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

OSHA Signals The End Of The New Electronic Reporting Requirements

Kollman & Saucier

08/22/2018

The Occupational Safety and Health Administration (OSHA) has issued a Notice of Proposed Rulemaking (NPRM) to rescind the majority of its contentious electronic reporting requirements. You may recall, back in May 2016, OSHA issued a final rule requiring employers with 250 or more employees to submit electronically Forms 300 (Log of Work-Related Injuries and Illnesses), 300A (Summary of Work-Related Injuries and Illnesses) and 301 (Injury and...

Kollman & Saucier

08/15/2018

Firm News

Kollman & Saucier is pleased to announce that Best Lawyers, a highly respected legal industry peer review publication, has selected Darrell VanDeusen as its 2019 “Lawyer of the Year” in Labor Law within the Baltimore area. This prestigious honor is given annually to only one attorney in a designated metropolitan area for each practice specialty. This marks the fourth time (along with 2013, 2016, and 2017) that Darrell has been chosen as...

Kollman & Saucier

08/15/2018

Business Law, Retaliation, Sexual Harassment

Now more than ever, employers are aware of their obligation to take prompt remedial action in response to complaints of sex harassment. But what happens when the employer’s attempt to placate a complainant through voluntary transfer results in less favorable work conditions? Well, now the complainant has a cause of action for retaliation, explained the First Circuit in Carlson v. Univ. of New England, No. 17-1792 (1st Cir. 8/10/18). In this...

Kollman & Saucier

08/10/2018

Damages, Employment Discrimination, Sex Discrimination, Sexual Harassment, Supervisor Liability

Most of the time, the stories of workplace sexual harassment we hear about consist of conduct occurring between men and women. Yet Title VII’s ban on discrimination because of sex encompasses same-sex harassment in the workplace as well. Such was the lesson learned for a Chicago, Illinois grocery store that had justified the harassment of a male butcher as mere “meat counter culture” in Smith v. Rosebud Farm, Inc., Case No. 17-2626,...

Kollman & Saucier

08/08/2018

Agency Activity, Labor Law

As some readers may be aware, last year, the National Labor Relations Board (the Board) reversed several Obama-era precedent setting cases bearing standards generally considered favorable to employees. This included The Boeing Company, 365 NLRB No. 154 (2017) (overruling the Lutheran Heritage standard); PCC Structurals, Inc., 365 NLRB No. 160 (2017) (overruling the Specialty Healthcare standard); and Hy-Brand, 365 NLRB No. 156 (2017)...

Kollman & Saucier

08/06/2018

Wage & Hour

On July 26, 2018, California’s Supreme Court ruled in Troester v. Starbucks Corporation that the FLSA’s de minimus rule does not apply to California wage and hour claims. The FLSA’s de minimus rule is firmly established in federal wage and hour law, and generally provides that insubstantial or insignificant periods of time beyond typical working hours that cannot be precisely recorded may be disregarded. The Ninth Circuit, in which...

Kollman & Saucier

08/02/2018

Employment Discrimination, Race Discrimination, Religious Discrimination

Recently, a federal magistrate judge in Louisiana denied a motion to dismiss in a case in which the defendant is alleged to have refused to hire a football coach because of his “Jewish blood.” Bonadona v. Louisiana College (W.D. La. July 13, 2018). The case involves Joshua Bonadona, the son of a Jewish mother and a Catholic father. Though Bonadona was raised in the Jewish religion, he converted to Christianity while attending Louisiana College...

Kollman & Saucier

07/26/2018

Sexual Orientation

On May 10, 2018, a three-judge panel on the Eleventh Circuit (which covers Alabama, Florida, and Georgia) affirmed dismissal of an employment discrimination lawsuit under Title VII of the Civil Rights Act of 1964. Bostock v. Clayton Cnty. Bd. of Comm’rs, No. 17-13801 (11th Cir. May 10, 2018). The panel concluded that, under Eleventh Circuit precedent, Title VII does not prohibit discrimination based on an employee’s sexual orientation. Id....

Kollman & Saucier

07/24/2018

Employment Discrimination, Retaliation

The Fourth Circuit Court of Appeals has given new life to a plaintiff’s retaliation claim under Title VII of the Civil Rights Act of 1964. Strothers v. City of Laurel, 2018 U.S. App. LEXIS 18417 (4th Cir. July 6, 2018). The Court concluded that the plaintiff reasonably believed that she was harassed because of her race and her former employer knew that she was complaining about conduct that possibly violated Title VII. The City of Laurel hired...

Kollman & Saucier

07/19/2018

Labor Law

The Office of the General Counsel to the NLRB recently released new guidance on the types of employer handbook rules that are permissible in the wake of the Board’s December 2017 ruling in The Boeing Co, 365 NLRB No. 154 (12/17/17). In that case, the Board set a new standard for evaluating the lawfulness of workplace rules under Section 7 of the NLRA. The new standard weighs the importance of the employee’s exercise of their Section 7 rights...

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Email Updates

OSHA Signals The End Of The New Electronic Reporting Requirements

Best Lawyers Names Darrell VanDeusen 2019 Management Labor Lawyer of the Year

First Circuit Holds University's Response To Sex Harassment Is Retaliation

Not Just “Meat Counter Culture”: When Same-Sex Harassment Violates Title VII

NLRB Seeks Input on Non-Work Related Use of Company Email Systems

California Refuses To Adopt FLSA De Minimus Rule

Louisiana Judge Holds That Jewish Heritage Can Be Basis For Race Discrimination Claim

11th Circuit Judge Criticizes Colleagues’ Response To Sexual Orientation Under Title VII

An Employer’s Statements Can Elevate An Employee’s Complaint Into Protected Activity

NLRB Releases New Guidance on Handbook Rule Posting

Email Updates