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

Ninth Circuit Upholds Large Attorneys Fee Award

Kollman & Saucier

12/23/2013

One of the reasons lawyers have a bad reputation with lay people is because of the fees they charge, especially in highly contested litigation matters. Plaintiffs sometimes feel that they should not have to pay lawyers to prosecute their (arguably) clear cut claims, while defendants sometimes feel that they should not have to pay lawyers to defend against (arguably) frivolous claims. Regardless of whether you represent plaintiffs or defendants,...

Kollman & Saucier

12/23/2013

Disability & Leave

The Sixth Circuit Court of Appeals recently held that an excavator operator with a prosthetic leg may be entitled to reinstatement under the Americans with Disabilities Act (ADA) if he can perform the essential functions of his position safely. Henschel v. Clare Cnty. Rd. Comm’n, No. 13-1528 (6th Cir. December 13, 2013). Wayne Henschel began working as an excavator operator for the Clare County Road Commission (CCRC) in 2007. In August 2009,...

Kollman & Saucier

12/20/2013

Employee Benefits, Supreme Court Decisions

When litigants brings claims for benefits allegedly due them under ERISA, a participant usually must exhaust administrative remedies before filing suit to enforce his or her rights under the plan. While this requirement is codified by federal statute, cf. 29 USC § 1132(a)(1)(B), the time a plan participant has to file a claim in court is not set by statute. The Supreme Court recently addressed whether an ERISA plan may provide in the plan...

Kollman & Saucier

12/17/2013

Arbitration, Wage & Hour

The Federal District Court in Maryland recently issued a ruling that should give Maryland employers some concern. In Jeffrey B. Mould v. NJG Food Service Inc., et al., the Court examined the effect of an arbitration agreement on an employee’s federal and state wage claims. Most practitioners know that arbitration is generally favored by the courts and is hotly contested by plaintiffs, who prefer to try their claims before a jury. This case...

Kollman & Saucier

12/14/2013

Disability & Leave

This week a federal court in Michigan reinforced the ADA's requirement that employers conduct an “individualized inquiry” to determine whether an applicant or employee with a disability can perform the essential functions of a job. LaFata v. Dearborn Heights Sch. Dist. No.7, E.D. Mich., No. 2:13-cv-10755, 12/11/13 Adam LaFata applied for the position of Plant Engineer with Dearborn Heights School District No. 7. He had worked as a building...

Kollman & Saucier

12/13/2013

Pregnancy Discrimination

A federal judge recently denied Weight Watchers’ attempt to dismiss a Pregnancy Discrimination Act lawsuit filed against it by the EEOC. EEOC v. The WW Group, Inc., d/b/a Weight Watchers, Case 2:12-cv-11124 PDB-MAR (E.D. Mich. Dec. 2, 2013). The suit claims that the company did not permit Wendy Lamond-Broughton (“Broughton”) to apply for a job because she was pregnant. The company defended on the grounds that Broughton was not...

Kollman & Saucier

12/04/2013

Agency Activity, Arbitration, Labor Law

Employers scored a big victory yesterday when the United States Court of Appeals for the Fifth Circuit reversed the National Labor Relations Board's D.R Horton ruling, which invalidated an employer's arbitration agreement containing a waiver of an employee's right to file class-action claims. D.R. Horton v. NLRB, 5th Cir No. 12-60031 (12/3/13). The decision will make it easier for employers to enforce class-action waivers, including waivers of...

Darrell VanDeusen

12/02/2013

Affordable Care Act, Supreme Court Decisions

There has been a lot of discussion on the Affordable Care Act (ACA) over the past few months. Congress has been twisting about it; the Obama administration has been pilloried over it. But one branch of government was missing in the recent theatrics. Not anymore. On November 26, the Supreme Court threw its hat in the ring too, agreeing to consider the validity of the women’s preventive services mandate in two companion cases, Sebelius v. Hobby...

Kollman & Saucier

11/26/2013

Retaliation, Sexual Harassment

Accusations of coworkers repeatedly “sniffing and hovering.” An employee terminated allegedly because she slammed a door and “swatted a fly harder than necessary.” Sounds like a great place to work, doesn’t it? This is the alleged work environment in a recent lawsuit decided by the United States Court of Appeals for the Fifth Circuit. Royal v. CCC&R Tres Arboles, LLC, No. 12-11022 (5th Cir. Nov. 21, 2013). Tonia Royal worked as...

< 1 … 101 102 103 104 105 106 107 108 109 110 111 … 128 >

Email Updates

Ninth Circuit Upholds Large Attorneys Fee Award

Excavator Operator With Prosthetic Leg May Be Entitled To Reinstatement Under ADA

Supreme Court Upholds ERISA Contractual Statute Of Limitations Period

Maryland Federal Court Denies Arbitration for Wage Claims

Michigan Court Reffirms That ADA Requires Individualized Inquiry

Weight Watchers Thrown for a Loss in EEOC Lawsuit

Appellate Court Reverses NLRB and Upholds Legality of Class Action Waivers

Supreme Court to Decide ACA Contraceptive Mandate Issue

Employee Who Was Repeatedly Sniffed by Co-Workers and Fired For Swatting a Fly May Bring Retaliation Claim

Email Updates