Announcing Kollman, Saucier & Jackson, P.A. and our relocation to Hunt Valley Read More
Email Updates

Enter your email address to subscribe to this blog and receive notifications of new posts by email.

Mercedes Denied the Luxury of Overly Broad No Solicitation Rule

Kollman, Saucier, & Jackson
07/28/2014
Agency Activity, Labor Law
On July 24, 2014, a National Labor Relations Board ("NLRB")  Administrative Law Judge  ruled that Mercedes-Benz violated the National Labor Relations Act ("NLRA") by prohibiting distribution of literature in "team centers" inside its Vance, Alabama plant.  Mercedes-Benz U.S. Int'l, Inc., No. 10-CA-112406.  The ALJ held that because the "team centers" were used for both work purposes and as employee break and meal rooms, the car maker could not...
read more

Court Upholds $3.7 Million Age Discrimination Verdict Against IBM

Kollman, Saucier, & Jackson
07/27/2014
Age Discrimination
On July 23, 2014, a  federal court in Connecticut  upheld a jury's award of $3.7 million to a 61 year old executive fired after 41 years with IBM. Castellucio v. Int'l Bus. Machs. Corp. (D. Conn. No 3:09-cv-01145 July 23, 2014).  The Court held that the jury properly awarded $2.5 million for age discrimination, and an additional $1.2 million for attorneys' fees and costs. The case arose when Joanne Collins-Smee became Castellucio's supervisor,...
read more

EEOC Issues Enforcement Guidance on Pregancy Discrimination

Kollman, Saucier, & Jackson
07/16/2014
Pregnancy Discrimination
For the first time since 1983, and partly addressing issues pending before the U.S. Supreme Court (see Alex Berg’s July 9 blog titled, “Supreme Court Will Decide What Accommodations Employers Must Make For Pregnant Employees”), the Equal Employment Opportunity Commission (“EEOC”) on Monday issued new enforcement guidelines on pregnancy discrimination under the Pregnancy Discrimination Act (“PDA”) that also cover possible workplace...
read more

You Mean They Can Legally Not Hire Me Because I Smoke?

Kollman, Saucier, & Jackson
07/15/2014
Business Law
In Maryland, and in approximately twenty states, the answer is “yes.” In an unusual (though modern) move, the Anne Arundel Medical Center (the “Hospital”) recently announced that starting in July 2015 it plans on no longer hiring smokers. Like a growing number of health systems, universities and other businesses, the Hospital will require a urine test for nicotine use for all job applicants. The policy will not affect existing employees,...
read more

Supreme Court Limits ACA's Contraception Mandate

Kollman, Saucier, & Jackson
07/02/2014
Affordable Care Act, Supreme Court Decisions
On Monday, June 30, 2014, the Supreme Court issued its highly-anticipated decision in Burwell v. Hobby Lobby Stores, Inc., U.S., No. 13-354, 6/30/14, ruling 5-4 that owners of closely held for-profit corporations with sincerely held religious beliefs can opt out of the Affordable Care Act mandate that requires them to provide employee health insurance coverage for contraception. Under the Affordable Care Act, employers with 50 or more employees must...
read more

New ACA Small Business Tax Credit Regulations Released

Kollman, Saucier, & Jackson
06/30/2014
Affordable Care Act
Under the Affordable Care Act, eligible small-business employers can now receive a tax credit for offering health coverage to their employees. Final rules and regulations regarding the tax credit were released, and become effective, today. Who is Eligible To qualify for the tax credit an employer must: Have no more than 25 full-time equivalent (FTE) employees Have maximum annual average wages of $ 50,000 Pay at least 50% of employee health...
read more

Supreme Court Issues Unanimous Decision, "Canning" Obama's Recess NLRB Appointments

Kollman, Saucier, & Jackson
06/27/2014
Agency Activity, Labor Law, Supreme Court Decisions
As part of its end of term productivity, on Thursday, June 26, 2014, the Supreme Court issued its much anticipated decision in NLRB v. Noel Canning,  regarding President Obama’s authority to grant recess appointments to fill vacant Board positions and avoid the Senate confirmation process of those Board members. The Noel Canning decision specifically involved President Obama’s recess appointments of Sharon Block, Terence Flynn, and Richard...
read more

DOL Takes Action So That FMLA Applies To Same-Sex Spouses Everywhere

Kollman, Saucier, & Jackson
06/24/2014
Agency Activity, FMLA
The Department of Labor announced on June 20, 2014, that it would be issuing a Notice of Proposed Rulemaking (NPRM) confirming that employees are eligible for leave to care for a same-sex spouse under the Family and Medical Leave Act (FMLA) regardless of their state of residence.  Secretary Tom Perez announced that the proposed revisions would ensure that the FMLA applied to all families equally, permitting same sex marriage partners to fully...
read more

SEC Settles Whistleblower Retaliation Charge

Kollman, Saucier, & Jackson
06/20/2014
Whistleblowers
On June 16th, the Securities and Exchange Commission filed (and settled) its first Dodd-Frank whistleblower anti-retaliation claim. While employers should be aware of the new enforcement action taken by the SEC, the allegations show that even the most sophisticated employer can engage in very questionable behavior. According to the SEC Settlement Order, which can be found here, Paradigm Capital Management, Inc., a registered investment adviser,...
read more

Here's Your [Expletive] Latte!

Kollman, Saucier, & Jackson
06/18/2014
Labor Law
One would think that cursing in front of customers would be sufficient grounds for termination - even at a progressive enterprise like Starbucks. However, if those outbursts come from a union supporter while performing union activity, you should think again. The National Labor Relations Board recently issued its decision in Starbucks Corporation d/b/a Starbucks Coffee Company and Local 660, Industrial Workers of the World, case number 02-CA-037548....
read more
Email Updates

Enter your email address to subscribe to this blog and receive notifications of new posts by email.