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

Supreme Court Limits ACA's Contraception Mandate

Kollman & Saucier

07/02/2014

Affordable Care Act, Supreme Court Decisions

On Monday, June 30, 2014, the Supreme Court issued its highly-anticipated decision in Burwell v. Hobby Lobby Stores, Inc., U.S., No. 13-354, 6/30/14, ruling 5-4 that owners of closely held for-profit corporations with sincerely held religious beliefs can opt out of the Affordable Care Act mandate that requires them to provide employee health insurance coverage for contraception. Under the Affordable Care Act, employers with 50 or more employees must...

Frank Kollman

07/01/2014

Labor Law, Public Sector Employment Law

The Supreme Court has ruled that a mother receiving state financial assistance to care for her disabled child does not have to pay union dues. Can you believe that there were four justices who disagreed with that ruling, and the Secretary of Labor has already criticized the decision? Certainly there has to be more to the story. The issue the Court was asked to decide was the result of increased union power over governmental officials it helps to...

Kollman & Saucier

06/30/2014

Affordable Care Act

Under the Affordable Care Act, eligible small-business employers can now receive a tax credit for offering health coverage to their employees. Final rules and regulations regarding the tax credit were released, and become effective, today. Who is Eligible To qualify for the tax credit an employer must: Have no more than 25 full-time equivalent (FTE) employees Have maximum annual average wages of $ 50,000 Pay at least 50% of employee health...

Kollman & Saucier

06/27/2014

Agency Activity, Labor Law, Supreme Court Decisions

As part of its end of term productivity, on Thursday, June 26, 2014, the Supreme Court issued its much anticipated decision in NLRB v. Noel Canning, regarding President Obama’s authority to grant recess appointments to fill vacant Board positions and avoid the Senate confirmation process of those Board members. The Noel Canning decision specifically involved President Obama’s recess appointments of Sharon Block, Terence Flynn, and Richard...

Kollman & Saucier

06/24/2014

Agency Activity, FMLA

The Department of Labor announced on June 20, 2014, that it would be issuing a Notice of Proposed Rulemaking (NPRM) confirming that employees are eligible for leave to care for a same-sex spouse under the Family and Medical Leave Act (FMLA) regardless of their state of residence. Secretary Tom Perez announced that the proposed revisions would ensure that the FMLA applied to all families equally, permitting same sex marriage partners to fully...

Kollman & Saucier

06/20/2014

Whistleblowers

On June 16th, the Securities and Exchange Commission filed (and settled) its first Dodd-Frank whistleblower anti-retaliation claim. While employers should be aware of the new enforcement action taken by the SEC, the allegations show that even the most sophisticated employer can engage in very questionable behavior. According to the SEC Settlement Order, which can be found here, Paradigm Capital Management, Inc., a registered investment adviser,...

Kollman & Saucier

06/18/2014

Labor Law

One would think that cursing in front of customers would be sufficient grounds for termination - even at a progressive enterprise like Starbucks. However, if those outbursts come from a union supporter while performing union activity, you should think again. The National Labor Relations Board recently issued its decision in Starbucks Corporation d/b/a Starbucks Coffee Company and Local 660, Industrial Workers of the World, case number 02-CA-037548....

Kollman & Saucier

06/12/2014

Disability & Leave

The Texas Supreme Court overturned a $362,000 disability discrimination judgment awarded to a captain for the City of Houston fire department who was removed from firefighting duties because his fear of entering burning buildings made him a danger to himself and others. City of Houston v. Proler, No. 12-1006 (Tex. June 6, 2014). According to the court, no reasonable jury could have found that his fear of entering burning buildings constituted a...

Kollman & Saucier

06/10/2014

Age Discrimination, Retaliation

The United States District Court for the District of Maryland held that employees do not engage in protected activity by refusing to comment about the work of a co-worker and/or that a conversation transpired between a supervisor and employees. Kearns v. Northrop Grumman Systems Corp., No. ELH-11-1736 (D. Md., May 23, 2014). Michael Kearns alleged that his former employer, Northrup Grumman Systems Corporation, violated Title VII and the ADEA by...

Kollman & Saucier

06/06/2014

Disability & Leave

In a recent opinion, the Seventh Circuit reminded employers and employees that, under the Americans with Disabilities Act (ADA), qualified individuals with a disability are only entitled to a "reasonable" accommodation – they do not get to pick the accommodation. Bunn v. Khoury Enters., Inc., No. 13-2292 (7th Cir. May 28, 2014). Joshua Bunn was hired in September 2010 to work as an hourly employee at a franchised Dairy Queen store in Indiana....

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Email Updates

Supreme Court Limits ACA's Contraception Mandate

Supreme Court Limits Scope of Compulsory Membership Dues for Government Unions

New ACA Small Business Tax Credit Regulations Released

Supreme Court Issues Unanimous Decision, "Canning" Obama's Recess NLRB Appointments

DOL Takes Action So That FMLA Applies To Same-Sex Spouses Everywhere

SEC Settles Whistleblower Retaliation Charge

Here's Your [Expletive] Latte!

Firefighter’s Fear Of Burning Buildings Does Not Qualify As A Disability

Maryland Court Rejects Retaliation Claim Based on Frivolous EEOC Charge

Blind Dairy Queen Employee Given “Exclusive” Job Was Reasonably Accommodated

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