Sexual Harassment Claim May Create Path To Visa For Undocumented Worker

Clifford Geiger
Clifford Geiger
07/05/2018
The U non-immigrant visa is for victims of crimes who have suffered substantial mental or physical abuse and are willing to assist law enforcement and government officials in the investigation or prosecution of the criminal activity.  Congress created the U non-immigrant visa with the passage of the Victims of Trafficking and Violence Protection Act (including the Battered Immigrant Women’s Protection Act) in October 2000.  The legislation was...
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Compensation Agreement Did Not Modify At-Will Status, Eighth Circuit Holds

Kollman & Saucier
Kollman & Saucier
06/29/2018
As any regular reader of this blog knows, at-will employment – under which an employee may be terminated for almost any reason, or no reason at all – is the “default” relationship in most jobs.  There is also no requirement in most industries that parties utilize an employment contract. Parties who choose to form an employment contract, however, may (but are not required to) modify this at-will employment in a variety of ways.  Most...
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Supreme Court Rules That Public Sector Agency Fees Are Unconstitutional

On the last opinion day of the 2017-2018 term, the Supreme Court issued a long-expected decision prohibiting public sector collective bargaining agreements from requiring employees who are not members of the union to pay agency fees. In a 5-4 decision written by Justice Alito, the Court overturned 41 year old precedent and ruled that requiring non-members to pay a fee to the union representing them violates the free speech rights of employees who...
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DOL Expands Association Health Plans While Trump Proposes Agency Restructure

Kollman & Saucier
Kollman & Saucier
06/22/2018
This week, the U.S. Department of Labor (DOL) made headlines with a final rule affecting small businesses and other entities and a merger proposed by the Trump Administration that could change the structure of the agency as we know it. Expanding Access to Association Health Plans On June 19, the DOL issued a final rule enabling small businesses, including self-employed individuals, to join in forming Association Health Plans (AHPs) for purposes of...
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Employer Commits Unfair Labor Practice By Insisting on English-Only Proposal

Kollman & Saucier
Kollman & Saucier
06/20/2018
When an employer has a duty to engage in collective bargaining, its refusal to do so is an unfair labor practice under the National Labor Relations Act (the Act).  Refusals to engage in collective bargaining can take many forms.  Earlier this week, the National Labor Relations Board (the Board) found that a UPS facility in Puerto Rico unlawfully refused to bargain  by continuing to insist that a union proposal be translated from...
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Illinois Federal Court Permits Biometric Privacy Case To Proceed

Kollman & Saucier
Kollman & Saucier
06/18/2018
Employers of all sizes attempt to balance the need for accountability in timekeeping and having employees accurately report their hours worked with respect for employees’ privacy.  To accomplish these goals in the era of modern technology, in addition to unique computer login information for individual workstations and employer-issued computers, some employers use other state-of-the-art technology such as fingerprint scanning systems. A recent...
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Virginia Federal Court Enforces Non-Compete Agreement

Kollman & Saucier
Kollman & Saucier
06/14/2018
As a general rule, Virginia courts are reluctant to enforce non-compete agreements because they are disfavored restraints on trade. However, when the agreements are narrowly tailored, restrictive covenants will be enforced. A recent decision from the United States District Court for the Eastern District of Virginia provides good guidance as to what type of agreement will be upheld. Update, Inc. v. Lawrence Samilow, Case No. 1;18-cv-00462-TSE-JFA ...
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New Minimum Wage Rates Effective July 1 For Maryland And D.C.

Kollman & Saucier
Kollman & Saucier
06/13/2018
On July 1, 2018, new minimum wage rates went into effect for both Maryland and the District of Columbia.  All employees who do not qualify for an exemption must be paid in accordance with the new rates.  The changes provide a good opportunity for employers to audit pay practices to ensure compliance with wage and hour laws.  Defense of a pay claim comes at a substantial cost and a simple review now can serve to mitigate or even eliminate complex...
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Pharmacy Not Liable for Employee’s Defamatory Statements Made In The Workplace

Kollman & Saucier
Kollman & Saucier
06/12/2018
Under the theory of vicarious liability, employers can be held responsible for an employee’s wrongful conduct provided he is acting within the scope of his employment.   But as the Fourth Circuit Court of Appeals reminded us this week, not all workplace conduct which gives rise to a lawsuit against an employee, gives rise to one against his employer as well.  Garnett v. Remedi Seniorcare of Virginia, LLC, No. 17-1890 (6/11/18). In this case,...
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Uber Driver Must Ride Solo: Class Action Waiver Enforced Post Epic Systems

Kollman & Saucier
Kollman & Saucier
06/08/2018
On May 21, the Supreme Court issued its decision in Epic Systems Corp. v. Lewis, which we previously discussed at length.  That case, which upheld class action waivers in favor of individual arbitration, forces Gustavo Camilo to individually arbitrate his claim that Uber illegally charged him and other drivers a workers' compensation fee. Just a little more than one week after the Epic Systems decision, the trial judge in Camilo v. Uber Techs....
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