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New York Law Prohibits Disclosure of Employee Social Security Numbers

Kollman, Saucier, & Jackson
08/22/2012
Legislative Developments
A new law in New York State makes it illegal to require a person to disclose his or her social security number for any purpose.  The new law, which goes into effect on December 12, 2012, adds a new Section 399-ddd to the state’s General Business Law. Significantly, the prohibition on disclosure extends to “any number derived from” a person’s social security number. As a result, employers cannot require employees to disclose the last four...
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Another Facebook Case - Employee Claim of Invasion of Privacy This Time

Kollman, Saucier, & Jackson
08/17/2012
Litigation, Social Media
In Ehling v. Monmouth-Ocean Hospital Service Corp., the U.S. District Court for New Jersey permitted a former employee’s claim for invasion of privacy after a supervisor allegedly gained unauthorized access to her Facebook account to proceed for discovery. The plaintiff, a registered nurse and paramedic, alleged that her employer accessed private postings on her Facebook account in retaliation for her union activity.  A supervisor allegedly...
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Seventh Circuit Holds That Casual Comments About A Family Member’s Poor Health Are Not Sufficient To Place An Employer On Notice Under FMLA

Kollman, Saucier, & Jackson
08/15/2012
Disability & Leave
Donna Nicholson was a sales associate for Pulte Homes.  In April 2009, following several months in which she failed to meet sales goals and generated two customer complaints, Nicholson was placed on a performance improvement plan (PIP).   The PIP required Nicholson sell two homes in both May and June.  Nicholson’s performance did not improve.  On June 22, Nicholson’s supervisors decided to terminate her employment, because she had not made a...
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Foreman With Fixable Knee Injury Is Disabled Under The ADA Amendments Act

Kollman, Saucier, & Jackson
08/14/2012
Disability & Leave
A foreman who worked for the city of Sanford, Florida had injured his knee while working for the Navy many years prior. The city hired the individual as an equipment operator after he was cleared as physically able to perform the functions of the job. He was promoted two weeks later to the foreman position, which involved physical tasks such as standing, walking, reaching, climbing, stooping, kneeling, crawling and lifting up to 50 pounds. The...
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Illinois Joins Maryland In Enacting Law Protecting Social Media Passwords

Kollman, Saucier, & Jackson
08/08/2012
Social Media
By Eric Paltell On August 1, 2012, Illinois Governor Pat Quinn signed legislation (H.B. 3782) barring employers from requiring employees and job applicants to disclose user names and passwords linked to social networking websites. The new law means that Maryland and Illinois now have more in common than just being two states with the 5th highest tax burden in the United States – they are also the only two states to enact legislation prohibiting...
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What’s That Smell? ADA Requires Fragrance Accommodation

Kollman, Saucier, & Jackson
08/02/2012
Disability & Leave, Employment Discrimination
An Ohio county government employee had asthma and a severe chemical sensitivity to certain perfumes and fragrances.  In 2008, she began to experience problems breathing at work when working near co-workers wearing Japanese Cherry Blossom perfume.  She asked her employer to ask the co-workers to stop wearing fragrances.  The county did not and the employee’s symptoms and reactions worsened.  In February 2010, she actually had to seek emergency...
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NLRB Prohibits Employer from Disciplining Employees for Discussing Workplace Investigation

Kollman, Saucier, & Jackson
08/01/2012
Labor Law
Many employers tell employees who participate in investigations into workplace misconduct that they cannot discuss the investigation with co-workers while the investigation is ongoing. The rationale behind such rules is that it protects the integrity of the investigation and prevents witness collusion. Unfortunately, a recent decision from the National Labor Relations Board (“NLRB”) held that such a rule violates the National Labor Relations Act...
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Title VII is Not Exclusive Remedy for Discrimination Claims by Public Employees

Kollman, Saucier, & Jackson
07/27/2012
Employment Discrimination, Public Sector Employment Law, Sexual Harassment
By Eric Paltell  Unlike private sector employees, persons employed by state and local governments have workplace rights conferred upon them by the United States Constitution. A recent court decision from the United States Court of Appeals for the Eighth Circuit held that these Constitutional rights allow public sector employees to pursue discrimination claims even if they have not filed claims under Title VII of the Civil Rights Act of 1964. Henley...
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New Lactation Law May Provide Basis for Retaliation Claim

Kollman, Saucier, & Jackson
07/25/2012
Litigation, Wage & Hour
By Eric Paltell One of the more obscure provisions of the Patient Protection and Affordable Care Act (a/k/a “Obamacare”) amends the Fair Labor Standards Act (“FLSA”) to require employers to provide break time and a private place for employees to express breast milk for nursing children.  Although the amendments did not expressly give employees a right to sue employers who do not comply with the law, a recent federal court decision holds...
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I Won’t Take That Sitting Down

Kollman, Saucier, & Jackson
07/06/2012
Disability & Leave, Employment Discrimination
The EEOC decided to file suit against a Rite Aid store who would not permit one of its cashiers with bad knees to sit for half of her shift. The store ultimately fired the cashier for being unable to perform the essential functions of her position. The EEOC and the cashier had suggested that the cashier be permitted to sit for 30 minutes of every hour that she worked. The trial court disagreed, finding such a request “per se” unreasonable under...
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