Recreational Cannabis - What's An Employer To Do?

Kollman & Saucier
Kollman & Saucier
07/26/2023
On July 1, 2023, recreational cannabis (marijuana) became legal in Maryland for persons 21 years and older.  While employers have been navigating this territory with medical marijuana for some time now, here are some tips for employers who now have to contend with recreational use in the mix.   Under the new Maryland law (2022 MD H.B. 1), individuals 21 and older may use marijuana while off duty.  They may not report to work under the influence...
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DOL Releases Revised Mandatory FMLA and FLSA Posters

The DOL has revised its Family and Medical Leave Act (FMLA) and the Fair Labor Standards Act (FLSA) posters.  Employers will need to update these postings to remain in compliance with their obligations under these laws. FMLA Poster. Employers who are covered by the FMLA (i.e., private employers with 50 or more employees within a 75-mile radius, as well as public agencies regardless of employee count) are required to display the DOL poster that...
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More DOL Guidance On The PUMP Act

Kollman & Saucier
Kollman & Saucier
06/06/2023
In this third blog post on the PUMP Act (my earlier posts can be read here), I share the key takeaways from the Department of Labor's (DOL) recently released Field Assistance Bulletin that provides additional clarification on how this new law is to be applied. As a reminder, the PUMP Act (the Act) expands lactation protections for nursing mothers under the Fair Labor Standards Act, in that employers are required to provide nursing mothers with a...
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“Back to the Salt Mine” Not Anti-Union Threat, Says Third Circuit

Kollman & Saucier
Kollman & Saucier
05/27/2022
On May 20, 2022, the U.S. Court of Appeals for the Third Circuit issued its decision in FDRLST Media, LLC, v. NLRB, 2022 U.S. App. LEXIS 13664 (3d Cir. May 20, 2022), holding that a non-related party could pursue an unfair labor practice (ULP) claim against the right-leaning online magazine The Federalist. The court also held, however, that no ULP was committed by the editor’s tweet about sending employees back to the “salt mine.”  In...
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Eric Paltell Presents on Collective Bargaining at Virginia Association of Counties Meeting

On May 1, 2021, Virginia's new law permitting local governments to enact collective bargaining legislation for employees took effect. On November 15, 2021,  K&S Partner Eric Paltell joined Virginia Senator Jennifer Boysko, Loudoun County Administrator Tim Hemstreet, and attorney Cynthia Hudson on a panel discussing the new law at the Virginia Association of Counties Annual Meeting in Norfolk.  Eric's presentation focused on steps...
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Reasonable Accommodation and the ADA’s Interactive Process

Kollman & Saucier
Kollman & Saucier
06/30/2021
A major component of the Americans with Disabilities Act (ADA) is the interactive process.  The law requires employers and employees to actively engage in this dialogue when exploring reasonable accommodations.  But there is no requirement that an employer agree to an employee’s preferred accommodation if there is another accommodation that is less expensive or easier to provide that will have the same effect.   As long as an...
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A Reminder of the Importance of the ADA’s Interactive Process

Kollman & Saucier
Kollman & Saucier
06/17/2021
The Americans with Disabilities Act (ADA) is clear:  it is crucial for employers to timely and thoroughly explore avenues of reasonable accommodation (that do not create an undue hardship) for employees with disabilities.  This is not a one and done thing; an employer needs to be fully engaged in the interactive process and keep a good record of what it has done to meet its obligations.  The failure to do so may result in an employee getting...
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Maryland District Court Permits Claim Alleging Supervisor Harassment

Kollman & Saucier
Kollman & Saucier
11/10/2020
Last Friday, the U.S. District Court for the District of Maryland reminded us all about the importance of preventing workplace harassment and especially harassment by supervisors and managers.  In Rosinbum v. Azar, No. TDC-19-3119 (Nov. 6, 2020), the Court found that a former FDA research fellow sufficiently alleged claims of discrimination, retaliation, and hostile work environment under Title VII. The bulk of the Court’s opinion recites...
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California Voters Declare Gig Economy Drivers Are Independent Contractors

Kollman & Saucier
Kollman & Saucier
11/04/2020
In a reversal of fortune for gig economy workers in California, voters in that state said ‘yes’ to Proposition 22,  which classifies app-based transportation and delivery drivers as independent contractors.  Proposition 22 was put on the ballot in response to a California law, AB5, which required gig companies like Uber and Lyft to treat drivers as employees and provide them protections like unemployment insurance, healthcare, breaks,  and...
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Lack Of Discriminatory Motive Dooms Employee’s Sex Discrimination Suit

Kollman & Saucier
Kollman & Saucier
11/04/2020
In Williams v. Housing Authority of Savannah, the 11th Circuit held that an employee failed to show that a Georgia Housing Agency acted discriminatorily when the employee failed to rebut the employer’s basis for her termination –  she violated HAS rules by failing to maintain possession of her master keys and did not report that she never got them back. Monica Williams was an Assistant Asset Manager for the Housing Authority of Savannah...
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