Fifth Circuit Vacates DOL Fiduciary Rule

Kollman & Saucier
Kollman & Saucier
03/28/2018
On March 15, 2018, the United States Court of Appeals for the Fifth Circuit vacated the Department of Labor’s Fiduciary Rule.  The Fiduciary Rule (which is actually seven different rules promulgated by the Department of Labor) imposed heightened standards on retirement investment advisors, and expanded the definition of fiduciary under ERISA.  The Rule went into effect on June 9, 2017, with a transition period until January 1, 2018. After...
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Maryland General Assembly Considering Bills Aimed At Workplace Sexual Harassment

Maryland’s House and Senate have passed competing versions of legislation that would ban employment agreement that limit rights to sue for future claims of sexual harassment. Senate Bill 1010 -- the "Disclosing Sexual Harassment in the Workplace Act of 2018" -- would make void any provision in an employment contract, policy, or agreement that waives any substantive or procedural right or remedy to a future claim of sexual harassment or...
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NLRA Doesn’t Shield Employee Who Violated Security Protocols

Kollman & Saucier
Kollman & Saucier
03/20/2018
The National Labor Relations Act (NLRA) gives employees the right to engage in protected concerted activity.  The NLRA also makes it an unfair labor practice for an employer “to interfere with, restrain, or coerce employees in the exercise of the rights” under the Act.  Despite the NLRA’s broad protections, an employer may take action against an employee whose conduct exceeds the scope of the Act’s protections.  The conduct underlying a...
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Court Dismisses Grumpy Hospital Clerk's Claim of Age Discrimination

On March 12, 2018, a Virginia federal court dismissed a claim of age discrimination brought by a 54 year old woman who had worked for Norton Community Hospital as an admissions clerk for nearly 23 years.  In Moore v. Mountain States Health Alliance, et. al., No. 2:16CV00014 (W.D. Va. 2018), Judge James Jones granted summary judgment to the employer, reasoning that the undisputed facts showed that the plaintiff could not prove that she was meeting...
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Oh God: Sixth Circuit Reverses Funeral Home Win Over Transgender Employee

Darrell VanDeusen
Darrell VanDeusen
03/09/2018
Amiee Stephens worked for a funeral home when she was known as Anthony Stephens. The funeral home is a closely held corporation, owned by a devout Christian.  The funeral home itself, however, is not affiliated with a church and does not claim to have a religious purpose in its articles of incorporation.  It is open every day, including Christian holidays, and it serves clients of all faiths. The short factual summary:  when Stephens told the...
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No Serious Health Condition? No FMLA Protection, says Eighth Circuit

Darrell VanDeusen
Darrell VanDeusen
03/07/2018
These days, it is unusual to see an appellate decision where an essential element of the claim is disputed.  For example, it’s the rare Title VII case where the protected status of the plaintiff is in question (“no, your honor, we do not agree that the plaintiff has a race…”) or in a ADA case – after enactment of the Americans with Disabilities Amendments Act – where the issue of whether the plaintiff has a disability is at...
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What Not to Say to a Pregnant Job Applicant

Channeling Rod Serling here.  “Imagine if you will….”  (for those readers too young to recognize the quote, check out “The Twilight Zone”).  You are responsible for hiring a new employee. During the interview process, an applicant says, “by the way, I am pregnant.”  How do you respond?   I have used this hypothetical in employment law training sessions.  The answer is always the same: “congratulations.”  And leave it at...
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Appeals Court Rules Sexual Orientation Discrimination Prohibited By Title VII

On February 26, 2018, the United States Court of Appeals for the Second Circuit held that sexual orientation discrimination constitutes a form of discrimination “because of . . . sex” in violation of Title VII.    Zarda v. Altitude Express, Inc., 2d Cir., No. 15-03775 (2/26/18).  The court overturned prior decisions holding otherwise, saying that “legal doctrine evolves.”  This is the second appeals court to depart from precedent and...
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U.S. House Votes To Amend ADA's Public Accommodations Requirements

This past Thursday, the House of Representatives passed (by a vote of 225 to 192) the “ADA Education and Reform Act of 2017.”  The bill is designed predominantly to alter the procedures that must be followed concerning alleged violations of the Americans with Disabilities Act (ADA) by public accommodations such as restaurants, hotels, movie theaters, and shopping malls. Since 1990, the ADA has barred public accommodations from depriving any...
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FLSA Tip Regulations Facing Repeal By DOL

Kollman & Saucier
Kollman & Saucier
02/16/2018
Prior to and during my college years, I supported myself by working as a server in restaurants.  It was fast-paced, hard work with very long hours most of the time.  Dealing with hungry and demanding diners also had its mentally exhausting moments.  My restaurant job history is near and dear to my heart.  So when I learned about the Department of Justice’s proposal to remove Obama-era regulations prohibiting certain employers...
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