Supreme Court Upholds Individual Arbitration Clauses In Employment Contracts

Mandatory arbitration clauses in employment contracts are increasingly a fact of workplace life.  What happens, though, when an employee signs an employment agreement requiring that any job-related disputes be submitted to individual arbitration, rather than class- or collective-action lawsuits?  Do longstanding federal labor laws protecting workers’ right to engage in “concerted activities for the purpose of . . . mutual aid or protection”...
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NLRB Judge Strikes Down Moonlighting Rule

Kollman & Saucier
Kollman & Saucier
05/18/2018
A National Labor Relations Board Administrative Law Judge has invalidated an employer's work rule prohibiting employees from working another job without the company's approval. Nicholson Terminal & Dock Co., Case No. 07-CA-187907 (May 16, 2018).  Judge Elizabeth Tafe held that the  rule could be interpreted to prohibit employees from working for a union outside of working time and, therefore, unlawfully interfered with employee Section 7...
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Federal Court Dismisses Discrimination Claim for Failure to Show Disparate Treatment

Kollman & Saucier
Kollman & Saucier
05/16/2018
A Lousiana federa court dismissed a sex discrimination claim brought by a former UPS manager because he failed to show that the company treated similarly situated female employees  better than him.  Williams v . UPS, No. 16-450-SDD-RLB (M.D.La. 5/11/18).  The decision reinforces the importance of proving that a discrimination plaintiff was treated  differently than persons outside their protected group to get a case to trial. In Williams, UPS...
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D.C. Circuit Rejects Union’s In-Person, Voter ID Resignation Requirement

Darrell VanDeusen
Darrell VanDeusen
05/10/2018
Imagine this:  the only way you can vote is if you show up in person and bring your ID with you.  Otherwise voicing your will cannot and will not be accepted. In defense of such a rule, proponents say that the requirements are “merely procedural steps necessary to prevent fraud.”  Those who oppose it say the requirements significantly burden the exercise of the protected rights of those who live some distance from the voting place or who lack...
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Lawsuit over Adjunct’s use of Tenured Faculty’s Syllabus Fails Test

Darrell VanDeusen
Darrell VanDeusen
05/09/2018
I have represented Colleges and Universities for 33 years and I love the work.  I was an adjunct at the University of Baltimore Law School for 30 years and I loved that too.  The unique things that happen in the world of higher education never cease to amaze me.  So, through that lens, let’s take a look at a recent decision from the Third Circuit, which provides a variety of teachable moments regarding interaction among faculty, a university’s...
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A Good Walk Spoiled: Golf Outing Sinks FMLA Claim

Darrell VanDeusen
Darrell VanDeusen
05/07/2018
Honest belief” cases can be difficult for an employer to win on summary judgment.  The concept is that, even if the employer was wrong, it honestly believed that an employee should have been fired, so there was no intent to discriminate.  FMLA honest belief cases are among the most interesting. On one hand, there are lots of things an employee on FMLA leave may still be able to do while complying with the requirements of his or her leave.  You...
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K&S Ranked One of Maryland's Top Employment Law Firms

Kollman & Saucier
Kollman & Saucier
05/04/2018
The 2018 edition of Chambers USA: America’s Leading Lawyers for Business has once again ranked Kollman & Saucier as a leader in the field of Labor and Employment law.  Chambers ranks the top firms and lawyers across the country in a variety of practice areas based on attorney and client interviews and its own database resources. The firm was described as "a wonderful boutique with very talented lawyers,"  and received praise for its...
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Falsified Application and Poor Performance Doom Discrimination and Retaliation Claims

A recent decision from the Sixth Circuit Court of Appeals provides a reminder that authorized leave -- such as maternity leave -- does not insulate an employee from termination for poor performance and other inappropriate conduct.  Bailey v. Oakwood Healthcare, Inc., Case No. 17-2158 (6th Cir. Apr. 23, 2018) (unpublished). Michelle Bailey worked as a senior staffing professional for Oakwood Healthcare, Inc.  Nearly eight months into her tenure...
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No Discriminatory Discharge Of Plaintiff Who Was Not Employee

Kollman & Saucier
Kollman & Saucier
04/25/2018
An employee cannot be discharged from a position he never held.  That is the simple takeaway from a recent decision from the United States District Court for the District of Maryland.  Mance v. Owings Mills Autos, LLC, Civil No. JKB-17-2222 (D. Md. Apr. 19, 2018). The plaintiff alleged that he had worked for Northwest Honda as a car salesman and then as a Used Car Manager.  In 2016, Owings Mills Autos (“OMA”) purchased Northwest Honda.  The...
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Undocumented Workers May Seek Relief Under Title VII

Kollman & Saucier
Kollman & Saucier
04/20/2018
Earlier this week, a Maryland federal court issued an opinion permitting the EEOC to proceed in a case of discrimination against several Hispanic former employees of an Edgewater carwash.  United States EEOC v. Phase 2 Invs. Inc., 2018 U.S. Dist. LEXIS 65719 (D. Md. Apr. 17, 2018).  The EEOC alleges that the carwash discriminated against several Hispanic former workers by “relegating” them to lower positions, denying them overtime and...
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