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

Whole Foods Stores Are For Shopping And Secretly Recording, Says The NLRB

Kollman, Saucier, & Jackson

01/08/2016

On December 24, 2015, the National Labor Relations Board (NLRB) invalidated two employee handbook policies that prohibited employees from recording conversations, phone calls, images or meetings in the workplace. In Whole Foods Market, Inc. and United Food and Commercial Workers, et al., 363 NLRB No. 87 (2015), the NLRB found that requiring employees to obtain management’s approval before recording certain aspects of the work environment violated...

Kollman, Saucier, & Jackson

01/06/2016

Disability & Leave, Employment Discrimination

In a recent disability discrimination case, the Seventh Circuit ruled that the Equal Employment Opportunity Commission (“EEOC”) is not entitled to a new trial against AutoZone because it failed to prove that the employee it represented was qualified for her job. EEOC v. AutoZone, Inc., 7th Cir., No. 15-1753 (January 4, 2016). Affirming a jury verdict in favor of AutoZone, the Court found that there was sufficient evidence to find that the...

Kollman, Saucier, & Jackson

12/31/2015

Agency Activity, National Origin, Religious Discrimination

On the heels of the recent terrorist attacks in Paris and San Bernardino, EEOC Chair Jenny R. Yang recently issued a statement to “Address Workplace Discrimination Against Individuals Who Are, or Are Perceived to Be, Muslim or Middle Eastern.” Along with the statement, the EEOC released two “resource documents” to provide guidance to employees and employers on how to handle workplace situations involving discrimination against individuals...

Kollman, Saucier, & Jackson

12/30/2015

Wage & Hour

Santa did not bring GEICO the gift it was hoping for this Christmas. On December 23, the Fourth Circuit issued its decision in Calderon v. GEICO Gen. Ins. Co., No. 14-2111, deciding that the insurance company’s fraud investigators perform non-exempt work under the Fair Labor Standards Act and, therefore, are entitled to overtime pay. The FLSA requires that employers pay overtime for each hour an employee works beyond 40 in a week. An employee...

Kollman, Saucier, & Jackson

12/22/2015

Labor Law

The legalization of medical and recreational marijuana use has created a host of new employment law issues. One of the most common questions we get is about drug test results: what happens if an employee or applicant tests positive in a state where medical or recreational marijuana use is legal? (the answer is that marijuana use is still illegal under federal law, so, in theory, an employer can discipline the employee or not hire the...

Kollman, Saucier, & Jackson

12/17/2015

Business Law

Kollman, Saucier & Jackson is pleased to announce that four of its partners made the annual list that is published each year by SuperLawyers: Frank Kollman, Pete Saucier, Darrell VanDeusen, and Eric Paltell (who was also, once again, named one of Maryland’s Top 100 attorneys). Each of these attorneys was selected for his or her practice in management labor and employment...

Kollman, Saucier, & Jackson

12/10/2015

Disability & Leave

Earlier this week, former University of Southern California (USC) Head Football Coach Steve Sarkisian filed a wrongful termination lawsuit against his former employer. Sarkisian’s complaint alleges violations of California law, including a failure to accommodate his alcoholism. Sarkisian, who is seeking at least the $12.5 million left on his contract, asserts that USC “kicked him to the curb” by firing him instead of allowing him time off to...

Kollman, Saucier, & Jackson

12/09/2015

Arbitration

The U.S. Court of Appeals for the Fourth Circuit recently confirmed that an employer cannot impose a mandatory arbitration requirement on its employees through an employee handbook when the handbook also contains a disclaimer of contractual intent. Lorenzo v. Prime Commc’ns, No. 14-1622 (4th Cir. Nov. 24, 2015). Lorenzo brought an FLSA claim against her former employer, Prime Communication, L.P., alleging that she was unlawfully deprived of earned...

Kollman, Saucier, & Jackson

11/25/2015

Disability & Leave, Employment Discrimination

AA Maryland federal court ruled that the United States Postal Service may be required to provide a disabled employee with a swivel chair to alleviate neck and back pain, even though the employer had already modified job duties and provided the employee with special equipment. Dones v. Brennan, No. 8:12-cv-03369 (D. Md. 11/23/15). In this case, Plaintiff Dones worked as a mail processor for the United States Postal Service (USPS) where he sorted...

Kollman, Saucier, & Jackson

11/20/2015

Employer Liability, Employment Discrimination, Joint Employer, Temporary Workers

The Third Circuit has joined the list of other federal courts (including the Fourth Circuit which covers Maryland, Virginia, West Virginia, North Carolina, and South Carolina) that have held that Title VII applies to claims raised by the temporarily assigned worker against the company operating the work site where assigned. In other words, Title VII applies to temporary employment. In Faush v. Tuesday Morning, Inc., No. 14-1452, (3d Cir. Nov....

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Whole Foods Stores Are For Shopping And Secretly Recording, Says The NLRB

End Of The Road For AutoZone Worker, Says Seventh Circuit

EEOC Provides Guidance Regarding Muslim and Middle Eastern Employees

No FLSA Overtime Exemption for GEICO Fraud Investigators

NLRB Judge Rules That "Joint Employers" Are Joint Employers

Maryland SuperLawyers, 2016 edition

Former USC Coach Throws the Challenge Flag After Getting Fired for Drinking

You Can't Have It Both Ways: Arbitration Agreement in Employee Handbook is Not Binding

Another Spin on ADAAA Accommodations: Employee May Be Entitled to Swivel Chair

Temporary Workers Entitled To Title VII Protections

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