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

Puzder Nomination Likely Signals New Frontier for Employers

Kollman & Saucier

12/15/2016

Toward the end of last week, President-elect Trump nominated Andrew Puzder, the longtime President and CEO of the company behind Carl’s Jr. and Hardee’s restaurants, to be his Secretary of Labor. With Mr. Puzder expected to be confirmed next month, a review of his record suggests that the Labor Department will take a decidedly pro-employer turn in the incoming administration. (Meanwhile, outgoing Labor Secretary Tom Perez is rumored to be...

Kollman & Saucier

12/09/2016

Agency Activity

Last month, U.S. Citizenship and Immigration Services (USCIS) published a revised Form I-9, Employment Eligibility Verification, that employers must begin using January 22, 2017. Form I-9 is the form employers are required to complete for each new hire to verify an employee’s identity and eligibility to work in the United States. The revised Form I-9 is designed to be overall easier to complete electronically. Among other things, it’s...

Kollman & Saucier

12/07/2016

Business Law

Probably not if you’re like any other business. After all, ‘tis the season to boost company morale and show appreciation for staff with parties and time off and bonuses too! Below I offer a few tips for mitigating clean-up of the post-holiday legal mess these issues have the potential to create. Away with that Manger. Decorations are key to a festive atmosphere and there is no reason you should stop decking your office halls out of fear...

Kollman & Saucier

12/02/2016

Employment Discrimination, Sexual Orientation

The District of Columbia Office of Human Rights recently published a best practices guide for employers regarding transgender issues in the workplace: Valuing Transgender Applicants and Employees: A Best Practices Guide For Employers. Combined with earlier guidance from the EEOC on transgender bathroom access and LGBT discrimination, employers must not ignore this issue. The DCOHR guidance offers nine “best practices” for employers dealing...

Kollman & Saucier

12/01/2016

Agency Activity, Retaliation, Workplace Safety

The "third time's a charm" applies to even the federal government. The Department of Labor has not been able to get many ticks in the W column lately with both its Persuader Rule and Overtime Rule getting enjoined from implementation. Although attempts were made to enjoin these new reporting rules from becoming effective, yesterday, a trial judge denied issuing an injunction against OSHA's new reporting rules. So, as of today, employers are...

Kollman & Saucier

11/23/2016

Agency Activity, Legislative Developments, Wage & Hour

Employers received something to be thankful for late yesterday afternoon, when a federal judge in Texas issued a nationwide preliminary injunction against the Obama Administration’s overtime rules that were scheduled to take effect on December 1. With the Trump Administration set to take office on January 20, 2017, there is a significant chance the new rules will never take effect. A brief FLSA refresher: employers are ordinarily required to pay...

Darrell VanDeusen

11/23/2016

National Origin

On November 21, 2016 the Equal Employment Opportunity Commission (EEOC or Commission) issued new enforcement guidance on national origin discrimination. See https://www.eeoc.gov/laws/guidance/national-origin-guidance.cfm. The EEOC is updating a section of its Compliance Manual first drafted in 2002, largely in response to an increase in religious and national origin discrimination claims after the 9/11 attacks. The new Guidance comes at a time...

Kollman & Saucier

11/18/2016

Agency Activity, Labor Law, Union Activity

As we have previously reported, in March 2016, the United States Department of Labor modified its 54 year old “Persuader Rule,” which applies to communication with employees regarding union activity. The proposed revisions significantly restrict employer rights to be advised on how and what information can be disseminated to employees by providing burdensome reporting requirements on both the employer and the advisors -including...

Kollman & Saucier

11/15/2016

Employment Discrimination, Sexual Orientation

It was only a matter of time, which has now come to pass. In EEOC v. Scott Med. Health Ctr. (W.D. Pa. Nov. 4, 2016), trial judge Cathy Bissoon determined that the EEOC may pursue a claim that Scott Medical Health Center violated Title VII when it permitted a supervisor to harass a gay employee because of his sexual orientation to the point the employee felt compelled to resign. When the employer moved to dismiss the case, arguing that legal...

Kollman & Saucier

11/11/2016

Retaliation, Workplace Safety

In Koziara v. BNSF Railway Co., No. 16-1577 (7th Cir. Oct. 31, 2016), the Seventh Circuit Court of Appeals vacated a nearly half-a-million dollar jury award in favor a fired employee who alleged that he was terminated in retaliation for reporting a workplace injury. The decision reinforces the principal that an employee’s protected activity will not insulate him from employment decisions based on legitimate reasons. Michael Koziara worked for...

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Email Updates

Puzder Nomination Likely Signals New Frontier for Employers

Employers Must Begin Using Revised I-9 Form January 22, 2017

Holidays in the Workplace: Do You Fear What I Fear?

D.C. Office Of Human Rights Publishes Best Practices Guide On Transgender Rights

OSHA's New Reporting Rules Take Effect

Federal Court Issues Nationwide Order Blocking New Overtime Rule

New EEOC Guidance on National Origin Discrimination

Court Permanently Enjoins DOL Persuader Rule

Federal Court Finds Sexual Orientation Protected By Title VII

BNSF Railway Vindicated In Employee Termination Decision

Email Updates