Obesity and the ADA

Kollman & Saucier
Kollman & Saucier
01/02/2018
Ketryn Cornell is an obese woman who was fired from the Berkley Tennis Club (the “Club”) after working there for fifteen years.  In May 2012, when Rigoberto Headley became the Club’s general manager, Cornell was five feet, five inches tall and weighed over 350 pounds.  Headley told Cornell that he wanted to change the Club’s image, and that staff members would be required to wear uniforms.  Cornell mentioned to Headley that finding a...
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Fourth Circuit Clarifies Standard For Retaliation Claims Under False Claims Act

Kollman & Saucier
Kollman & Saucier
12/27/2017
William O’Hara sued his former employer, NIKA Technologies, Inc., under the whistleblower-protection provisions of the False Claims Act (the “FCA”), 31 U.S.C. 3730(h), and the American Recovery and Reinvestment Act (the “ARRA”), Pub. L. No. 11-5, 123 Stat. 297-99 (2009).  Essentially, O’Hara claimed that NIKA fired him for disclosing another company’s alleged fraud on the government.  The district court granted summary judgment in...
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Employers Receive Three Big Gifts From NLRB

Kollman & Saucier
Kollman & Saucier
12/22/2017
In the middle of this holiday season, the NLRB was in a gift-giving mood to employers, updating standards in several important areas of labor law.  In the 48 hours before the expiration of his term (and unconfirmed return to the North Pole), departing Chairman Philip Miscimarra issued three pivotal, 3-2 decisions that will substantially benefit employers going forward in three areas: (1) employee handbooks; (2) joint employment; and (3) bargaining...
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Maryland Federal Court Dismisses Three Lawsuits Against County Boards of Education

Kollman & Saucier
Kollman & Saucier
12/15/2017
In the traditional sense, the “three Rs” charmingly stand for “reading, writing and arithmetic.” But retaliation, res judicata, and exhaustion of administrative remedies are the three Rs at the center of last week’s dismissals of three lawsuits involving the Boards of Education for Prince George’s, Montgomery, and Charles Counties in Maryland. In Smith v. Board of Education of Prince George’s County, the plaintiff, a teacher, was...
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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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