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Four More Years: What Does Obama's Reelection Mean for Employers?

Kollman, Saucier, & Jackson
11/07/2012
Agency Activity, Disability & Leave, Employment Discrimination, Labor Law, Legislative Developments, Wage & Hour, Workplace Safety
With the results of the Presidential election now in, its time to answer a question I’ve heard from a number of clients today: what does President Obama’s reelection mean for employers?  The short answer: you can expect to see a lot of blog posts from us about aggressive enforcement initiatives by the NLRB, DOL, EEOC, and other enforcement agencies.  In this post, I’ll give you a high level overview of what I think we are going to see. NLRB:...
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Time Off For Voting

Kollman, Saucier, & Jackson
11/05/2012
State Law
Tomorrow is Election Day.  Employers should be clear on state law requirements that provide employees with time off to vote, as well as any existing policies in place on voting leave.  Although some states have no requirements, others require employers to provide employees with time off to vote and impose civil and/or criminal penalties for non-compliance.  In Maryland, every employer must permit employees who claim to be registered voters to be...
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Virginia Supreme Court Holds That Supervisors May Be Personally Liable for Wrongful Discharge

Kollman, Saucier, & Jackson
11/02/2012
Litigation, Sexual Harassment, State Law
On November 1, 2012, the Supreme Court of Virginia held that a supervisor may be subject to tort liability for wrongful discharge in violation of public policy where the individual participated in the wrongful firing and was the violator of public policy. VanBuren v. Grubb, 120348 (Va. Nov. 1, 2012) (Millette, J.).  The Court addressed the issue upon certification from the Fourth Circuit. Angela VanBuren was a nurse at Virginia Highlands Orthopedic...
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NLRB Finds "At Will" Disclaimers in Employee Handbook to be Legal

Kollman, Saucier, & Jackson
11/02/2012
Agency Activity, Labor Law
On October 31, 2012, the NLRB did something it has not done too often in recent years: it delivered some good news to employers.  In two Memoranda from the Board’s Division of Advice, the Board found “at will” disclaimers  in employee handbooks to be lawful.   In so doing, the Board contrasted the disclaimers with one that was struck down  by an Administrative Law Judge in February. The issue presented by the disclaimers is whether or not...
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Hurricane Sandy and Some Employment Issues To Consider

Kollman, Saucier, & Jackson
10/29/2012
Wage & Hour
With many offices closed today, and more likely to remain and be closed tomorrow, we wanted to remind employers about pay rules in place for weather-related closings. Most exempt employees who are paid on a salary basis are not subject to pay reductions because of a business closure.  Indeed, even if an exempt employee misses a full day of work, an employer may not reduce the employee’s weekly salary.  It is important not to improperly reduce an...
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Court Rules Baltimore County Pension Plan Discriminates Based on Age

Kollman, Saucier, & Jackson
10/26/2012
Employee Benefits, Employment Discrimination, Public Sector Employment Law
A federal district court has ruled that Baltimore County violated the Age Discrimination in Employment Act (“ADEA”) when it required older employees to contribute more to their pension than younger employees.  EEOC v. Baltimore County, D. Md. No. 07-2500 (10/17/12). The decision, which will most likely be appealed by the County, is the latest ruling in a multi-year lawsuit which has already been before the United States Court of Appeals for the...
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What Employers Can Learn from Lance Armstrong

Kollman, Saucier, & Jackson
10/23/2012
Business Law
As many of you know, I am an avid cyclist and fan of professional cycling.  To give you some context, this morning I watched a replay of Stage 7 of the 2009 Tour de France while riding my bike inside.  My office is adorned with cycling pictures, including a poster of Lance Armstrong dropping Marco Pantani on the slopes of Daux-Hautacam in the 2000 Tour. My idea of a fun vacation is a week on my touring bike, lugging my camping gear, food and...
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New Jersey Employers Have A New Posting Requirement

Kollman, Saucier, & Jackson
10/19/2012
Agency Activity, State Law
The New Jersey State Assembly has amended the New Jersey Equal Pay Act to require employers with 50 or more employees to “conspicuously post” a notice of employees’ rights to be free from gender discrimination with respect to wages, compensation, benefits, and other terms and conditions of employment.  The new posting requirement is scheduled to take effect November 21, 2012.  The New Jersey Department of Labor, however, still needs to...
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Written Comment In Self-Evaluation Form Provides Basis For Retaliation Claim

Kollman, Saucier, & Jackson
10/12/2012
Retaliation
In Tasciyan v. Medical Numerics, No. 8:11-cv-01467 (D. Md. Oct. 9, 2012), the federal trial court permitted Talin Tasciyan’s Title VII retaliation claim to proceed to a jury trial, finding that a jury must decide if her comment on a self-evaluation form, that she believed she had not been promoted because of her gender, was the reason for her termination.   The court noted that sufficient evidence of a causal connection existed because only three...
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NLRB Strikes Down Hotel Rule Limiting Employees’ Off Duty Access

Kollman, Saucier, & Jackson
10/12/2012
Labor Law
September 28, 2012 was a busy day at the National Labor Relations Board (“NLRB”).  Not only did the Board issue its first Facebook ruling (Karl Knauz Motors, Inc.), it also decided it latest case invalidating an employer rule limiting employee access.  In Marriott International, Inc., 359 NLRB No. 8 (2012), the Board ruled that a hotel rule barring off duty employees from returning to the hotel interior or using its facilities without...
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