Kollman, Saucier, & Jackson, Author at Kollman, Saucier & Jackson P.A.

Montgomery County Will Increase Minimum Wage To $15 Per Hour

Kollman, Saucier, & Jackson

11/13/2017

The Montgomery County Council voted last week to increase its minimum wage to $15 per hour by 2021 for employers with more than 50 employees. Under Bill 28-17, beginning July 1, 2022, and each July 1 thereafter, the County minimum wage rate will be increased by the annual average increase, if any, in the Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W) for the previous calendar year in the Washington-Baltimore area. The...

Kollman, Saucier, & Jackson

11/12/2017

Disability & Leave

A federal court in West Virginia recently held that an employer is not required to grant an indefinite leave of absence as an accommodation under a state disability discrimination law. Davis v. Universal Cable Holdings, Inc., Civil Action No. 2:16-cv-06526, 2017 U.S. Dist. LEXIS 183881 (S.D. W. Va. Nov. 6, 2017). The case involved Ronald Davis, who worked as a Broad Band Technician for Universal Cable Holdings, Inc. (“Universal Holdings). His...

Kollman, Saucier, & Jackson

11/08/2017

Employment Discrimination, Religious Discrimination

How does an employer comply with a statutory requirement that an employee says conflicts with a sincerely held religious belief? This issue has come up when an employee is fired after refusing to produce a social security number for religious reasons. Courts considering religious discrimination claims in this context have uniformly held that Title VII of the Civil Rights Act (“Title VII”) does not require an employer to accommodate an...

Kollman, Saucier, & Jackson

11/03/2017

Sexual Harassment

Over the past few weeks, we have seen, heard and read alot about allegations of sexual harassment against Harvey Weinstein, Kevin Spacey, Mark Halperin, and a number of other high-profile media and entertainment personalities. In most of these cases, the allegations involve claims of non-consensual sexual contact, sometimes even rising to the level of rape. With each day, it seems that more accusers surface, and a Twitter hashtag ("#MeToo")...

Kollman, Saucier, & Jackson

11/01/2017

Agency Activity, Wage & Hour

In a move that surprised many observers, on October 30, 2017, the United States Department of Labor appealed a federal judge's August ruling striking down the Obama-era overtime regulations. In a statement issued by the DOL, the agency explained that it will also file a motion to freeze the appeal while it undertakes further rule making on what the appropriate salary level for exempt status should be. Here's a quick recap on how we got to this...

Kollman, Saucier, & Jackson

10/06/2017

Restrictive Covenants, Trade Secrets & Restictive Covenants

A case decided this week by a Maryland federal court highlights the importance of careful drafting when it comes to non-compete agreements. Allied Fire Protection, Inc. v. Huy Thai, No. 17-551 (D. Md. 10/2/17). In this case, Allied Fire Protection sought to enforce such an agreement when defendant Thai, a high-level employee, left to join Allied’s competitor. Specifically, the agreement prohibited Thai from directly or indirectly engaging in...

Kollman, Saucier, & Jackson

10/03/2017

Supreme Court Decisions

The 2017-2018 Supreme Court term could be a very significant one for employment law. With a newly constituted conservative majority, the Court is poised to decide three cases that will likely have far-reaching implications on public sector collective bargaining, class action litigation, and discrimination on the basis of sexual orientation. Are Class Action Waivers in Arbitration Agreements Legal? The Supreme Court kicked off its fall term on...

Kollman, Saucier, & Jackson

10/01/2017

Hostile Work Environment, Race Discrimination

In Castleberry v. STI Group, No. 16-3131 (3d Cir. 2017), the Third Circuit Court of Appeals held that a manager's one-time use of a racial slur, combined with his threat to fire a Black employee, could be enough to support a Section 1981 hostile work environment claim. Two Black laborers sued their staffing agency (STI) and the client location where they were placed (Chesapeake Energy Group) based on their treatment at Chesapeake. They were not...

Kollman, Saucier, & Jackson

09/27/2017

Disability & Leave, Reasonable Accommodations/Undue Burden

Employers with employees on leave often wrestle with the situation where the employee has exhausted all leave available under policy and statute, but are still not able to return to work and seek additional time off, usually supported by a doctor's note. While the FMLA or similar statutory leave may no longer be available, I know I am often discussing with my clients whether further leave should be offered due to potential reasonable accommodation...

Kollman, Saucier, & Jackson

09/22/2017

Agency Activity

On September 15, 2017, the Department of Labor issued a Notice setting forth the new minimum wage applicable to federal contractors covered by Executive Order 13658. Effective January 1, 2018, the hourly wage will increase from $10.20 per hour to $10.35 per hour. The wage rate for tipped employees will also increase to $7.25 per hour. Covered contractors must advise their employees of the increase. Executive Order 13658 applies to all...

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Montgomery County Will Increase Minimum Wage To $15 Per Hour

Employer Need Not Grant Indefinite Leave of Absence As An Accommodation

Mark of the Beast

Sexual Harassment: A Few Words of Advice in the Wake of Weinstein, Spacey, and the Media Frenzy

Labor Department Seeks Appeal and Stay of Overtime Ruling

Case Dismissed: Judge Rules Allied Fire Can’t Compete in Court

Class Actions, Collective Bargaining and a Colorado Cakeshop: Why The Supreme Court’s Fall Term Matters for Employers

When One Word Is Too Much... Single Racial Slur May Support Hostile Work Environment Claim

In A Surprising ADA Plot Twist, The Seventh Circuit Affirms Additional Leave Is Not Always The Answer!

Department of Labor Issues New Minimum Wage for Federal Contractors

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