was signed into law by George W.H. Bush 33 years ago this month – the same year our first child was born.  Like most youngsters, the early years of the ADA’s existence found it growing in fits and starts.  It was sent to the principal’s office (the Supreme Court in this case), more than any other kid in the class.  Most of those times it was seen by SCOTUS as being “too big for its britches” and...
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The (New) Story of the Mad Hatter

“If I had a world of my own, everything would be nonsense.  Nothing would be what it is, because everything would be what it isn’t.  And contrary wise, what is, it wouldn’t be.” The Mad Hatter, Alice’s Adventures in Wonderland (Lewis Carroll, 1865) When I explain the disparate treatment theory in employment discrimination cases, I make the point that the analysis must look at the way people of different protected...
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EEOC Now Accepting Charges Under the New Pregnant Workers Fairness Act

The Pregnant Workers Fairness Act (PWFA) went into effect on June 27, 2023, and the EEOC will now be investigating and enforcing all charges for conduct alleged to have occurred on or after that date.  The PWFA requires covered employers (generally, private and public sector employers with at least 15 employees) to provide reasonable accommodations for pregnant workers (existing laws already prohibit firing or discrimination on the basis of...
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Maryland Employment Law Update 2023: Wednesday, July 19, 2023, 12:00-1:00 PM EST

Kollman & Saucier
Kollman & Saucier
07/06/2023
We invite you to join Kollman & Saucier attorneys Garrett Wozniak and Mathew Moldawer on July 19 from 12 p.m. to 1 p.m. for a discussion about recent changes in Maryland employment law.   We’ll cover the Fair Wage Act of 2023, updates to Maryland’s ban on certain non-compete agreements, the Family and Medical Leave Insurance Program (FAMLI), implications with the legalization of recreational cannabis, and other noteworthy changes.  If you...
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Seventh Circuit Blasts ADT For NLRA Violations

Mathew Moldawer
Mathew Moldawer
06/30/2023
From the opening, it was apparent that the Seventh Circuit Court of Appeals was not pleased with ADT.  ADT, well known for their blue signs to discourage intruders, was found to have violated the National Labor Relations Act (NLRA) by the National Labor Relations Board (NLRB).  As stated by the Court, the case “presents a disappointing and transparent attempt by an employer to avoid its obligations under the National Labor Relations Act.”...
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Groff v. DeJoy: Employers Have A Clarified Standard For Their Duty To Provide Reasonable Accommodations

On June 29, 2023 the United States Supreme Court issued its unanimous decision in Groff v. DeJoy, 600 U.S. ___ (2023).  This highly anticipated decision changes the individual assessment employers must use when evaluating a request for accommodation for religious reasons and whether the accommodation is reasonable or creates an undue hardship.  While this is one of several highly anticipated rulings from the high court this summer, it is not...
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New Jersey Company Must Provide Back Pay To Laid-off Employees After Failure To Engage In Effects Bargaining

Mathew Moldawer
Mathew Moldawer
06/28/2023
In general, when an employer subject to a collective bargaining agreement (CBA) closes a facility or shuts down a business, the employer should inform the union of its plans – failure to do so could cost the company.   The concept is referred to as “affects bargaining,” and is the subject of a recent National Labor Relations Board (NLRB) decision, Tec-Cast, Inc. (NLRB June 21, 2023).  Tec-Cast is a New Jersey corporation that produces wax...
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Keep Your Religion Off My Tacos: Taqueria Found To Have Retaliated When Workers Were Offered A Priest To Confess Their Workplace Sins

Kollman & Saucier
Kollman & Saucier
06/26/2023
A Sacramento California restaurant is on the hook for $140,000 in back wages and penalties owed to 35 employees after entering into a consent judgment in the U.S. District Court, Eastern District of California.  The consent judgment resolves a case brought by the Department of Labor, Wage and Hour Division, against Taqueria Garibaldi and its several owners and operators.   As a primer, the Department of Labor, Wage and Hour Division (“DOL”)...
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New York Passes Bill To Become Fifth State to Ban Non-Compete Agreements

Kollman & Saucier
Kollman & Saucier
06/23/2023
This week, the New York legislature passed NY State Senate Bill 3100A to modify New York’s Labor Law to effectively bar non-compete agreements.  The Bill’s effective date is 30 days after Governor Hochul’s signature, and will only apply prospectively to agreements signed, or effective, after the date the bill becomes law. The bill bars non-compete agreements in total, except in two circumstances: Non-disclosure agreements that protect trade...
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NLRB Clarifies (Again) NLRA Independent Contractor Test

Kollman & Saucier
Kollman & Saucier
06/16/2023
The National Labor Relations Board (NLRB) has revisited the standard under the National Labor Relations Act for determining whether a worker is an independent contractor.  The Atlanta Opera, Case 10-RC-276292 (NLRB June 13, 2023). First, a little background.  In its 2019 SuperShuttle DFW decision, the Board made it easier for companies to establish that their workers are independent contractors (rather than employees) by clarifying and emphasizing...
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