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

Fourth Circuit Tosses NLRB’s “Worker Rights” Posting Requirement

Kollman, Saucier, & Jackson

06/18/2013

The Fourth Circuit has agreed with the D.C. Circuit that the National Labor Relations Board exceeded its authority by promulgating a 2011 regulation that required employers to post a notice on worker rights in its recent decision in Chamber of Commerce v. NLRB, 2013 U.S. App. LEXIS 12034 (4th Cir. June 14, 2013). This decision affirmed the district court's opinion that the National Labor Relations Act does not authorize or empower the Board to...

Kollman, Saucier, & Jackson

02/18/2013

Damages, Retaliation, Wage & Hour

Is it a requirement to award liquidated damages in a wage and hour retaliation case? The question has been raised before and rejected. It has now been rejected again. This time, in Moore v. Appliance Direct, Inc., 2013 U.S. App. LEXIS 3047 (11th Cir. Feb. 13, 2013), the Eleventh Circuit held that the plain language of the Fair Labor Standards Act (FLSA) makes the award of liquidated damages discretionary and agreed with the Sixth and Eighth...

Kollman, Saucier, & Jackson

02/07/2013

Agency Activity, FMLA

On the 20th Anniversary of the Family and Medical Leave Act (FMLA), the DOL issued its final regulations on Servicemember FMLA and on Flight Crew eligibility. There was little outcry about these changes to the regulations. The changes take effect 30 days from their publication in the February 6, 2013 Federal Register, which republished all of the FMLA regulations, as well as the changes. You can find them through this...

Kollman, Saucier, & Jackson

01/31/2013

FMLA

The burden of proof in interference claims under the Family and Medical Leave Act (FMLA) is one that divides the federal appellate courts. But not enough, it appears, to warrant Supreme Court review. On January 14, 2013, the Supreme Court denied a petition for a writ of certiorari in Thomsen v Stantec, Inc., , 2013 U.S. LEXIS 751 (Jan. 14, 2013), which sought to have the Court consider the issue. Thomsen was an electrical engineer for Stantec....

Kollman, Saucier, & Jackson

12/03/2012

Employment Discrimination, Litigation

I love to read Judge Richard Posner’s opinions and agree with most of them. He is probably the most significant non-Supreme Court Justice in the country. But a recent decision of his from the Seventh Circuit leaves me contemplating the potential for abuse by crafty plaintiffs. In Begolli v Home Depot, 2012 U.S. App. LEXIS 24546 (7th Cir. November 29, 2012), the court returned a pro se plaintiff’s case to the district court for a trial on...

Kollman, Saucier, & Jackson

09/27/2012

Employment Discrimination, Retaliation, Sexual Harassment

It is football season, so apparently it is time to revisit the issue of the workplace buttocks slap. Justice Scalia noted in Oncale v. Sundowner Offshore Services, 523 U.S. 75 (1998), when discussing whether an employee might find certain workplace behavior “objectionably offensive,” that a professional football player would not be embarrassed or harassed if his coach smacks him on the buttocks as he heads out onto the field. This same...

Kollman, Saucier, & Jackson

09/26/2012

Employment Discrimination, Litigation

It’s pretty well recognized that a plaintiff needs to file a lawsuit within 90 days of her receipt of a notice of right to sue from the EEOC. The timing requirement applies even if the recipient was not the plaintiff, but the plaintiff’s lawyer, according to the First Circuit. Affirming summary judgment to Fondo del Seguro del Estado, Puerto Rico’s State Insurance Fund, the court held that Advilda Loubriel did not present sufficient...

Kollman, Saucier, & Jackson

09/14/2012

Disability & Leave, Employment Discrimination

There is a Circuit split regarding whether Title II of the Americans with Disabilities Act (ADA) applies to employment discrimination claims. Compare Zimmerman v. Oregon DOJ, 170 F.3d 1169, 1182–84 (9th Cir. 1999) (does not) with Bledsoe v. Palm Beach Cty. Soil & Water Conservation Dist., 133 F.3d 816 (11th Cir. 1998) (does too). In the 1990s, other Circuits generally applied Title II to employment discrimination claims without analysis. ...

Kollman, Saucier, & Jackson

09/14/2012

Disability & Leave

A federal district court in Michigan has granted summary judgment to an employer that denied an employee’s request to work at home because of her irritable bowel syndrome. EEOC v. Ford Motor Co., 2012 U.S. Dist. LEXIS 128200 (E.D. Mich. Sept. 10, 2012). This case was brought under the Americans with Disabilities Amendments Act (ADAAA), which significantly expanded the scope of protections for disabled. Even so, the decision shows that the law still...

Kollman, Saucier, & Jackson

09/12/2012

Labor Law, Public Sector Employment Law

So, school is out for children in the Chicago Public Schools (CPS) - the nation’s third largest school district - and it looks like it will be for the foreseeable future. The Chicago Teachers Union continues to strike and has stated that, despite the offer of a huge 16% pay increase over four years, the parties are far apart in reaching a contract. It has been 25 years since there was a teacher strike in Chicago. Even more interesting, the union...

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Fourth Circuit Tosses NLRB’s “Worker Rights” Posting Requirement

Liquidated Damages In FLSA Retaliation Claims Are Not Mandatory

Department of Labor Issues Revised FMLA Regulations

Supreme Court Denies Review On FMLA Interference Burden Of Proof

Timeliness of Title VII Action to be Decided by the Jury

Buttocks Slap Not Harassment; Complaint Not Protected Activity; Termination Not Retaliation. Really.

90 Day Right to Sue Requirement Runs from Time Lawyer Got Notice, First Circuit Says

Tenth Circuit Holds that ADA Title II Does Not Apply to Employment Claims

Working From Home Is Not Necessarily A Reasonable Accommodation

What Did You Learn in School Today Johnny? Oh, That’s Right, There’s No School...

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Author: Kollman, Saucier, & Jackson

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