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

Trump Expected to Nominate Two Management Attorneys to NLRB

Kollman, Saucier, & Jackson

05/11/2017

According to sources with access to the White House, President Trump plans to nominate two Republican attorneys to the NLRB by June, and to have them confirmed by the Senate before its August recess. The nominees, Marvin Kaplan and William Emanuel, would fill the two vacant slots on the Board and give agency a Republican majority. Emanuel is a management-side employment lawyer with Littler Mendelson in Los Angeles. According to the...

Kollman, Saucier, & Jackson

04/28/2017

Labor Law, Union Activity

An employer commits an unfair labor practice if it maintains a work rule that tends to chill employees in the exercise of their rights under Section 7 of the National Labor Relations Act. Section 7 gives private sector employees the right to organize and “to engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection.” Marcus Davis is a sales associate for AT&T Mobility, LLC at...

Kollman, Saucier, & Jackson

04/07/2017

Legislative Developments, Maryland Healthy Working Families Act, Paid Leave, State Law

The Maryland General Assembly this week passed the Healthy Working Families Act, which all but guarantees that come 2018, employees in Maryland will be entitled to sick leave. The bill was passed with veto-proof margins in both the Senate (29-18) and the House of Delegates (87-53), which means the General Assembly can override Governor Hogan’s anticipated veto when it reconvenes next year. Below is a summary of the bill which would take effect...

Kollman, Saucier, & Jackson

04/06/2017

Employment Discrimination

This week the Seventh Circuit became the first federal appellate court to hold Title VII protects employees from discrimination in the workplace based on sexual orientation. Hivley v. Ivy Tech Comt'y Coll. of Ind., No. 15-1720 (7th Cir. 4/4/17). In this case, plaintiff Hivley worked as a part-time professor at Ivy Tech Community College located in Indiana. After being denied hire for several full-time positions, she filed an EEOC charge based...

Kollman, Saucier, & Jackson

04/04/2017

State Law

Last night the North Carolina Tar Heels won their sixth NCAA championship. This, despite relocation of initial tournament rounds away from Tar Heel state in response to H.B. 2, a controversial law passed by North Carolina that restricted LGBT protections and barred transgender individuals from using restrooms that matched their gender identity. On March 30, 2017, following a year of major economic damage due to organizations-- including the...

Kollman, Saucier, & Jackson

03/31/2017

Employment Discrimination, Reasonable Accommodations/Undue Burden

A pharmacist with trypanophobia (a fear of needles, yes I had to Google that), worked for Rite Aid Corp. (and its predecessors) for 34 years. In 2011, Rite Aid made administering immunizations an explicit job requirement for its pharmacists. The needle-fearing pharmacist submitted medical notes about his trypanophobia which explained his blood pressure would spike, he would get anxious and lightheaded at the sight of a needle, and could faint,...

Kollman, Saucier, & Jackson

03/28/2017

Employment Discrimination, Sexual Orientation

In a case that has been closely watched, in Christiansen v. Omnicorp Grp., Inc., No. 16-749 (2d Cir. March 27, 2017), a three-judge panel of the Second Circuit decided that a gay, HIV-positive employee is not able to pursue a claim of sexual orientation discrimination under Title VII, concluding that Title VII does not protect against gay bias. The Second Circuit cut to the case and concluded that absent a ruling by the Supreme Court, or a full...

Kollman, Saucier, & Jackson

03/22/2017

Labor Law

Readers of this blog are probably familiar with how the appellate court system works. A party appeals a judge’s factual ruling to an appellate court, which then reviews the lower court’s decision. Appeals from federal trial courts and federal regulatory boards are usually heard by that circuit’s court of appeal (i.e. the United States Court of Appeals for the Fourth Circuit). Appeals from the federal appellate courts’ three judge panels...

Kollman, Saucier, & Jackson

03/17/2017

Legislative Developments, State Law

There is a little over a month left before the Maryland General Assembly adjourns its 2017 legislative session. Below is a list of some of the employment-related bills that thelegislature is considering or has considered. House Bill 1, the Maryland Healthy Working Families Act, was summarized in a previous blog post. HB 1 has passed the House and is being considered by the Senate. HB 1 was cross-filed with Senate Bill 230, which the Senate...

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Email Updates

Trump Expected to Nominate Two Management Attorneys to NLRB

ALJ Rules Union Steward May Use a Cell Phone to Secretly Record a Meeting with Management

Maryland General Assembly Passes Veto-Proof Sick Leave Legislation

Seventh Circuit Holds Sexual Orientation Bias in the Workplace is Prohibited Under Federal Law

North Carolina Passes a New Version of its Controversial Bathroom Bill

Pharmacist Needled Out Of $2.6M Jury Award

Second Circuit Holds Sexual Orientation Not Protected By Title VII

If At First You Don’t Succeed, Try Again

Maryland Legislative Update

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Author: Kollman, Saucier, & Jackson

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