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

Maryland Significantly Changes Pay Discrimination Law with Equal Pay for Equal Work Act of 2016

Kollman & Saucier

06/08/2016

Employment Discrimination, Joint Employer, Legislative Developments, Sex Discrimination, State Law

On May 19, Governor Hogan signed into law the Equal Pay for Equal Work Act of 2016. The law, which takes effect on October 1, 2016, amends the state’s existing wage discrimination law in several significant ways. Changes that Protect Employees There are several notable changes in the amendment that give broader protections to employees, including: Prohibiting pay discrimination because of gender identity. LGBT employees are now explicitly...

Kollman & Saucier

06/02/2016

Arbitration, Class Actions, Labor Law

In a surprising decision for atypically business-friendly appellate court, the United States Court of Appeals for the Seventh Circuit has sided with the National Labor Relations Board’s position that a mandatory agreement requiring employees to waive the right to bring a class or collective action in arbitration violates the National Labor Relations Act (NLRA). Lewis v. Epic Systems Corporation, No. 15-2997 (7th Cir. May 26, 2016). Epic...

Kollman & Saucier

06/01/2016

Agency Activity, Employment Discrimination

The United States Supreme Court unanimously ruled that the EEOC may be ordered to pay an employer’s attorney’s fees if it fails to satisfy the conciliation requirement of Title VII. In CRST Van Expedited, Inc. v. EEOC, No. 14-1375 (May 19, 2016), the Court held that a favorable ruling on the merits of a claim is not required for an employer to be considered a “prevailing party” that may seek legal fees. The opinion expands Mach Mining v....

Kollman & Saucier

05/27/2016

Wage & Hour

If an employer knows, or has reason to know, that an employee is working overtime, that overtime must be paid. In Craig v. Bridges Bros. Trucking LLC, No. 15-3396 (6th Cir. May 19, 2016), the Sixth Circuit concluded that a bookkeeper was able to pursue her Fair Labor Standards Act (FLSA) overtime pay claim because she presented sufficient evidence her employer should have known she was working more than 40 hours in a work week. The Sixth Circuit...

Kollman & Saucier

05/24/2016

Employment Discrimination, Legal Developments, Limitations, Supreme Court Decisions

Yesterday, the Supreme Court issued its decision in Green v. Brennan, U.S. No. 14-613 (May 23, 2016), holding that the statute of limitations for a former Postmaster's Title VII constructive discharge claim begins on the date he gave notice of his resignation, and not on the date of the employer's alleged last discriminatory act. Former Postmaster Marvin Green had 45-days, under the limitations period applicable to federal sector Title VII claims,...

Kollman & Saucier

05/19/2016

Trade Secrets & Restictive Covenants

This past week, President Obama signed into law the Defend Trade Secrets Act of 2016, which can be found here. The Act creates a federal cause of action for trade secret misappropriation, and complements the many state laws (typically based on the Uniform Trade Secrets Act) already in effect. The Act provides a claimant a number of strong tools. Perhaps most importantly, it allows for the ex parte seizure of the claimed trade secret upon affidavit...

Kollman & Saucier

05/18/2016

Agency Activity, Wage & Hour

Later today, over two scoops of butter pecan, Vice President Joe Biden and United States Department of Labor Secretary Tom Perez will appear at an ice cream parlor in Ohio to announce that the DOL has issued a Final Rule that will allow more workers to qualify for overtime pay under the Fair Labor Standards Act (FLSA). The long-awaited final rule doubles the salary threshold at which a worker may qualify as exempt from receiving overtime. ...

Kollman & Saucier

05/12/2016

Independent Contractors

Well, not really. But I just couldn’t resist the title. Uber did, however, suffer another blow against it in the intensifying efforts to classify its drivers as employees. This time, the venue was a federal court in California and the plaintiffs were two women who allege they were sexually assaulted by two of Uber’s drivers. In Jane Doe, et al. v. Uber Technologies, Inc., No. 3:15-cv-04670 (N.D. Calif.; decided May 4, 2016), the plaintiffs...

Kollman & Saucier

05/11/2016

Disability & Leave

EEOC disability discrimination charges have reached an all time high and, according to the Commission, it’s employers who are to blame. The charges, the EEOC says, show a "troubling trend" indicating employers may not understand the Commission’s positions on leave and the ADA. In response to these concerns, the EEOC released a new resource document titled: Employer Provided Leave and the Americans with Disabilities Act. While the document...

Kollman & Saucier

05/06/2016

Agency Activity, Employment Discrimination

Earlier this week, the Equal Employment Opportunity Commission issued a fact sheet titled “Bathroom Access Rights for Transgender Employees Under Title VII of the Civil Rights Act of 1964.” Yesterday, the Department of Justice sent a letter to North Carolina’s governor stating that his state’s H.B. 2 -- legislation which requires individuals to use public restrooms associated with their gender at birth -- violates Title VII of the Civil...

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Email Updates

Maryland Significantly Changes Pay Discrimination Law with Equal Pay for Equal Work Act of 2016

Seventh Circuit Sides with NLRB on Arbitration Agreements, Creates Circuit Split

Inadequate Conciliation? EEOC May Have to Foot the Bill, Says Supreme Court

Employer Cannot Avoid Overtime Obligations By Playing Ostrich

The Supreme Court Delivers Some Bad News To The Post Office

President Signs Federal Trade Secrets Act

DOL Issues Final Rule Doubling the Salary Threshold for Overtime Exemption

Uber Gets Taken for a Ride

EEOC Issues New Resource Document on Leave and the ADA

DOL and EEOC Weigh In On Title VII and Bathroom Restriction Laws

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