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

Out of Sight, Out of Mind… Bye Bye?

Darrell VanDeusen

02/21/2024

Disparate Impact, Employment Discrimination, Uncategorized

I struggled a bit with an appropriate song reference for this blog. I’m going with “So Far Away,” written by Carole King and track 2 on Tapestry (1971). In the post-pandemic world there’s been a seismic shift in the world of where you work. Remote, hybrid, full-time in office… it’s all over the map (pun intended). As employers try to navigate this new work world order, it’s important to consider what can and cannot be...

Darrell VanDeusen

02/19/2024

Damages, Employment Discrimination

That’s a line from the Eagles’ “Get over it” (track 1 on the 1994 album Hell Freezes Over). If you watch any TV courtroom drama – you would think that lawyers take a case and wind up having the jury verdict in less than one hour (with time outs for ads). And justice always prevails. Of course, reality is far from that imaginary world. In the real world everyone is entitled to their decade in court. In the employment discrimination...

Mathew Moldawer

02/16/2024

NLRB, OSHA, Protected Concerted Activity

The Occupational Safety and Health Administration (OSHA) is poised to implement a rule allowing union representatives to accompany OSHA Certified Safety and Health Officials (CSHOs) during workplace inspections. The notice of proposed rulemaking was included in the August 30, 2023 issue of the Federal Register. Comments were due on October 30, 2023. The proposed regulation now sits with the White House in what appears to be the last step before...

Mathew Moldawer

02/13/2024

Retaliation, Whistleblowers, Wrongful Discharge

On February 8, 2024, the United States Supreme Court issued its decision in Murray v. UBS, 22-660, _S.Ct._(2024), a case involving the Sarbanes-Oxley Act of 2002. Sarbanes-Oxley was passed as a result of the Enron scandal, where the company used illicit accounting practices to inflate their revenue to appear more profitable. Enron employees who raised concerns about Enron’s corrupt practices faced unfavorable treatment and even termination...

Vincent Jackson

02/10/2024

Employment Discrimination, Reasonable Accommodations/Undue Burden, Religious Discrimination

A recent decision from the Second Circuit Court of Appeals overturned a trial court’s dismissal of a religious discrimination claim brought by a female prison employee who was forced to remove a hijab. The Plaintiff was a corrections officer who was a practicing Muslim, and who requested to wear a hijab at work. This was in accordance with Plaintiff’s religious obligation to wear a hijab in the presence of men outside of her family. The...

Vincent Jackson

02/09/2024

Employment Discrimination, Sex Discrimination

Earlier this week, the former Mandalorian actress and MMA fighter Gina Carano filed suit in federal court against Disney, alleging that she was wrongfully terminated and the victim of gender discrimination due to her political posts on social media. The Complaint begins: “A short time ago in a galaxy not so far away, Defendants made it clear that only one orthodoxy in thought, speech, or action was acceptable in their empire, and that those who...

Kollman & Saucier

02/02/2024

Labor Law, NLRB

It can be tempting to freely air thoughts and grievances on your cozy corner of the Internet, but lest we forget “the Internet is forever.” That’s true if you are an ordinary person or the richest person in the world. Last week the full Fifth Circuit reheard Tesla, Inc.’s appeal from the NLRB decision made in 2021. The Fifth Circuit’s decision in this matter has broad implications for the First Amendment rights of employers. The issue...

Kollman & Saucier

02/01/2024

Agency Activity, Independent Contractors, Wage & Hour

On January 10, 2024, the Department of Labor (DOL) announced its final rule and guidance on how the DOL will analyze if a worker is an employee or independent contractor under the Fair Labor Standards Act (FLSA). The final rule, which becomes effective on March 11, 2024, will be published in Title 29, Chapter V of the Code of Federal Regulations parts 780, 788, and 795. This 2024 rule rescinds prior guidance from the DOL issued in 2021 and...

Mathew Moldawer

01/25/2024

ADA, Age Discrimination, Employment Discrimination, Hiring Process

Workday recently survived a complaint by a job applicant who claimed Workday’s algorithm screening tools “discriminated against him and other similarly situated job applicants on the basis of race, age, and disability.” Initially, Plaintiff Derek Mobley filed a charge of discrimination with the Equal Employment Opportunity Commission. Thereafter, the EEOC issued a dismissal and right to sue letter, permitting Mobley to file suit in federal...

Kollman & Saucier

01/23/2024

Employment Discrimination, Labor Law, NLRB

Charlie Baker’s tenure as NCAA President, being the first person to hold the office without first serving as an athletic director or college president, was always certain to bring a big shakeup to the college sports landscape. But change may be closer than many expected. The NCAA’s Division I (DI) Board of Directors assigned a recent revolutionary proposal, written by Baker, to the DI Council for evaluation. Although a small step in the NCAA’s...

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Email Updates

Out of Sight, Out of Mind… Bye Bye?

“You might feel better if they gave you some cash…”

Union Representatives and OSHA Inspections

Supreme Court Issues Decision On “Retaliatory Intent” Requirement Under Sarbanes-Oxley

Second Circuit Revives Religious Discrimination Claim Of Prison Employee Forced To Remove Hijab

Mandalorian Actress Files Suit Against Disney For Wrongful Termination

“Retweet”: Fifth Circuit Takes Up Free Speech Under NLRA

DOL Issues Final Rule on Independent Contractor Classification under the FLSA

Algorithm Based Discrimination Lawsuit Against Workday Is Dismissed…For Now

Big Changes on the Horizon for College Sports?

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