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

DOL Overtime Rules: More Useless but Important Information

Darrell VanDeusen

08/30/2017

You may recall that I blogged on the stalled DOL overtime rules a month or so ago, with the Trump DOL repeatedly asking for extensions to file a brief in the Fifth Circuit. In that brief, administration lawyers told the Fifth Circuit that the DOL intends to revise the overtime rule and asked the court to affirm the DOL’s right to use salary levels to determine eligibility for overtime pay. DOL lawyers stated that the Department will not...

Darrell VanDeusen

08/28/2017

Agency Activity, Disability & Leave, Employee Benefits, Employment Discrimination

Healthcare in the U.S. is a hard issue. And it’s expensive too. Ok, you know that. Years ago, some employers concluded that one way to reduce healthcare costs was to figure out who might get really sick and then either not hire them, or fire them. Really a bad idea, and one that led to passage of the Genetic Information Non-Discrimination Act (GINA) and similar state laws. So, many employers looked to more “benign” ways to encourage...

Kollman & Saucier

08/22/2017

Employment Discrimination, Labor Law

Many of you have read or heard about the recent “Google memo” dispute. An employee of the search engine company named James Damore circulated an internal ten-page memo to Google’s other employees that has since gone viral and created a great deal of public discussion, especially after Google fired him based on the views he expressed. Regardless of what you may think of the views espoused by Mr. Damore in the memo, his conduct, and...

Kollman & Saucier

08/16/2017

Wage & Hour

Discussions about the roles and duties of both police officers and electronic devices have consumed much of our collective attention these days. Thus, it seemed particularly resonant to explore the interaction between the two, as the Seventh Circuit did recently in Allen v. City of Chicago. No. 16-1029 (7th Cir. Aug. 3, 2017). Specifically, what overtime obligations does an employer have when it instructs its workforce not to use their...

Kollman & Saucier

08/11/2017

Employment Discrimination, Gender Identity, Sex Discrimination, Sexual Orientation

Much like Star Wars fans anticipate the rolling out of Episode after Episode, I have observed the developing landscape of Title VII sex discrimination with the sort of excitement that ordinarily warrants a big tub of popcorn. The most recent activity is no exception. Two weeks ago, we reported on the Department of Justice’s statement that sexual orientation is not – nor should be – a protected category under Title VII. Last week, the...

Kollman & Saucier

08/09/2017

Disability & Leave, Employment Discrimination, Reasonable Accommodations/Undue Burden

Reminding us of the importance of lawful employment policies (and sticking to them!), the U.S. District Court for the Middle District of Tennessee recently decided that an African-American former employee may proceed with his Title VII retaliation and ADA failure to accommodate claims against the City of Lewisburg, Tennessee. La’Monn Harris v. The City of Lewisburg, Tennessee et al, No. 1:15-cv-00114, 2017 BL 265703 (M.D. Tenn. July 31,...

Kollman & Saucier

08/04/2017

Virginia Employment Law, Whistleblowers, Workplace Safety

On July 14, 2017, a Norfolk federal judge denied a motion to dismiss a former Red Cross employee's claim that her employer fired her for reporting what she believed were health and safety violations committed by her supervisor. Easterbrooks v. American Red Cross, No. 2:17cv98 (E.D. Va. 2017). Judge Raymond Jackson ruled that plaintiff Julie Easterbrook's claims were sufficient to state a cause of action under Virginia Code Section 40.1-51.2.1,...

Kollman & Saucier

07/28/2017

Employment Discrimination, Sexual Orientation

In an amicus brief filed July 26, 2017, with the Second Circuit Court of Appeals, the Department of Justice declared that an employee's sexual orientation is not and should not be a protected status under Title VII of the Civil Rights Act of 1964. Stated simply: sex discrimination does not extend to sexual orientation discrimination because the "essential element of sex discrimination under Title VII is that employees of one sex must be treated...

Kollman & Saucier

07/25/2017

Agency Activity, Workplace Safety

On August 1, the Occupational Safety and Health Administration's (OSHA) electronic portal, the Injury Tracking Application (ITA), will go live for employers to file their reports of workplace illnesses and injuries. OSHA's electronic record-keeping rule, which applies to companies with 250 employees or more, requires employers to submit electronically the OSHA Form 300 (Log of Work-Related Injuries and Illnesses); OSHA Form 300A (Summary of...

Kollman & Saucier

07/20/2017

Agency Activity

The U.S. Citizenship and Immigration Services has issued a new I-9 Form effective September 18, 2017. The I-9 Form is used to document all new hires, and must be maintained by the employer until the later of (a) one year after the employee separated from the company or (b) three years after the employee began work. The revisions add non-substantive changes to the instructions, and revise the list of acceptable documents. While these changes are...

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Email Updates

DOL Overtime Rules: More Useless but Important Information

EEOC’s Wellness Program Rules Run into a Roadblock

Google and the "Sevens"

Police Officers Not Entitled To Payment For Alleged Off-Duty Blackberry Use

The Saga Continues for Title VII and Transgender Identity

Spider Bite Opens Up Major Wound for City

Red Cross Stuck With Phlebotomist's Retaliatory Discharge Claim

DOJ Goes Rogue On Whether Title VII Prohibits Sexual Orientation Discrimination

OSHA Launches E-Filing for Mandatory Injury and Illness Reports

New I-9 Takes Effect September 18th

Email Updates