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More That’s New in Labor Law

Kollman & Saucier
04/11/2022
Agency Activity, Labor Law, Union Activity
It has been a big last few weeks in labor law circles.  First, Amazon got unionized in New York by a little-known independent union that didn’t even exist 18 months ago.  President Biden expressed support for the unionizing of Amazon workers saying “Amazon, here we come” in a recent speech.   The President, of course, has been and continues to be a strong supporter of unions. But, as reported in the New York Times, “organized labor has...
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Something Smells Funny in this FMLA Case

Kollman & Saucier
02/18/2022
FMLA
The internet is for … looking stuff up.  Sometimes I become interested in the possible back story of a case that, on it’s face, seems boring.  That’s what happened today. A recent FMLA case (yes, it’s time to begin my book update) seemed pedestrian enough:  a federal court denied the employer’s motion to dismiss the FMLA claims of an employee who alleges he was denied benefits and disciplined in violation of the Act.  Diorio v. City of...
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A Close Shave (or not) for the “Ministerial Exception”

Kollman & Saucier
02/14/2022
Religious Discrimination
Over the past 10 years, the Supreme Court has repeatedly taken a deep dive into the Venn diagram overlap of balancing anti-discrimination laws against “freedom of religion” under that pesky First Amendment’s “church and state” thing. Relevant to our topic today, the Court addressed the scope of the “ministerial exception” in Hosanna-Tabor Evangelical Lutheran Church & Sch. v. EEOC, 565 U.S. 171 (2012) and reaffirmed it in Our Lady...
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Waiting Too Long to Sue Sinks Case

Kollman & Saucier
12/22/2021
Employment Discrimination
I am not a procrastinator by nature, although some of my closest friends (and a few family members) are.  For me, waiting until the last minute to get something done is just irritating and anxiety provoking.  But enough oversharing.   My point is that, waiting until the last minute to accomplish a task can have a negative outcome. That is what happened to Brian Lax, a former FEMA employee who sued for disability discrimination.  Lax v. Mayorkas...
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Invalid RIF Agreement Results in Big Plaintiff Verdict

Kollman & Saucier
12/20/2021
Age Discrimination
Back when I was a baby lawyer in the mid-1980s, I remember a client who assured us that, contrary to our advice, what the client wanted to do was legally just fine.  “But it’s not what the law permits” we said.  “It’s what [very large company name redacted] does,” was the reply.  “And [very large company name redacted] just got hit with a multi-million dollar verdict against it for doing it,” we rejoined, “so do you want that...
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Eric Paltell Presents on Collective Bargaining at Virginia Association of Counties Meeting

Kollman & Saucier
12/09/2021
Labor Law, Public Sector Employment Law, Virginia Employment Law
On May 1, 2021, Virginia's new law permitting local governments to enact collective bargaining legislation for employees took effect. On November 15, 2021,  K&S Partner Eric Paltell joined Virginia Senator Jennifer Boysko, Loudoun County Administrator Tim Hemstreet, and attorney Cynthia Hudson on a panel discussing the new law at the Virginia Association of Counties Annual Meeting in Norfolk.  Eric's presentation focused on steps...
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No Negligence in Maskless Temperature Check

Kollman & Saucier
10/21/2021
COVID-19
Not a day goes by for me without inquiries from clients about dealing with vaccine mandates, employee exemptions, government executive orders, testing protocols, and discipline for those employees who fail to follow the rules.   I feel a bit like Bill Murray in Groundhog Day.  Nearly all of these questions focus on the hypothetical employee who has refused to get vaccinated “just because” and the employer’s response to that...
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Alleged Harassment Lets FMLA Claim Proceed

Kollman & Saucier
10/18/2021
Disability & Leave, FMLA
The Family and Medical Leave Act (FMLA) provides that use of FMLA leave cannot be used as a “negative factor” in employment actions designed to discourage an employee from taking leave.  See 29 C.F.R. § 825.220 (b) and (c). There are two types of FMLA claims: “interference” and “discrimination/retaliation” claims.  Courts have rejected the notion that the FMLA – unlike Title VII or the ADEA – provides for a “hostile work...
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“Paramour Preference” Is Not a Title VII Violation, says Ninth Circuit

Kollman & Saucier
08/25/2021
Employment Discrimination, Sex Discrimination, Sexual Harassment
When I lectured on sex discrimination and harassment to my law school students, I’d pose the following question:  “does the person who didn’t (consensually) date the boss and who then didn’t get promoted have a claim for discrimination or harassment?  No?  But what if I just never got the chance to date them?  I mean, I would have been willing to do so if I’d known that might help me advance or keep my job.”  While some students...
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The COVID Cases are Coming, the COVID Cases are Coming!

Kollman & Saucier
08/23/2021
COVID-19, FMLA, Virginia Employment Law
And so it has begun.  Unless you just arrived from another planet, you know that we’ve been in COVID world for about 18 months.  The lawsuits involving employee behavior, and employer reactions to that behavior, during the pandemic are being filed and decided in state and federal courts.  Here’s one where a physician assistant’s (PA) unprofessional behavior in the early months of COVID led to his termination.  Unwilling or unable to accept...
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