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

D.C. Circuit Rejects Union’s In-Person, Voter ID Resignation Requirement

Kollman & Saucier

05/10/2018

Imagine this: the only way you can vote is if you show up in person and bring your ID with you. Otherwise voicing your will cannot and will not be accepted. In defense of such a rule, proponents say that the requirements are “merely procedural steps necessary to prevent fraud.” Those who oppose it say the requirements significantly burden the exercise of the protected rights of those who live some distance from the voting place or who lack...

Kollman & Saucier

05/09/2018

Labor Law

I have represented Colleges and Universities for 33 years and I love the work. I was an adjunct at the University of Baltimore Law School for 30 years and I loved that too. The unique things that happen in the world of higher education never cease to amaze me. So, through that lens, let’s take a look at a recent decision from the Third Circuit, which provides a variety of teachable moments regarding interaction among faculty, a university’s...

Kollman & Saucier

05/07/2018

Disability & Leave, FMLA

Honest belief” cases can be difficult for an employer to win on summary judgment. The concept is that, even if the employer was wrong, it honestly believed that an employee should have been fired, so there was no intent to discriminate. FMLA honest belief cases are among the most interesting. On one hand, there are lots of things an employee on FMLA leave may still be able to do while complying with the requirements of his or her leave. You...

Kollman & Saucier

04/20/2018

Employment Discrimination

Earlier this week, a Maryland federal court issued an opinion permitting the EEOC to proceed in a case of discrimination against several Hispanic former employees of an Edgewater carwash. United States EEOC v. Phase 2 Invs. Inc., 2018 U.S. Dist. LEXIS 65719 (D. Md. Apr. 17, 2018). The EEOC alleges that the carwash discriminated against several Hispanic former workers by “relegating” them to lower positions, denying them overtime and...

Kollman & Saucier

04/16/2018

Legislative Developments, State Law, Wage & Hour

Disconnecting from work may be à la mode. And no, I do not mean topped with ice cream. Rather, it appears that laws restricting or prohibiting employers from requiring employees to check work e-mails after work hours could be catching. Last year, a law in France granting employees a “right to disconnect” from work went into effect. The law requires covered employers (companies with more than 50 employees) to ensure that their...

Kollman & Saucier

03/09/2018

Employment Discrimination, Sexual Orientation

Amiee Stephens worked for a funeral home when she was known as Anthony Stephens. The funeral home is a closely held corporation, owned by a devout Christian. The funeral home itself, however, is not affiliated with a church and does not claim to have a religious purpose in its articles of incorporation. It is open every day, including Christian holidays, and it serves clients of all faiths. The short factual summary: when Stephens told the...

Kollman & Saucier

03/07/2018

FMLA

These days, it is unusual to see an appellate decision where an essential element of the claim is disputed. For example, it’s the rare Title VII case where the protected status of the plaintiff is in question (“no, your honor, we do not agree that the plaintiff has a race…”) or in a ADA case – after enactment of the Americans with Disabilities Amendments Act – where the issue of whether the plaintiff has a disability is at...

Kollman & Saucier

03/05/2018

Employment Discrimination, Pregnancy Discrimination

Channeling Rod Serling here. “Imagine if you will….” (for those readers too young to recognize the quote, check out “The Twilight Zone”). You are responsible for hiring a new employee. During the interview process, an applicant says, “by the way, I am pregnant.” How do you respond? I have used this hypothetical in employment law training sessions. The answer is always the same: “congratulations.” And leave it at...

Kollman & Saucier

02/21/2018

Disability & Leave, Exhaustion of Administrative Remedies, Legislative Developments, Reasonable Accommodations/Undue Burden

This past Thursday, the House of Representatives passed (by a vote of 225 to 192) the “ADA Education and Reform Act of 2017.” The bill is designed predominantly to alter the procedures that must be followed concerning alleged violations of the Americans with Disabilities Act (ADA) by public accommodations such as restaurants, hotels, movie theaters, and shopping malls. Since 1990, the ADA has barred public accommodations from depriving any...

Kollman & Saucier

02/16/2018

Agency Activity, Business Law, Wage & Hour

Prior to and during my college years, I supported myself by working as a server in restaurants. It was fast-paced, hard work with very long hours most of the time. Dealing with hungry and demanding diners also had its mentally exhausting moments. My restaurant job history is near and dear to my heart. So when I learned about the Department of Justice’s proposal to remove Obama-era regulations prohibiting certain employers...

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D.C. Circuit Rejects Union’s In-Person, Voter ID Resignation Requirement

Lawsuit over Adjunct’s use of Tenured Faculty’s Syllabus Fails Test

A Good Walk Spoiled: Golf Outing Sinks FMLA Claim

Undocumented Workers May Seek Relief Under Title VII

New York City Introduces Disconnecting From Work Law

Oh God: Sixth Circuit Reverses Funeral Home Win Over Transgender Employee

No Serious Health Condition? No FMLA Protection, says Eighth Circuit

What Not to Say to a Pregnant Job Applicant

U.S. House Votes To Amend ADA's Public Accommodations Requirements

FLSA Tip Regulations Facing Repeal By DOL

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Author: Kollman & Saucier

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