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

More DOL Guidance On The PUMP Act

Kollman & Saucier

06/06/2023

In this third blog post on the PUMP Act (my earlier posts can be read here), I share the key takeaways from the Department of Labor's (DOL) recently released Field Assistance Bulletin that provides additional clarification on how this new law is to be applied. As a reminder, the PUMP Act (the Act) expands lactation protections for nursing mothers under the Fair Labor Standards Act, in that employers are required to provide nursing mothers with a...

Kollman & Saucier

05/26/2023

Employment Discrimination, Race Discrimination, Wrongful Discharge

You may recall an event in Central Park in mid-2020 that involved a woman who called the police when she encountered a birdwatcher. The birdwatcher was Black. The woman was white. Video of the incident went viral. I’ll spare you the link, but it’s still available (isn’t everything) with a quick search of “Central Park Karen,” as the incident became known. Amy Cooper was walking with her dog off leash in the Bramble, which is...

Kollman & Saucier

05/22/2023

Reasonable Accommodations/Undue Burden, Religious Discrimination

I (he/him) grew up in a small farm town in Western New York. I represent a number of institutions of higher education, as well as a number of faith-based non-profits. So, when an article was printed in last Friday’s New York Times that merged those things together? That’s like chocolate and peanut butter; it got my attention. This blog looks at reports of the recent firing of two employees at Houghton University. At this point it is...

Kollman & Saucier

04/05/2023

FMLA

It’s that time of year when I update my treatise on FMLA/Wage & Hour Law (available as a part of the Labor and Employment Law multi-volume series published by Lexis/ Nexis). But enough gratuitous self-promotion. The FMLA turns 30 years old this year. It remains hard to argue with the Congressional intent of a desire to “balance workplace and family.” And, as FMLA jurisprudence has matured over the years, there are now not many...

Kollman & Saucier

04/03/2023

Disability & Leave, Reasonable Accommodations/Undue Burden

Anyone who has engaged in the ADA’s interactive process to provide a “qualified individual with a disability” (meaning that the individual has a “mental or physical impairment” that “substantially limits one or more major life activities”) with a “reasonable accommodation” that does not involve an “undue hardship” to enable them to perform the “essential functions of the job” knows just how challenging that task can be....

Kollman & Saucier

02/10/2023

Labor Law

The turn of the phrase “labor pains” when talking about union organizing is now an old, trite (and stupid, while meant to be humorous) expression. But it’s one I heard used regularly when I was a baby lawyer in the mid-1980s. K&S posted a number of blogs in 2022 regarding the new wave of union organizing. Moreover, a quick inquiry to your favorite search engine will show you that there is a resurgence in organizing. It has not...

Kollman & Saucier

02/07/2023

Whistleblowers

I don’t often take a deep dive into the False Claims Act. But a recent case got my attention. That’s because I am both a (former adjunct) professor and a scuba diver. So, when those issues converge in a lawsuit what else can I do but write about them. United States v. Parsons-Hietikko, 19-cv-7705-RA (S.D.N.Y. Jan. 27, 2023). First, let’s talk about what we’re talking about. The federal False Claims Act, 37 U.S.C. §3729 et seq....

Kollman & Saucier

12/29/2022

Labor Law

The National Labor Relations Board (NLRB) came out with a bunch of year-end decisions, some of which were blogged about by my friend and partner Eric Paltell on this site a couple of weeks ago. Put gently, none of these decisions could be considered “employer-friendly.” Here’s another one. On its last day before the winter break, the NLRB held, in a 2-1 decision, that an employer committed an unfair labor practice (ULP) by refusing to...

Kollman & Saucier

12/26/2022

Uncategorized

t’s the season of merriment and good cheer, right? Well, not if you are an attorney who (or if you work for a law firm that) has sued MSG Entertainment – the folks who run Madison Square Garden and Radio City Music Hall, as well as other venues in New York City and elsewhere. According to an article on the New York Times website last Thursday (in the print edition on Friday, December 23, 2022),...

Kollman & Saucier

11/10/2022

Wage & Hour

It’s that time of year when I update my FMLA/Wage and Hour treatise (available as a part of the Lexis/Nexis Labor and Employment Law set). I am still surprised by stuff I learn for the first time when I do this. For example, I had never thought about something called “gap time.” So, maybe it’s something new (and possibly of interest) to you as well. The FLSA requires employers to pay non-exempt employees both a minimum wage and...

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More DOL Guidance On The PUMP Act

The Difference Between Race and Racism

Pronouns Present Problems? Please.

Employers: Probably How Not to Win a FMLA Case

“Most Qualified” v. ADA Accommodation: Who Wins?

What to Expect When you are Expecting: Labor Pains

Let’s See if Nemo is HIV Positive

You Quit? That’s An Unfair Labor Practice Says NLRB

Santa’s Naughty List Said “No Rockettes for You!”

Mind the Gap Please

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Author: Kollman & Saucier

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