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

The EEOC Identifies New Enforcement Priorities

Kollman & Saucier

10/20/2016

Agency Activity, Employment Discrimination

The EEOC takes a targeted approach to enforcement. This enables EEOC staff focus more of their attention and the agency’s resources on a common set of priorities, presumably with more success and change for the better. The EEOC tells everyone what types of cases have its attention and where enforcement efforts will be focused. On October 17, 2016, the EEOC approved a new strategic enforcement plan for the Fiscal Years 2017 through 2021. The...

Kollman & Saucier

10/20/2016

Agency Activity

Employers must complete a Form I-9 for each new employee hired. The purpose of the Form I-9 is to document that an employer has verified an employee’s identity and eligibility to work in the United States. To complete the Form I-9 process, new employees may produce what is known as a “List A” document to establish their identity and work authorization. These documents include a U.S. Passport for U.S. citizens, while non-citizens may...

Kollman & Saucier

10/14/2016

Wage & Hour

“Take me out to the ballgame Take me out with the crowd Buy me some peanuts and Cracker Jacks I don’t care if I never get back…” Since 1908 (incidentally, the last year a certain Chicago team won the World Series), baseball fans have regularly sung this anthem as part of the stadium experience. What nobody could have anticipated at the time, however, was how to treat the employees who sell those peanuts, Cracker Jacks, and team-related...

Kollman & Saucier

10/07/2016

Supreme Court Decisions

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...

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Email Updates

The EEOC Identifies New Enforcement Priorities

Avoid Discrimination in the Form I-9 Process

Baseball Stadium Workers Not Owed Overtime

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

Email Updates