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Baltimore Prosecutor Who Opposed Mosby’s Election Loses First Amendment Challenge

Kollman & Saucier
10/23/2017
First Amendment Protections, Political Appointments, Public Sector Employment Law
Keri Borzilleri, a former high-ranking Assistant State’s Attorney (ASA) who worked for nine years in the Baltimore City State’s Attorney’s office, was fired without cause just four days after Marilyn Mosby took office as the newly elected lead prosecutor in 2015. Though no explanation was publicly given, Borzilleri was likely terminated for having supported Mosby’s political opponent, Gregg Bernstein, during the election cycle. According to...
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Employer With Flex-Time Policy Can’t Catch FLSA Break From Third Circuit

Kollman & Saucier
10/18/2017
Wage & Hour
Coffee and bathroom breaks are as much a part of the modern workplace as cubicles, desks, and printer problems.  They are widely seen as a “win-win” scenario for both employees and employers.  Employees who take a few minutes every so often to relieve themselves or boost their caffeine generally report being more alert and focused when they return to their work duties, and employers receive the benefits of a more efficient workforce when...
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Business Community Responds to Administration's Transgender Discrimination Memorandum

Kollman & Saucier
10/13/2017
Employment Discrimination, Sexual Orientation
The ink was still fresh on the DOJ’s October 4 memorandum recanting the federal government’s position that Title VII protects transgender individuals at work, as a drove of major U.S. businesses responded in opposition. In an amicus brief filed October 10, a group of 76 businesses and organizations demands equality in the workplace and urges the U.S. Supreme Court to grant certiorari in Evans v. Georgia Regional Hospital.  Evans involves...
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The Trump Administration’s Triple Play

Kollman & Saucier
10/10/2017
Legal Developments, Legislative Developments
October is ordinarily marked by shorter days, cooler weather, vibrant foliage, and the start of the MLB postseason.  Indeed, as the games began last week, the Trump administration made a triple play of its own sort with a series of major labor and employment law-related actions. Restoring a Stricter Joint Employer Standard On October 4, a House committee advanced the Save Local Business Act in order to constrict the definition of joint...
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DOL Overtime Rules: More Useless but Important Information

Kollman & Saucier
08/30/2017
Agency Activity, Wage & Hour
You may recall that I blogged on the stalled DOL overtime rules a month or so ago, with the Trump DOL repeatedly asking for extensions to file a brief in the Fifth Circuit. In that brief,   administration lawyers told the Fifth Circuit that the DOL intends to revise the overtime rule and asked the court to affirm the DOL’s right to use salary levels to determine eligibility for overtime pay.   DOL lawyers stated that the Department will not...
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EEOC’s Wellness Program Rules Run into a Roadblock

Kollman & Saucier
08/28/2017
Agency Activity, Disability & Leave, Employee Benefits, Employment Discrimination
Healthcare in the U.S. is a hard issue.  And it’s expensive too.  Ok, you know that.  Years ago, some employers concluded that one way to reduce healthcare costs was to figure out who might get really sick and then either not hire them, or fire them.  Really a bad idea, and one that led to passage of the Genetic Information Non-Discrimination Act (GINA) and similar state laws. So, many employers looked to more “benign” ways to encourage...
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Google and the "Sevens"

Kollman & Saucier
08/22/2017
Employment Discrimination, Labor Law
Many of you have read or heard about the recent “Google memo” dispute.  An employee of the search engine company named James Damore circulated an internal ten-page memo to Google’s other employees that has since gone viral and created a great deal of public discussion, especially after Google fired him based on the views he expressed.    Regardless of what you may think of the views espoused by Mr. Damore in the memo, his conduct, and...
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Police Officers Not Entitled To Payment For Alleged Off-Duty Blackberry Use

Kollman & Saucier
08/16/2017
Wage & Hour
Discussions about the roles and duties of both police officers and electronic devices have consumed much of our collective attention these days.  Thus, it seemed particularly resonant to explore the interaction between the two, as the Seventh Circuit did recently in Allen v. City of Chicago.  No. 16-1029 (7th Cir. Aug. 3, 2017).  Specifically, what overtime obligations does an employer have when it instructs its workforce not to use their...
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The Saga Continues for Title VII and Transgender Identity

Kollman & Saucier
08/11/2017
Employment Discrimination, Gender Identity, Sex Discrimination, Sexual Orientation
Much like Star Wars fans anticipate the rolling out of Episode after Episode, I have observed the developing landscape of Title VII sex discrimination with the sort of excitement that ordinarily warrants a big tub of popcorn.  The most recent activity is no exception. Two weeks ago, we reported on the Department of Justice’s statement that sexual orientation is not – nor should be – a protected category under Title VII. Last week, the...
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Spider Bite Opens Up Major Wound for City

Kollman & Saucier
08/09/2017
Disability & Leave, Employment Discrimination, Reasonable Accommodations/Undue Burden
Reminding us of the importance of lawful employment policies (and sticking to them!), the U.S. District Court for the Middle District of Tennessee recently decided that an African-American former employee may proceed with his Title VII retaliation and ADA failure to accommodate claims against the City of Lewisburg, Tennessee.  La’Monn Harris v. The City of Lewisburg, Tennessee et al, No. 1:15-cv-00114, 2017 BL 265703 (M.D. Tenn. July 31,...
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