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

Employer Cannot Avoid Overtime Obligations By Playing Ostrich

Kollman, Saucier, & Jackson

05/27/2016

If an employer knows, or has reason to know, that an employee is working overtime, that overtime must be paid. In Craig v. Bridges Bros. Trucking LLC, No. 15-3396 (6th Cir. May 19, 2016), the Sixth Circuit concluded that a bookkeeper was able to pursue her Fair Labor Standards Act (FLSA) overtime pay claim because she presented sufficient evidence her employer should have known she was working more than 40 hours in a work week. The Sixth Circuit...

Kollman, Saucier, & Jackson

05/24/2016

Employment Discrimination, Legal Developments, Limitations, Supreme Court Decisions

Yesterday, the Supreme Court issued its decision in Green v. Brennan, U.S. No. 14-613 (May 23, 2016), holding that the statute of limitations for a former Postmaster's Title VII constructive discharge claim begins on the date he gave notice of his resignation, and not on the date of the employer's alleged last discriminatory act. Former Postmaster Marvin Green had 45-days, under the limitations period applicable to federal sector Title VII claims,...

Kollman, Saucier, & Jackson

05/19/2016

Trade Secrets & Restictive Covenants

This past week, President Obama signed into law the Defend Trade Secrets Act of 2016, which can be found here. The Act creates a federal cause of action for trade secret misappropriation, and complements the many state laws (typically based on the Uniform Trade Secrets Act) already in effect. The Act provides a claimant a number of strong tools. Perhaps most importantly, it allows for the ex parte seizure of the claimed trade secret upon affidavit...

Kollman, Saucier, & Jackson

05/18/2016

Agency Activity, Wage & Hour

Later today, over two scoops of butter pecan, Vice President Joe Biden and United States Department of Labor Secretary Tom Perez will appear at an ice cream parlor in Ohio to announce that the DOL has issued a Final Rule that will allow more workers to qualify for overtime pay under the Fair Labor Standards Act (FLSA). The long-awaited final rule doubles the salary threshold at which a worker may qualify as exempt from receiving overtime. ...

Kollman, Saucier, & Jackson

05/12/2016

Independent Contractors

Well, not really. But I just couldn’t resist the title. Uber did, however, suffer another blow against it in the intensifying efforts to classify its drivers as employees. This time, the venue was a federal court in California and the plaintiffs were two women who allege they were sexually assaulted by two of Uber’s drivers. In Jane Doe, et al. v. Uber Technologies, Inc., No. 3:15-cv-04670 (N.D. Calif.; decided May 4, 2016), the plaintiffs...

Kollman, Saucier, & Jackson

05/11/2016

Disability & Leave

EEOC disability discrimination charges have reached an all time high and, according to the Commission, it’s employers who are to blame. The charges, the EEOC says, show a "troubling trend" indicating employers may not understand the Commission’s positions on leave and the ADA. In response to these concerns, the EEOC released a new resource document titled: Employer Provided Leave and the Americans with Disabilities Act. While the document...

Kollman, Saucier, & Jackson

05/06/2016

Agency Activity, Employment Discrimination

Earlier this week, the Equal Employment Opportunity Commission issued a fact sheet titled “Bathroom Access Rights for Transgender Employees Under Title VII of the Civil Rights Act of 1964.” Yesterday, the Department of Justice sent a letter to North Carolina’s governor stating that his state’s H.B. 2 -- legislation which requires individuals to use public restrooms associated with their gender at birth -- violates Title VII of the Civil...

Kollman, Saucier, & Jackson

05/05/2016

Disability & Leave

A United States District Court in New Jersey recently denied an employer’s motion for summary judgment where the employer argued that the employee voluntarily resigned and, therefore, that there was no adverse employment action. Taha v. TBC Corp., No. 14-03377 (D.N.J. April 26, 2016). David Taha worked as a store manager for National Tire & Battery (NTB) in New Jersey. Years before, he had been diagnosed with an arthritic condition. Taha...

Kollman, Saucier, & Jackson

04/29/2016

Wage & Hour

The United States Court of Appeals for the Fourth Circuit has ruled that casino trainees may be employees entitled to compensation under the FLSA when they are attending a pre-hire "training school" at a local community college. Harbourt v. PPE Casino Resorts Md. , LLC. The Court reversed a lower court decision dismissing the trainees' complaint, ruling that the facts plead in the complaint were sufficient to state a claim that the time spent in...

Kollman, Saucier, & Jackson

04/26/2016

Agency Activity, Employment Discrimination

The United States Court of Appeals for the Fourth Circuit has ruled that the Equal Employment Opportunity Commission ("EEOC") has the right to investigate a charge of discrimination filed by an employee who was not legally authorized to work in the United States. EEOC v. Maritime Autowash, Inc., 4th Cir No. 15-1947 (April 25, 2016). Although the Court found the Commission may investigate the claims, it did not resolve the broader question of...

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Employer Cannot Avoid Overtime Obligations By Playing Ostrich

The Supreme Court Delivers Some Bad News To The Post Office

President Signs Federal Trade Secrets Act

DOL Issues Final Rule Doubling the Salary Threshold for Overtime Exemption

Uber Gets Taken for a Ride

EEOC Issues New Resource Document on Leave and the ADA

DOL and EEOC Weigh In On Title VII and Bathroom Restriction Laws

You Weren’t Fired, You Quit!

Deal Me In: Appellate Court Rules That Casino Trainees May Be Employees

EEOC Has Right to Investigate Charge Filed by Undocumented Worker

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Author: Kollman, Saucier, & Jackson

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