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

Federal Court Issues Nationwide Order Blocking New Overtime Rule

Kollman & Saucier

11/23/2016

Agency Activity, Legislative Developments, Wage & Hour

Employers received something to be thankful for late yesterday afternoon, when a federal judge in Texas issued a nationwide preliminary injunction against the Obama Administration’s overtime rules that were scheduled to take effect on December 1. With the Trump Administration set to take office on January 20, 2017, there is a significant chance the new rules will never take effect. A brief FLSA refresher: employers are ordinarily required to pay...

Darrell VanDeusen

11/23/2016

National Origin

On November 21, 2016 the Equal Employment Opportunity Commission (EEOC or Commission) issued new enforcement guidance on national origin discrimination. See https://www.eeoc.gov/laws/guidance/national-origin-guidance.cfm. The EEOC is updating a section of its Compliance Manual first drafted in 2002, largely in response to an increase in religious and national origin discrimination claims after the 9/11 attacks. The new Guidance comes at a time...

Kollman & Saucier

11/18/2016

Agency Activity, Labor Law, Union Activity

As we have previously reported, in March 2016, the United States Department of Labor modified its 54 year old “Persuader Rule,” which applies to communication with employees regarding union activity. The proposed revisions significantly restrict employer rights to be advised on how and what information can be disseminated to employees by providing burdensome reporting requirements on both the employer and the advisors -including...

Kollman & Saucier

11/15/2016

Employment Discrimination, Sexual Orientation

It was only a matter of time, which has now come to pass. In EEOC v. Scott Med. Health Ctr. (W.D. Pa. Nov. 4, 2016), trial judge Cathy Bissoon determined that the EEOC may pursue a claim that Scott Medical Health Center violated Title VII when it permitted a supervisor to harass a gay employee because of his sexual orientation to the point the employee felt compelled to resign. When the employer moved to dismiss the case, arguing that legal...

Kollman & Saucier

11/11/2016

Retaliation, Workplace Safety

In Koziara v. BNSF Railway Co., No. 16-1577 (7th Cir. Oct. 31, 2016), the Seventh Circuit Court of Appeals vacated a nearly half-a-million dollar jury award in favor a fired employee who alleged that he was terminated in retaliation for reporting a workplace injury. The decision reinforces the principal that an employee’s protected activity will not insulate him from employment decisions based on legitimate reasons. Michael Koziara worked for...

Kollman & Saucier

11/10/2016

Business Law

The unexpected election of Donald Trump to the Presidency on Tuesday raises many questions for employers and employment lawyers. At the federal level, Mr. Trump has indicated in one form or another that he intends to change the American workplace. What follows is by no means an all-inclusive list, it merely reflects some of the areas on which Mr. Trump has commented. Time will tell what he will accomplish with Congress or by executive order. ...

Kollman & Saucier

11/08/2016

Labor Law

In Palmetto Prince George Operating, LLC v. NLRB, No. 15-2143 (4th Cir. Nov. 1, 2016), the Fourth Circuit Court of Appeals ordered a South Carolina nursing home to bargain with its nurses’ union. Palmetto, a provider of 24-7 nursing home care, employs 23 nurses -- six RNs and 17 LPNs. Those nurses exercise authority over 40 certified nursing assistants (CNAs). All of the nurses assess patients, answer patient calls, administer medications, and...

Kollman & Saucier

11/03/2016

Disability & Leave, FMLA, Virginia Employment Law

On October 31st, the United States Court of Appeals for the Fourth Circuit affirmed a Virginia federal court's dismissal of an airline employee's FMLA retaliation claim. The case arose when United Airlines fired the employee for using intermittent FMLA leave to excuse his failure to work the one shift he was scheduled to work during a lengthy vacation. Sharif v. United Airlines, et. al., No. 15-1747 (4th Cir. 10/31/16). According to the court's...

Kollman & Saucier

10/28/2016

Agency Activity, Government Contractors

Readers of this blog are well aware of President Obama’s Fair Pay and Safe Workplaces Executive Order (Executive Order 13673), which would require certain federal contractors and subcontractors to disclose alleged “violations” of a number of federal labor laws. That Order was set to go into effect on October 25, 2016 for prime contractors on solicitations and contracts estimated at $50 million or more. The Order was to be phased in for...

Kollman & Saucier

10/26/2016

Agency Activity, Workplace Safety

On October 19, 2016, the Department of Labor released a guidance memorandum regarding employers’ policies on reporting workplace injuries and illnesses, and further outlined the prohibitions on retaliating for such reporting. In May 2016, OSHA published a final rule requiring employers to have in place reasonable procedures for reporting workplace injuries or illnesses and prohibiting employers from retaliating against employees who make such...

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Email Updates

Federal Court Issues Nationwide Order Blocking New Overtime Rule

New EEOC Guidance on National Origin Discrimination

Court Permanently Enjoins DOL Persuader Rule

Federal Court Finds Sexual Orientation Protected By Title VII

BNSF Railway Vindicated In Employee Termination Decision

What A Trump Presidency May Mean For The U.S. Workplace

Fourth Circuit Affirms NLRB Finding That Nurses Are Not Supervisors

Court Affirms Dismissal of Vacationing Employee's FMLA Claim

Federal Court Enjoins Enforcement of Fair Pay and Safe Workplaces Executive Order

DOL Releases Guidance For Reporting Workplace Injuries

Email Updates