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

Federal Court Issues Nationwide Order Blocking New Overtime Rule

Kollman, Saucier, & Jackson

11/23/2016

Agency Activity, Legislative Developments, Wage & Hour

Employers received something to be thankful for late yesterday afternoon, when a federal judge in Texas issued a nationwide preliminary injunction against the Obama Administration’s overtime rules that were scheduled to take effect on December 1. With the Trump Administration set to take office on January 20, 2017, there is a significant chance the new rules will never take effect. A brief FLSA refresher: employers are ordinarily required to pay...

Kollman, Saucier, & Jackson

11/23/2016

National Origin

On November 21, 2016 the Equal Employment Opportunity Commission (EEOC or Commission) issued new enforcement guidance on national origin discrimination. See https://www.eeoc.gov/laws/guidance/national-origin-guidance.cfm. The EEOC is updating a section of its Compliance Manual first drafted in 2002, largely in response to an increase in religious and national origin discrimination claims after the 9/11 attacks. The new Guidance comes at a time...

Kollman, Saucier, & Jackson

10/14/2016

Wage & Hour

“Take me out to the ballgame Take me out with the crowd Buy me some peanuts and Cracker Jacks I don’t care if I never get back…” Since 1908 (incidentally, the last year a certain Chicago team won the World Series), baseball fans have regularly sung this anthem as part of the stadium experience. What nobody could have anticipated at the time, however, was how to treat the employees who sell those peanuts, Cracker Jacks, and team-related...

Kollman, Saucier, & Jackson

08/25/2016

Labor Law

School is nearly back in session. But rather than be satisfied with some new pens and notebooks, the NLRB’s “back to school list” is huge. First, there was announcement of the Board’s decision in Columbia University, 364 NLRB No. 90 (Aug. 23, 2016) that graduate students are employees and can form unions. The Board’s 3-1 decision reversed a 2004 decision that held just the opposite. Second, the Board released decisions in Seattle...

Kollman, Saucier, & Jackson

08/24/2016

Direct Evidence, Employment Discrimination

In an effort to clarify the way discrimination claims are evaluated by judges in the Circuit, the Court of Appeals for the Seventh Circuit has overruled Circuit precedent requiring employees to prove allegations through either a “direct” or an “indirect” method that showed a “convincing mosaic” of discrimination. Ortiz v. Werner Enters., Inc., 2016 U.S. App. LEXIS 15284 (7th Cir. Aug. 19, 2016). The underlying facts of the case are...

Kollman, Saucier, & Jackson

08/12/2016

Wrongful Discharge

The public debate about the breadth of the Second Amendment remains ongoing and a subject that provokes deeply held passions and beliefs on both sides -- including recent comments on the topic by a certain presidential candidate. Amidst this debate, the Fifth Circuit Court of Appeals held this week that an employee who was terminated for bringing a gun to work may bring a lawsuit for wrongful discharge under Mississippi law. Swindol v. Aurora...

Kollman, Saucier, & Jackson

08/10/2016

Employment Discrimination

One of the bedrock principles of employment law is that discrimination based on protected status (race, national origin, sex, etc.) is illegal under Title VII only if it affects an individual’s “compensation, terms, conditions, or privileges of employment[.]” 42 U.S.C. § 2000e-2(a). This is often referred to as the adverse action requirement. The adverse action requirement is usually met without difficulty – for example, where an...

Kollman, Saucier, & Jackson

07/15/2016

Employment Discrimination, Sexual Harassment

As the second half of the Major League Baseball season begins tonight (with thanks to Zach Britton, Matt Wieters, and the rest of the Orioles All-Stars for helping to win World Series home-field advantage for the AL), the First Circuit offered another reminder that baseball doesn't always mix well with the workplace. Burns v. Johnson, No. 15-1982 (1st Cir. July 11, 2016). Kathleen Burns began working for the Transportation Security Administration...

Kollman, Saucier, & Jackson

07/14/2016

Disability & Leave, Retaliation

As courts have observed, the Americans with Disabilities Act (ADA) provides a “most favored nation” status to the millions of us who have physical or mental impairments. Though the law provides a benefit (reasonable accommodation) to disabled individuals that is not required to be given to the general public, this benefit is not without limitations. For example, as the Tenth Circuit recently affirmed, an individual with a disability must...

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Federal Court Issues Nationwide Order Blocking New Overtime Rule

New EEOC Guidance on National Origin Discrimination

Baseball Stadium Workers Not Owed Overtime

Colleges and Universities on Labor Board’s Hit Parade This Week

“Direct” v. “Indirect” Discrimination Tests: Seventh Circuit Says There’s No Difference

Fifth Circuit Holds That Firing For Having Gun at Work May Be Wrongful Discharge

Denial of Lateral Transfers Not “Adverse Action” Under Title VII

Court Finds Supervisor's Harassing Behavior To Be Outside the Baselines

Colorado Truck Driver Fails to Climb ADA Proof Hurdle

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Author: Kollman, Saucier, & Jackson

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