Animal Planet and the Law

Kollman, Saucier, & Jackson
07/13/2017
Part One - the Monkey Selfie case I read today about the Ninth Circuit argument held July 12 in Naruto v. David Slater, et al., No. 16-15469 (9th Cir.).  Known as the “monkey selfie” case, the matter involves a wild Celebes crested macaques (Naturo) who used a camera set up by a nature photographer to take a picture of herself.  The picture went viral on social media and brought fame to Naturo.  See, e.g.,...
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It’s That Scene from When Harry Met Sally…

Kollman, Saucier, & Jackson
07/05/2017
Last Sunday’s print New York Times’ article by Claire Cain Miller titled “When Job Puts Sexes Together, Workers Cringe” (found online as “It’s Not Just Mike Pence. Americans Are Wary of Being Alone With the Opposite Sex,” https://www.nytimes.com/2017/07/01/upshot/members-of-the-opposite-sex-at-work-gender-study.html), reminded me of a scene from When Harry Met Sally.  No, not THAT scene.  This scene: Harry: You realize, of course,...
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Maryland’s Minimum Wage $9.25/hour as of July 1, 2017; and a DOL Update

Kollman, Saucier, & Jackson
07/03/2017
Here’s a brief update on things Wage and Hour: Maryland Minimum Wage Rates Continuing the step increase in Maryland’s minimum wage passed by the General Assembly a few years ago, on July 1, the state minimum wage increased to $9.25/hour.   The final planned increase to $10.10/hour will occur on July 1, 2018.. July 1 also saw an increase in the minimum wage required to be paid in Montgomery County to $11.50/hour.   Prince George’s County...
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Employer Lawfully Fired Employee for Making Harassment Claim

Kollman, Saucier, & Jackson
06/16/2017
Sex, lies, but no videotape.  A Virginia restaurant was faced with this juicy but difficult harassment investigation involving several current and former employees.  After sorting out the sordid claims, the Fourth Circuit Court of Appeals held that employers who honestly believe, after investigation, that employees have made false harassment complaints are permitted to use their business judgment to discipline or terminate the person who they...
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Fourth Circuit Affirms Finding that Coal Mine Failed to Accommodate Fears of "Mark of the Beast"

Kollman, Saucier, & Jackson
06/14/2017
The balance between individual religious beliefs and technology in the workforce can be a tricky one to strike.  The Fourth Circuit recently addressed potential ramifications of failing to strike that balance appropriately in its decision in EEOC v. Consol Energy, Inc. No. 16-1406 (4th Cir. June 12, 2017). Beverly Butcher worked as a coal miner at the Robinson Run Mine in West Virginia for 37 years with no record of performance issues.  Butcher...
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Private Sector Comp Time Bill Passes the House

Kollman, Saucier, & Jackson
05/05/2017
Comp-time is a common practice in the public sector and has been regularly used by public sector employees since the FLSA was amended in 1985.   It is available in the private sector too, but the requirements in place for an employer to do it right make it nearly impossible to use.  Which is why private sector employers who want to follow the law don’t often try to use it. An effort is taking place in Congress to amend the FLSA.  The Working...
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Skip the Hackers, I’ll Take the Money Myself

Kollman, Saucier, & Jackson
05/04/2017
Ever wonder where union dues go?  Our last blog post involved a CWA chapter that got hacked for nearly a half million dollars.   But there was no need to fall for a Nigerian prince scam in Pittsburgh.   Apparently you can still getting money the old fashioned way - just take it. Boilermakers Local 154 claims that its former business manager embezzled nearly $1.5 million in member dues.  The union represents over 2,000 welders, pipefitters and...
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Help, I Am Stranded in a Remote Country With a Nigerian Prince Who Will Give You Millions

Kollman, Saucier, & Jackson
05/02/2017
Ever wonder where union dues go?  Maybe to some hackers in a foreign land.  We have repeatedly heard horror stories of email scams, hacks and the general badness out there on the internet.  Well, a chapter of the Communication Workers union in Connecticut got hacked for $438,000 and the social security numbers of over 1,000 members. Here’s what happened.  A payroll company handled the CWA’s finances and issued checks for the union.  The...
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D.C. Circuit Sticks Fork In Cook’s Retaliation Claims

Kollman, Saucier, & Jackson
04/20/2017
“Patience is a virtue,” the saying goes.  That principle was put to the test recently in a case before the United States Court of Appeals for the D.C. Circuit involving a long-tenured hotel cook who was terminated after being given (more than) his fair share of chances over the years.  Johnson v. Interstate Mgmt. Co., LLC, No. 14-7164 (D.C. Cir. Mar. 3, 2017). Robert Johnson worked as a cook at a Washington, D.C. hotel from 1996 until 2011. ...
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Not So Happy 420 Day: Court Upholds Dismissal of Pot-Selling Bartender

Kollman, Saucier, & Jackson
04/20/2017
On this 4/20, what could be more topical than a discussion of medical marijuana in the workplace?  As readers of this blog may recall, the subject has previously garnered our attention, given that it raises many sticky issues such as federalism, the business judgment rule, disability law, and the balance between employee privacy interests and employers’ interests in maintaining safe and healthy workplaces. The Current Legal Regime Governing...
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