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

Department of Labor Issues New Minimum Wage for Federal Contractors

Kollman & Saucier

09/22/2017

On September 15, 2017, the Department of Labor issued a Notice setting forth the new minimum wage applicable to federal contractors covered by Executive Order 13658. Effective January 1, 2018, the hourly wage will increase from $10.20 per hour to $10.35 per hour. The wage rate for tipped employees will also increase to $7.25 per hour. Covered contractors must advise their employees of the increase. Executive Order 13658 applies to all...

Kollman & Saucier

09/19/2017

Agency Activity, Labor Law

On September 15, 2017, President Trump appointed Peter Robb to be General Counsel of the NLRB for a four year term. Robb is a management-side attorney, who had previously served as chief counsel to former NLRB Member Robert Hunter. The General Counsel decides what actions to bring before the NLRB, and also has the authority to dismiss charges. It is widely expected that Robb will roll-back guidance promulgated by President Obama’s General...

Kollman & Saucier

09/14/2017

Disability & Leave

Remember when President George W. Bush, when discussing nuclear weapons, pronounced the word “nuclear” as “nucular”? It is probably no surprise that reading ability is important when it comes to those who work with nuclear materials. It is also unsurprising that a reasonable accommodation may be appropriate for someone who works with nuclear materials, but who also has a disability. In Sanchez v. U.S. Dep’t of Energy, No. 16-2056 (10th Cir....

Kollman & Saucier

09/12/2017

Employment Discrimination, Pregnancy Discrimination

In Young v. UPS, Inc., the Supreme Court concluded that an employee who alleges that the denial of an accommodation amounted to disparate treatment under the Pregnancy Discrimination Act (PDA) may set forth a prima facie case by showing that she belongs to PDA’s protected class, she sought an accommodation, the employer refused to provide an accommodation, and the employer accommodated others “similar in their ability or inability to work.” ...

Kollman & Saucier

09/05/2017

Agency Activity, Wage & Hour

Barely more than 24 hours after we published a blog telling you there was little new to report on the Department of Labor's proposed changes to overtime regulations, something big happened: a federal judge in Texas struck the proposed rules down. Granting summary judgment to more than 55 business groups that challenged the rule, Judge Amos Mazzant ruled that the drastic increase in the salary required to be exempt -- from $23,660 to $47,476 - was...

Darrell VanDeusen

08/30/2017

Agency Activity, Wage & Hour

You may recall that I blogged on the stalled DOL overtime rules a month or so ago, with the Trump DOL repeatedly asking for extensions to file a brief in the Fifth Circuit. In that brief, administration lawyers told the Fifth Circuit that the DOL intends to revise the overtime rule and asked the court to affirm the DOL’s right to use salary levels to determine eligibility for overtime pay. DOL lawyers stated that the Department will not...

Darrell VanDeusen

08/28/2017

Agency Activity, Disability & Leave, Employee Benefits, Employment Discrimination

Healthcare in the U.S. is a hard issue. And it’s expensive too. Ok, you know that. Years ago, some employers concluded that one way to reduce healthcare costs was to figure out who might get really sick and then either not hire them, or fire them. Really a bad idea, and one that led to passage of the Genetic Information Non-Discrimination Act (GINA) and similar state laws. So, many employers looked to more “benign” ways to encourage...

Kollman & Saucier

08/22/2017

Employment Discrimination, Labor Law

Many of you have read or heard about the recent “Google memo” dispute. An employee of the search engine company named James Damore circulated an internal ten-page memo to Google’s other employees that has since gone viral and created a great deal of public discussion, especially after Google fired him based on the views he expressed. Regardless of what you may think of the views espoused by Mr. Damore in the memo, his conduct, and...

Kollman & Saucier

08/16/2017

Wage & Hour

Discussions about the roles and duties of both police officers and electronic devices have consumed much of our collective attention these days. Thus, it seemed particularly resonant to explore the interaction between the two, as the Seventh Circuit did recently in Allen v. City of Chicago. No. 16-1029 (7th Cir. Aug. 3, 2017). Specifically, what overtime obligations does an employer have when it instructs its workforce not to use their...

Kollman & Saucier

08/11/2017

Employment Discrimination, Gender Identity, Sex Discrimination, Sexual Orientation

Much like Star Wars fans anticipate the rolling out of Episode after Episode, I have observed the developing landscape of Title VII sex discrimination with the sort of excitement that ordinarily warrants a big tub of popcorn. The most recent activity is no exception. Two weeks ago, we reported on the Department of Justice’s statement that sexual orientation is not – nor should be – a protected category under Title VII. Last week, the...

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Email Updates

Department of Labor Issues New Minimum Wage for Federal Contractors

President Trump Appoints Peter B. Robb to NLRB General Counsel Post

Nuclear, Nucular, and Reasonable Accommodations

Failure to Accommodate Breastfeeding Police Officer Costs Alabama City

DOL Overtime Rules: This Time, We Have Something to Report

DOL Overtime Rules: More Useless but Important Information

EEOC’s Wellness Program Rules Run into a Roadblock

Google and the "Sevens"

Police Officers Not Entitled To Payment For Alleged Off-Duty Blackberry Use

The Saga Continues for Title VII and Transgender Identity

Email Updates