The Employment Brief | Employment Law | Kollman & Saucier, P.A.

A Good Walk Spoiled: Golf Outing Sinks FMLA Claim

Darrell VanDeusen

05/07/2018

Honest belief” cases can be difficult for an employer to win on summary judgment. The concept is that, even if the employer was wrong, it honestly believed that an employee should have been fired, so there was no intent to discriminate. FMLA honest belief cases are among the most interesting. On one hand, there are lots of things an employee on FMLA leave may still be able to do while complying with the requirements of his or her leave. You...

Kollman & Saucier

04/25/2018

Employment Discrimination, Pregnancy Discrimination

A recent decision from the Sixth Circuit Court of Appeals provides a reminder that authorized leave -- such as maternity leave -- does not insulate an employee from termination for poor performance and other inappropriate conduct. Bailey v. Oakwood Healthcare, Inc., Case No. 17-2158 (6th Cir. Apr. 23, 2018) (unpublished). Michelle Bailey worked as a senior staffing professional for Oakwood Healthcare, Inc. Nearly eight months into her tenure...

Kollman & Saucier

04/25/2018

Employment Discrimination

An employee cannot be discharged from a position he never held. That is the simple takeaway from a recent decision from the United States District Court for the District of Maryland. Mance v. Owings Mills Autos, LLC, Civil No. JKB-17-2222 (D. Md. Apr. 19, 2018). The plaintiff alleged that he had worked for Northwest Honda as a car salesman and then as a Used Car Manager. In 2016, Owings Mills Autos (“OMA”) purchased Northwest Honda. The...

Kollman & Saucier

04/20/2018

Employment Discrimination

Earlier this week, a Maryland federal court issued an opinion permitting the EEOC to proceed in a case of discrimination against several Hispanic former employees of an Edgewater carwash. United States EEOC v. Phase 2 Invs. Inc., 2018 U.S. Dist. LEXIS 65719 (D. Md. Apr. 17, 2018). The EEOC alleges that the carwash discriminated against several Hispanic former workers by “relegating” them to lower positions, denying them overtime and...

Kollman & Saucier

04/16/2018

Legislative Developments, State Law, Wage & Hour

Disconnecting from work may be à la mode. And no, I do not mean topped with ice cream. Rather, it appears that laws restricting or prohibiting employers from requiring employees to check work e-mails after work hours could be catching. Last year, a law in France granting employees a “right to disconnect” from work went into effect. The law requires covered employers (companies with more than 50 employees) to ensure that their...

Kollman & Saucier

04/13/2018

Sexual Harassment, State Law

The Maryland General Assembly ended its session this week with approval of House Bill 1342, legislation aimed at strengthening policies for the investigation and resolution of sexual harassment complaints involving members of the State lawmaking community. The Bill is designated emergency legislation. If Governor Hogan signs as expected, it will become effective immediately. A report released earlier this year by the Maryland Women’s Caucus...

Kollman & Saucier

04/11/2018

Disability & Leave

The Eleventh Circuit held this past week that an employee couldn’t show disability discrimination when Chipotle fired her for violating its zero-tolerance inebriation policy, despite evidence that the employee’s conduct was a result of prescription medication taken for a disability. Caporicci v. Chipotle Mexican Grill, Inc., No. 16-13494 (11th Cir. 4/5/18). In this case, Plaintiff Caporicci was hired by Chipotle in July 2012. After a year of...

Kollman & Saucier

04/06/2018

Class Actions, Employment Discrimination, Hiring Process, Race Discrimination

Target has quite the bill to pay. As a result of alleged discriminatory hiring practices, premised upon Target's use of criminal background screening in a manner that had a disproportionate impact on minorities, Target Corp. will pay $3.74 million, and give priority hiring opportunities to black and Latino job applicants, to resolve claims that its criminal background check policy illegally excluded thousands of minority applicants from employment...

Kollman & Saucier

04/04/2018

Supreme Court Decisions, Wage & Hour

On April 2, 2018, the Supreme Court, with its second consideration of the same case, held in a 5-4 decision, that automobile service advisors are exempt from overtime under the Fair Labor Standards Act (FLSA). In Encino Motorcars, LLC v. Navarro, the Supreme Court held that service advisers fall under the FLSA exemption applicable to “any salesman, partsman, or mechanic primarily engaged in selling or servicing automobiles, trucks, or farm...

Kollman & Saucier

03/28/2018

Employee Benefits, ERISA

On March 15, 2018, the United States Court of Appeals for the Fifth Circuit vacated the Department of Labor’s Fiduciary Rule. The Fiduciary Rule (which is actually seven different rules promulgated by the Department of Labor) imposed heightened standards on retirement investment advisors, and expanded the definition of fiduciary under ERISA. The Rule went into effect on June 9, 2017, with a transition period until January 1, 2018. After...

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A Good Walk Spoiled: Golf Outing Sinks FMLA Claim

Falsified Application and Poor Performance Doom Discrimination and Retaliation Claims

No Discriminatory Discharge Of Plaintiff Who Was Not Employee

Undocumented Workers May Seek Relief Under Title VII

New York City Introduces Disconnecting From Work Law

Maryland General Assembly Strengthens Internal Sex Harassment Rules

No ADA Claim For Chipotle Employee Terminated Over Prescription Drug Reaction

Target Finally Moving Out Of The Cross-Hairs Of Criminal History Hiring Discrimination Lawsuit

No Overtime This Time... Supreme Court Holds Service Advisors Are Exempt Under The FLSA

Fifth Circuit Vacates DOL Fiduciary Rule

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