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

Nipple-Squeezing Manager Not Guilty of Harassment

Kollman & Saucier

12/09/2014

Donald Rickard worked in sales for tobacco company Swedish Match North America, Inc. (SMNA) for nearly 30 years. He retired in 2011 at 55 years old. Shortly thereafter, Rickard sued SMNA claiming, in part, that he was harassed by his supervisor, Perry Payne, because of his age and gender. Rickard v. Swedish Match N. Am., Inc., No. 13-3729 (8th Cir. Dec. 2, 2014). Rickard and Payne (age 54) did not see eye to eye. Rickard “objected to Payne’s...

Kollman & Saucier

12/09/2014

Sexual Harassment

As many of you know, the University of Virginia plays an important role in my life. I met my wife while in school there, got married at the UVa Chapel, hold two degrees from Mr. Jefferson's University, and have a daughter who is part of the Class of 2017. Needless to say, I have followed the Rolling Stone story on an alleged rape at a University of Virginia fraternity very closely. This sad debacle teaches some good lessons that every lawyer and...

Kollman & Saucier

12/04/2014

Disability & Leave, Employment Discrimination

Sometimes I wonder why a lawyer decides to take a case. Other times I wonder why a lawyer decides to appeal a case he never should have taken. And then there are times where I ask myself both those questions in the same case. This week, the United States Court of Appeals for the Ninth Circuit decided a disability discrimination claim that falls squarely within the latter category. Curley v. City of N. Las Vegas, No. 12-16228 (12/2/14). The case...

Kollman & Saucier

12/02/2014

Disability & Leave, Employment Discrimination

Most employers include written workplace harassment policies in handbooks and other employment documents. While many such policies state that the employer will comply with its obligations under federal and local law, some go farther. Such was the case at Costco, where an "Employee Agreement" signed by all employees stated that "harassment" has a broader meaning than "as defined by law." While such "extra-broad" policies may be a well intentioned...

Darrell VanDeusen

11/25/2014

Employment Discrimination

In what appears to be the first case of its kind, a judge in New York has let a class alienage discrimination claim proceed against Northwestern Mutual Life Insurance Company. The lawsuit challenges Northwestern Mutual’s alleged policy of hiring only U.S. citizens and lawful permanent residents (LPRs). Juarez v. Northwestern Mut. Life Ins. Co., 2014 U.S. Dist. LEXIS 160726 (S.D.N.Y. Nov. 14, 2014). According to the complaint, Ruben Juarez is a...

Kollman & Saucier

11/21/2014

Workplace Safety

Daisy Construction Company (“Daisy”) hired Jose Campos in 2008, but it did not verify his social security number despite the availability of e-Verify. One day while working on a traffic crew, Campos was thrown from the back of a truck and injured his shoulder and back. Campos could not work, and he started receiving total disability benefits. Daisy’s workers’ compensation carrier asked Daisy to investigate Campos’ social security...

Kollman & Saucier

11/19/2014

Employment Discrimination

Two very different recruitment strategies could lead to similar allegations of hiring discrimination. Many employers rely on word-of-mouth to find new applicants. But doing so exclusively could cause legal problems. For example, a Maryland based environmental remediation services contractor recently settled a class action alleging that the company engaged in a pattern or practice of race and sex discrimination in hiring and recruiting field...

Kollman & Saucier

11/14/2014

Employee Benefits, Supreme Court Decisions

On November 10, 2014, the Supreme Court heard oral arguments in M & G Polymers USA, LLC v. Tackett, a case that has the potential to reshape significantly the legal landscape of retiree health benefit provisions in collective bargaining agreements (CBA). At issue is the legal framework courts should apply when faced with CBA retiree health benefit cases. There is currently a wide split among several federal circuits on the issue. On the...

Kollman & Saucier

11/11/2014

Employment Discrimination

There is no substitute for effective communication. In Fong v. School Board of Palm Beach County, the U.S. Court of Appeals for the Eleventh Circuit again proved this lesson by upholding a school board’s decision to terminate one of its teachers in part because of her thick accent when speaking English. Ms. Jianxin Fong worked as a math teacher at Boynton Beach High School. Two years after her hiring, in 2008-09, the Palm Beach County School Board...

Kollman & Saucier

11/07/2014

Class Actions, State Law, Wage & Hour

On October 30, 2014, a Colorado federal court judge granted final approval of a $ 2.3 million settlement between the “Everything’s a Dollar” retail giant and a class of 488 current and former store managers who claimed they were misclassified as exempt employees and denied overtime pay in violation of state law. Under Colorado law, executive or supervisory employees are exempt from overtime pay if they supervise two or more full-time...

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Email Updates

Nipple-Squeezing Manager Not Guilty of Harassment

Thoughts on Rolling Stone, UVa, and Conducting a Proper Investigation

Breaking News: Threatening to Shoot Supervisor's Children is Grounds for Discharge

Costco's Harassment Policy May Create Contractual Rights

Applicant with DACA Status States Section 1981 Claim

Another Reason To Use E-Verify …

Hiring Practices Come Under Increased Scrutiny

Supreme Court Set to Clarify Issues Surrounding Vesting of Retiree Health Benefits

Math Teacher’s Accent-Based Claims of National Origin Discrimination Don’t Add Up

More Than A Dollar: $2.3 Million Settlement Between Family Dollar Stores And Nearly 500 Employees

Email Updates