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Employer Not Liable for Failing to Do Background Check on Employee Who Raped Coworker

Kollman, Saucier, & Jackson
12/18/2012
Litigation, State Law, Workplace Safety
A federal appellate court has ruled that the employer of a woman raped by a co-worker is not liable for negligent hiring when it failed to conduct a background check on the co-worker, even though the employee had prior convictions for sexual crimes.  Keen v. Miller Environmental Group, _F. 3d. _ (5th Cir. 12/10/12). The court held that Mississippi law did not impose a generalized duty to conduct background checks, regardless of whether the employer...
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Unions Make America "Stronger" - Really?

Kollman, Saucier, & Jackson
12/12/2012
Labor Law, Legislative Developments
On Monday, President Obama told a Michigan audience that he opposes right to work laws because "unions have helped build not just a stronger  middle class but a stronger America."  If the gentlemen shown in this video from yesterday's protests at the Michigan state house are representative of union membership, we don't need this kind of "stronger America" - unless we are in need of casting for a remake of Rocky...
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Michigan Bill That Weakens Union Power Passes in State Legislature

Kollman, Saucier, & Jackson
12/11/2012
Labor Law, State Law
The Republican heavy Michigan Statehouse today passed “right to work” legislation that will significantly weaken a union’s powers.  Michigan’s Governor, Rick Snyder, announced that he would sign the legislation which would permit public and private sector workers at union-represented companies to forgo paying union dues as a condition of employment.  Michigan, of course, is the birthplace of the United Auto Workers, and nearly 18% of its...
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“Laid Off” and “Terminated” are Valid Escalator Positions Under USERRA

Kollman, Saucier, & Jackson
12/07/2012
Disability & Leave
The Uniformed Services Employment and Reemployment Rights Act (USERRA) contains an “escalator principle” which requires that employers place service members returning to work into the position the service member would have had but for his or her service–the “escalator position.”  In other words, if an employee would have been a supervisor had he not been called to active duty, USERRA requires that the employee be placed into that...
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Maryland Extends Personal Liability to Individuals Under State Wage Payment Law

Kollman, Saucier, & Jackson
11/30/2012
State Law, Wage & Hour
In Campusano v. Lusitano Construction, LLC, et al., No. 1529 (Md. Ct. Spec. App. Nov. 21, 2012) (Matricciani, J.), the Maryland Court of Special Appeals concluded that individuals may be “employers” and therefore be liable under Maryland’s Wage Payment and Collection Law (MWCPL). Francisco de Oliveria worked for his son’s business, Lusitano Construction, LLC.  As a supervisor of a construction project, Francisco “set [employees’]...
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Employer Does Not “Like” Court Decision: Facebook Postings About New Job Not A Breach of Non-Solicitation Clause

Kollman, Saucier, & Jackson
11/29/2012
Employment Contracts, Social Media
Bristled that its clients interacted with a former employee on Facebook, a Massachusetts hair salon sought a preliminary injunction to cut short the stylist’s attempts to work at a competing salon and to force her to surrender the salon’s confidential information.  All puns aside, the Superior Court of Massachusetts recently ruled that certain Facebook postings were not a violation of the non-competition clauses in place.  Invidia, LLC v....
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Supreme Court to Revisit Faragher/Ellerth Defense to Harassment Claims

Kollman, Saucier, & Jackson
11/21/2012
Employment Discrimination, Litigation, Sexual Harassment
Soon after Thanksgiving, next Monday in fact, the Supreme Court will hear oral argument on a case of immense importance to employers, employees, and the employment law community.  In Vance v. Ball State University, the Court will address the question of who is a “supervisor” in the context of harassment cases under Title VII of the Civil Rights Act of 1964. Like the debate at Thanksgiving dinner over whose stuffing is better, there is a circuit...
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Paid Sick Leave for Maryland’s Private Sector Employees Could Be Proposed in 2013

Kollman, Saucier, & Jackson
11/14/2012
Disability & Leave, Employee Benefits, Legislative Developments, State Law
Now that flu season is upon us, employers can expect the usual uptick in employees calling out sick.  And in Maryland, while most larger employers offer paid  sick leave, many small businesses do not.  According to the Institute of Women’s Policy Research, forty percent of Maryland’s private sector workers, or nearly 820,000 employees, do not receive time off with pay for being sick. However, Maryland might soon require all employers to offer...
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Of Petraeus, Paramours, and Email

Kollman, Saucier, & Jackson
11/14/2012
Sexual Harassment, Social Media
As someone who has represented employers in employment law matters for more than 25 years, I have seen more than a few high level executives brought down by extramarital dalliances.  Married CEO’s who end up in bed with an administrative assistant; sales executives who send racy emails to a subordinate while sipping their fourth Jim Beam at a lonely hotel bar; human resources  professionals “sexting” coworkers .. you name it.  There is not...
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Employee Tagged Partying in Facebook Photos Loses FMLA Case

Kollman, Saucier, & Jackson
11/12/2012
Disability & Leave, Social Media
An employee who was terminated after captured drinking and partying in Facebook photographs failed on her claims of Family and Medical Leave Act interference and retaliation.  The Sixth Circuit affirmed that the employer was justified in its honest belief that the festival-attending employee was absent fraudulently from work.  Jaszczyszyn v. Advantage Health Physician Network, No. 11-1697 (6th  Cir. Nov. 7, 2012). Sara Jaszczyszyn began working...
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