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

Court Orders Arbitration in FMLA Termination Case

Darrell VanDeusen

10/26/2017

The question of whether and when an employer can compel an employee who is suing it to arbitrate her case rather than proceed in court depends upon the terms of the agreement between the parties. In Mason v. Athletic & Therapeutic Inst. of Naperville, 2017 U.S. Dist. LEXIS 173046 (S.D. Ind. Oct. 19, 2017), a federal district court told the former employee of an Indiana sports therapy clinic that arbitration is the proper forum for her...

Darrell VanDeusen

10/24/2017

Employment Discrimination

As every first year law student learns, when a party files a lawsuit in federal court, the expectation is that sufficient facts will be alleged to state a claim upon which relief can be granted. When this does not occur, a defendant may file a motion to dismiss the lawsuit under Federal Rule of Civil Procedure 12(b)(6). Seems simple enough, but it is not. On one hand, there’s the Supreme Court’s decision in Swierkiewicz v. Sorema N.A., 534...

Kollman & Saucier

10/23/2017

First Amendment Protections, Political Appointments, Public Sector Employment Law

Keri Borzilleri, a former high-ranking Assistant State’s Attorney (ASA) who worked for nine years in the Baltimore City State’s Attorney’s office, was fired without cause just four days after Marilyn Mosby took office as the newly elected lead prosecutor in 2015. Though no explanation was publicly given, Borzilleri was likely terminated for having supported Mosby’s political opponent, Gregg Bernstein, during the election cycle. According to...

Kollman & Saucier

10/18/2017

Wage & Hour

Coffee and bathroom breaks are as much a part of the modern workplace as cubicles, desks, and printer problems. They are widely seen as a “win-win” scenario for both employees and employers. Employees who take a few minutes every so often to relieve themselves or boost their caffeine generally report being more alert and focused when they return to their work duties, and employers receive the benefits of a more efficient workforce when...

Kollman & Saucier

10/13/2017

Employment Discrimination, Sexual Orientation

The ink was still fresh on the DOJ’s October 4 memorandum recanting the federal government’s position that Title VII protects transgender individuals at work, as a drove of major U.S. businesses responded in opposition. In an amicus brief filed October 10, a group of 76 businesses and organizations demands equality in the workplace and urges the U.S. Supreme Court to grant certiorari in Evans v. Georgia Regional Hospital. Evans involves...

Kollman & Saucier

10/10/2017

Legal Developments, Legislative Developments

October is ordinarily marked by shorter days, cooler weather, vibrant foliage, and the start of the MLB postseason. Indeed, as the games began last week, the Trump administration made a triple play of its own sort with a series of major labor and employment law-related actions. Restoring a Stricter Joint Employer Standard On October 4, a House committee advanced the Save Local Business Act in order to constrict the definition of joint...

Kollman & Saucier

10/06/2017

Restrictive Covenants, Trade Secrets & Restictive Covenants

A case decided this week by a Maryland federal court highlights the importance of careful drafting when it comes to non-compete agreements. Allied Fire Protection, Inc. v. Huy Thai, No. 17-551 (D. Md. 10/2/17). In this case, Allied Fire Protection sought to enforce such an agreement when defendant Thai, a high-level employee, left to join Allied’s competitor. Specifically, the agreement prohibited Thai from directly or indirectly engaging in...

Kollman & Saucier

10/03/2017

Supreme Court Decisions

The 2017-2018 Supreme Court term could be a very significant one for employment law. With a newly constituted conservative majority, the Court is poised to decide three cases that will likely have far-reaching implications on public sector collective bargaining, class action litigation, and discrimination on the basis of sexual orientation. Are Class Action Waivers in Arbitration Agreements Legal? The Supreme Court kicked off its fall term on...

Kollman & Saucier

10/01/2017

Hostile Work Environment, Race Discrimination

In Castleberry v. STI Group, No. 16-3131 (3d Cir. 2017), the Third Circuit Court of Appeals held that a manager's one-time use of a racial slur, combined with his threat to fire a Black employee, could be enough to support a Section 1981 hostile work environment claim. Two Black laborers sued their staffing agency (STI) and the client location where they were placed (Chesapeake Energy Group) based on their treatment at Chesapeake. They were not...

Kollman & Saucier

09/27/2017

Disability & Leave, Reasonable Accommodations/Undue Burden

Employers with employees on leave often wrestle with the situation where the employee has exhausted all leave available under policy and statute, but are still not able to return to work and seek additional time off, usually supported by a doctor's note. While the FMLA or similar statutory leave may no longer be available, I know I am often discussing with my clients whether further leave should be offered due to potential reasonable accommodation...

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Email Updates

Court Orders Arbitration in FMLA Termination Case

EEOC Lawsuit Tossed for Lack of Factual Allegations

Baltimore Prosecutor Who Opposed Mosby’s Election Loses First Amendment Challenge

Employer With Flex-Time Policy Can’t Catch FLSA Break From Third Circuit

Business Community Responds to Administration's Transgender Discrimination Memorandum

The Trump Administration’s Triple Play

Case Dismissed: Judge Rules Allied Fire Can’t Compete in Court

Class Actions, Collective Bargaining and a Colorado Cakeshop: Why The Supreme Court’s Fall Term Matters for Employers

When One Word Is Too Much... Single Racial Slur May Support Hostile Work Environment Claim

In A Surprising ADA Plot Twist, The Seventh Circuit Affirms Additional Leave Is Not Always The Answer!

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