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

“Hispanic” is a Race under Title VII says the Second Circuit

Darrell VanDeusen

02/25/2016

The issue of what constitutes “race” under anti-discrimination laws is more complicated that one might think. In a recent decision, the Second Circuit held that “Hispanic” ethnicity constitutes a “race” under Title VII and Section 1981. Vill. of Freeport v. Barrella, 2016 U.S. App. LEXIS 2629 (2d Cir. February 16, 2016). The facts of the case are not all that important, but worth a review nevertheless. Christopher Barrella (who is white)...

Darrell VanDeusen

02/25/2016

Agency Activity

On February 24, 2016, the EEOC published a Notice of Proposed Rulemaking (NPRM) in the Federal Register describing specific actions that federal agencies must take to comply with their obligation to engage in affirmative action in employment for individuals with disabilities. The public now has 60 days (until April 25) to submit comments. EEOC has also published a question-and-answer document on the NPRM and a document providing background...

Kollman & Saucier

02/19/2016

Labor Law, State Law

"Right to Work" laws prohibit an employer from requiring workers to pay union dues as a condition of employment. While many view these laws as something which allows employees to freely choose whether they wish to be a dues-paying union member, organized labor considers them to be an anathema. In a right to work state, employees can be "free riders," meaning they can be covered by a collective bargaining agreement, but not required to pay for the...

Kollman & Saucier

02/15/2016

Labor Law, Public Sector Employment Law, Supreme Court Decisions

In addition to being the final arbiter of cases raising questions of federal law, the United States Supreme Court is sometimes asked to stay the scheduled execution of death row inmates. With the unexpected passing of Justice Antonin Scalia on February 13th, the Court may have granted a stay of of execution to labor unions representing government employees. On January 11, 2016, the Supreme Court heard oral arguments in Friedrichs v. California...

Kollman & Saucier

02/12/2016

Affordable Care Act

The Affordable Acre Act (ACA) generally requires large employers to provide ACA-compliant health insurance to full-time employees and their dependents or pay financial penalties. For purposes of the ACA, a full-time employee is someone who works 30 or more hours a week. A class action lawsuit filed against Dave & Buster’s, Inc. (D&B) demonstrates the potential trouble for employers who reduce employee hours to avoid the ACA’s...

Kollman & Saucier

02/11/2016

Sexual Harassment

A federal appellate court recently upheld a $300,000 jury verdict in favor of an employee who claimed he was the victim of same sex sexual harassment. Smith v. Rock-Tenn Servs., Inc., 6th Cir., No. 15-5534 (2/10/16). The plaintiff worked as a support technician for a corrugated box company. Plaintiff claimed that on two occasions, his co-worker, Jim Leonard, approached Plaintiff from behind and either slapped or grabbed Plaintiff’s butt....

Kollman & Saucier

02/04/2016

Disability & Leave

An airline employee who was terminated after being observed sleeping in a company breakroom during his shift may not bring a disability discrimination claim. Rejecting the employee’s argument that his nap was actually a “dissociative state” stemming from an undisclosed anxiety disorder, the court refused to let his claims get off the ground. Paolino v. U.S. Airways, Inc., No. cv-14-01672-PHX-NVW (D. Ariz. Jan. 26, 2016). Jonathan Paolino was...

Kollman & Saucier

01/31/2016

Employment Discrimination, Pregnancy Discrimination, Wage & Hour

This past week, the United States Court of Appeals for the Fifth Circuit held that a pregnant employee who worked unauthorized overtime and was terminated two months after announcing her pregnancy could not prevail on claims brought under federal employment laws. Fairchild v. All American Check Cashing, Inc., No. 15-60190 (1/27/16). Because the plaintiff could not show that her employer had knowledge of the overtime work, or that her employer’s...

Kollman & Saucier

01/22/2016

Agency Activity, Employer Liability, Joint Employer, Wage & Hour

Earlier this week, the Wage and Hour Division (WHD) of the Department of Labor issued an Administrator's Interpretation No. 2016-01 (AI) on joint employment under the Fair Labor Standards Act (FLSA) and the Migrant Seasonal Agricultural Worker Protection Act (MSPA). The guidance reconfirms existing WHD policy, which identifies common scenarios in which two or more employers jointly employ an employee and are thus jointly liable for compliance....

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Email Updates

“Hispanic” is a Race under Title VII says the Second Circuit

EEOC Proposes Quotas for Disabled Affirmative Action under the Rehab Act

West Virginia Becomes the 26th Right to Work State

Public Sector Unions Will Live to Fight Another Day

ACA Class Action Survives Motion to Dismiss

Employer Response to Same Sex Harassment Complaint Considered Inadequate

Court Dismisses Sleeping Employee's Disability Discrimination Claim

Check Casher Fails to Cash in on Overtime and Discrimination Claims

More On Joint Employer Status From The Department Of Labor

Email Updates