EEOC Files Its First Sexual Orientation Discrimination Lawsuits

Kollman, Saucier, & Jackson
03/03/2016
The Equal Employment Opportunity Commission has filed two lawsuits claiming that the plaintiffs were discriminated against because of sexual orientation. These are the first cases the EEOC has filed with Title VII claims based on sexual orientation. One of the lawsuits, EEOC v. Pallett Cos, No. 16-595, was filed in the United States District Court for the District of Maryland. The other, EEOC v. Scott Med. Ctr., was filed in federal court in...
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Maryland Considering Family and Medical Leave Insurance Program

Kollman, Saucier, & Jackson
03/01/2016
The Maryland General Assembly’s House Economic Matters Committee is considering House Bill 740, which would establish a Family and Medical Leave Insurance Program in Maryland. The program would provide up to twelve weeks of paid leave ($50 to $1,000 per week, with the maximum tied to inflation) to an employee taking unpaid or partially paid leave for the following reasons: (1) to care for a newborn child or a child newly placed for adoption or...
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West Virginia Becomes the 26th Right to Work State

Kollman, Saucier, & Jackson
02/19/2016
"Right to Work" laws prohibit an employer from requiring workers to pay union dues as a condition of employment.  While many view these laws as something which allows employees to freely choose whether they wish to be a dues-paying union member, organized labor considers them to be an anathema.  In a right to work state, employees can be "free riders," meaning they can be covered by a collective bargaining agreement, but not required to pay for the...
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Public Sector Unions Will Live to Fight Another Day

Kollman, Saucier, & Jackson
02/15/2016
In addition to being the final arbiter of cases raising questions of federal law, the United States Supreme Court is sometimes asked to stay the scheduled execution of death row inmates.  With the unexpected passing of Justice Antonin Scalia on February 13th, the Court may have granted a stay of of execution to labor unions  representing government employees. On January 11, 2016, the Supreme Court heard oral arguments  in Friedrichs v. California...
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ACA Class Action Survives Motion to Dismiss

Kollman, Saucier, & Jackson
02/12/2016
The Affordable Acre Act (ACA) generally requires large employers to provide ACA-compliant health insurance to full-time employees and their dependents or pay financial penalties. For purposes of the ACA, a full-time employee is someone who works 30 or more hours a week. A class action lawsuit filed against Dave & Buster’s, Inc. (D&B) demonstrates the potential trouble for employers who reduce employee hours to avoid the ACA’s...
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Employer Response to Same Sex Harassment Complaint Considered Inadequate

Kollman, Saucier, & Jackson
02/11/2016
A federal appellate court recently upheld a $300,000 jury verdict in favor of an employee who claimed he was the victim of same sex sexual harassment.  Smith v. Rock-Tenn Servs., Inc., 6th Cir., No. 15-5534 (2/10/16). The plaintiff worked as a support technician for a corrugated box company. Plaintiff claimed that on two occasions,  his co-worker, Jim Leonard, approached Plaintiff from behind and either slapped or grabbed Plaintiff’s butt....
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Check Casher Fails to Cash in on Overtime and Discrimination Claims

Kollman, Saucier, & Jackson
01/31/2016
This past week, the United States Court of Appeals for the Fifth Circuit held that a pregnant employee who worked unauthorized overtime and was terminated two months after announcing her pregnancy could not prevail on claims brought under federal employment laws.   Fairchild v. All American Check Cashing, Inc., No. 15-60190 (1/27/16). Because the plaintiff could not show that her employer had knowledge of the overtime work, or that her employer’s...
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More On Joint Employer Status From The Department Of Labor

Kollman, Saucier, & Jackson
01/22/2016
Earlier this week, the Wage and Hour Division (WHD) of the Department of Labor issued an Administrator's Interpretation No. 2016-01 (AI) on joint employment under the Fair Labor Standards Act (FLSA) and the Migrant Seasonal Agricultural Worker Protection Act (MSPA).  The guidance reconfirms existing WHD policy, which identifies common scenarios in which two or more employers jointly employ an employee and are thus jointly liable for compliance....
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How Many Push-Ups Can You Do?

Kollman, Saucier, & Jackson
01/19/2016
As an avid Crossfitter, I just could not resist titling this blog post this way.  Jay Bauer, however, may not love the title.  Mr. Bauer was a male special agent trainee for the FBI who failed a physical fitness test (specifically the 30 push up requirement for men).  In Bauer v. Lynch, No. 14-2323 (4th Cir. Jan. 11, 2016), he challenged that differing standards for male and female trainees (14 push-ups required for women) violates Title VII of...
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The NLRB's Big Mac Attack

Kollman, Saucier, & Jackson
01/13/2016
The National Labor Relations Board recently heard two interlocutory appeals by McDonald’s that arise out of a sprawling case against it and a number of its franchisees. The General Counsel filed 61 unfair labor practice charges in 6 regions. The charges were brought against 31 parties (30 franchisees and the corporate franchisor) and allege 181 violations. The General Counsel did not allege that McDonald’s (the corporate franchisor) engaged in...
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