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

NLRB Decision Will Serve as Sole Labor Related Case Appointed to Supreme Court Docket

Kollman & Saucier

10/07/2016

The Supreme Court started its new term Tuesday, which just one labor-related case on its docket. While the decision could have far reaching effects on presidential powers to appoint officers, it is likely to have little impact on this particular area of law. Below is a summary of the case. NLRB v. SW Gen., Inc., No. 15-1251, cert. granted (6/20/16). On June 20, the Supreme Court granted the NLRB’s petition for review of a D.C. Circuit decision...

Kollman & Saucier

10/04/2016

Agency Activity, Employment Discrimination

On September 29, the EEOC finalized a revised pay data form that employers and federal contractors with 100 or more employees will be required to submit on an annual basis beginning March 31, 2018, based on data collected for 2017. Private employers with more than 100 employees and federal contractors with more than 50 employees have long been required to report employee race, ethnicity and sex to the EEOC based on 10 different job categories. ...

Kollman & Saucier

09/30/2016

Agency Activity, Disability & Leave

On September 29, the Department of Labor (DOL) announced its Final Rule extending paid sick leave benefits to employees of certain federal contractors and subcontractors, and which essentially implements Executive Order 13706 from September 2015. Here are some of the main features: Employers: The Final Rule will apply to any new contract (defined as new and replacement contracts entered into on or after January 1, 2017). Contracts and all...

Kollman & Saucier

09/28/2016

Agency Activity, Labor Law, Wage & Hour

Unless you are a contestant who just returned from participating in the 33rd season of Survivor: Millenials v. Gen X (yes, I still watch this show -- Every. Single. Episode.), you have undoubtedly heard about the Wells Fargo credit card scandal. Nearly 5300 employees were fired after it was uncovered that millions and millions of credit card accounts were fraudulently opened without customer permission because of intense corporate pressure to meet...

Kollman & Saucier

09/20/2016

Agency Activity, Workplace Safety

On September 15, 2016, the Occupational Safety and Health Administration issued new guidance on proposed whistleblower settlements. The new guidance, which can be found here and here, makes clear that language that contravenes public policy and statutory protections cannot be included in any whistleblower settlement agreement between a complainant and an employer. Among other things, OSHA will not approve language that prohibits an employee from...

Kollman & Saucier

09/16/2016

Employment Discrimination, Retaliation

A number of federal courts have held that, under the “cat’s paw” doctrine (named after an Aesop’s fable), an adverse employment decision based on information from a supervisor with discriminatory or retaliatory animus may provide the basis for employer liability under Title VII. However, it has not been clear that an adverse action based on information from a non-supervisory employee could similarly trigger employer liability. The United...

Kollman & Saucier

09/15/2016

Labor Law

Last Friday, a National Labor Relations Board administrative law judge found that the grocery chain Kroger unlawfully banned non-employee union representatives from distributing petitions in a store parking lot. Kroger Mid-Atlantic LP, N.L.R.B. A.L.J., No. 5-CA-155160 (Sept. 9, 2016). The issue arose after Kroger announced it was closing a location, but its workers were not offered transfers to new, non-unionized stores. The workers were only...

Kollman & Saucier

09/14/2016

Virginia Employment Law

A federal court in Alexandria, Virginia enforced a non-compete clause against a former employee of Hair Club for Men in Tysons Corner who stole 25 clients and set up a competing hair replacement business. Hair Club for Men, LLC v. Ehson, et. al., No. 1:16-cv-236 (E.D.Va. Aug. 31, 2016). However, the Court found Hair Club's non-solicitation clause unenforceable. The defendant former employee worked for Hair Club from 2011 to July 2014, when...

Kollman & Saucier

09/12/2016

Virginia Employment Law

On September 8, 2016, the Supreme Court of Virginia ruled that an employee who sues his employer for retaliatory discharge under Code §40.1-51.2:1 after making a health or safety complaint is not entitled to an award of punitive damages. Property Damage Specialists Inc. v. Rechichar. The Court reversed the judgment of the Circuit Court for Shenandoah County, where a jury had awarded both compensatory and punitive damages to a discharged...

Kollman & Saucier

09/09/2016

Age Discrimination, Employment Discrimination, Race Discrimination

A recent decision from a D.C. federal court offers a reminder that employers who investigate workplace disputes and make employment decisions based on documented evidence put themselves in a better position to defeat lawsuits challenging those decisions. Ladson v. George Wash. Univ., No. 14-cv-001586 (D.D.C. Sept. 1, 2016). Todd Ladson was a 24 year veteran of the George Washington University (GW) campus police when, in 2013, he was accused of...

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Email Updates

NLRB Decision Will Serve as Sole Labor Related Case Appointed to Supreme Court Docket

New EEOC Pay Reporting Requirements Begin Next Year

DOL Publishes Final Rule On Paid Sick Leave

Wells Fargo: Together We'll Go Far... Into The Abyss of Audit Hell

OSHA Issues Whistleblower Settlement Guidance

Second Circuit Extends Reach of Cat’s Paw in Title VII Retaliation Suit

Kroger's Discriminatory Enforcement of No-Solicitation Rule Violates NLRA

Court Enforces Hair Club Non-Compete

Virginia Supreme Court Strikes Punitive Damage Award

Officer’s Behavior Dooms Discrimination Claims

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