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

What A Trump Presidency May Mean For The U.S. Workplace

Kollman & Saucier

11/10/2016

The unexpected election of Donald Trump to the Presidency on Tuesday raises many questions for employers and employment lawyers. At the federal level, Mr. Trump has indicated in one form or another that he intends to change the American workplace. What follows is by no means an all-inclusive list, it merely reflects some of the areas on which Mr. Trump has commented. Time will tell what he will accomplish with Congress or by executive order. ...

Kollman & Saucier

11/08/2016

Labor Law

In Palmetto Prince George Operating, LLC v. NLRB, No. 15-2143 (4th Cir. Nov. 1, 2016), the Fourth Circuit Court of Appeals ordered a South Carolina nursing home to bargain with its nurses’ union. Palmetto, a provider of 24-7 nursing home care, employs 23 nurses -- six RNs and 17 LPNs. Those nurses exercise authority over 40 certified nursing assistants (CNAs). All of the nurses assess patients, answer patient calls, administer medications, and...

Kollman & Saucier

11/03/2016

Disability & Leave, FMLA, Virginia Employment Law

On October 31st, the United States Court of Appeals for the Fourth Circuit affirmed a Virginia federal court's dismissal of an airline employee's FMLA retaliation claim. The case arose when United Airlines fired the employee for using intermittent FMLA leave to excuse his failure to work the one shift he was scheduled to work during a lengthy vacation. Sharif v. United Airlines, et. al., No. 15-1747 (4th Cir. 10/31/16). According to the court's...

Kollman & Saucier

10/28/2016

Agency Activity, Government Contractors

Readers of this blog are well aware of President Obama’s Fair Pay and Safe Workplaces Executive Order (Executive Order 13673), which would require certain federal contractors and subcontractors to disclose alleged “violations” of a number of federal labor laws. That Order was set to go into effect on October 25, 2016 for prime contractors on solicitations and contracts estimated at $50 million or more. The Order was to be phased in for...

Kollman & Saucier

10/26/2016

Agency Activity, Workplace Safety

On October 19, 2016, the Department of Labor released a guidance memorandum regarding employers’ policies on reporting workplace injuries and illnesses, and further outlined the prohibitions on retaliating for such reporting. In May 2016, OSHA published a final rule requiring employers to have in place reasonable procedures for reporting workplace injuries or illnesses and prohibiting employers from retaliating against employees who make such...

Kollman & Saucier

10/20/2016

Agency Activity, Employment Discrimination

The EEOC takes a targeted approach to enforcement. This enables EEOC staff focus more of their attention and the agency’s resources on a common set of priorities, presumably with more success and change for the better. The EEOC tells everyone what types of cases have its attention and where enforcement efforts will be focused. On October 17, 2016, the EEOC approved a new strategic enforcement plan for the Fiscal Years 2017 through 2021. The...

Kollman & Saucier

10/20/2016

Agency Activity

Employers must complete a Form I-9 for each new employee hired. The purpose of the Form I-9 is to document that an employer has verified an employee’s identity and eligibility to work in the United States. To complete the Form I-9 process, new employees may produce what is known as a “List A” document to establish their identity and work authorization. These documents include a U.S. Passport for U.S. citizens, while non-citizens may...

Kollman & Saucier

10/14/2016

Wage & Hour

“Take me out to the ballgame Take me out with the crowd Buy me some peanuts and Cracker Jacks I don’t care if I never get back…” Since 1908 (incidentally, the last year a certain Chicago team won the World Series), baseball fans have regularly sung this anthem as part of the stadium experience. What nobody could have anticipated at the time, however, was how to treat the employees who sell those peanuts, Cracker Jacks, and team-related...

Kollman & Saucier

10/07/2016

Supreme Court Decisions

The Supreme Court started its new term Tuesday, which just one labor-related case on its docket. While the decision could have far reaching effects on presidential powers to appoint officers, it is likely to have little impact on this particular area of law. Below is a summary of the case. NLRB v. SW Gen., Inc., No. 15-1251, cert. granted (6/20/16). On June 20, the Supreme Court granted the NLRB’s petition for review of a D.C. Circuit decision...

Kollman & Saucier

10/04/2016

Agency Activity, Employment Discrimination

On September 29, the EEOC finalized a revised pay data form that employers and federal contractors with 100 or more employees will be required to submit on an annual basis beginning March 31, 2018, based on data collected for 2017. Private employers with more than 100 employees and federal contractors with more than 50 employees have long been required to report employee race, ethnicity and sex to the EEOC based on 10 different job categories. ...

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What A Trump Presidency May Mean For The U.S. Workplace

Fourth Circuit Affirms NLRB Finding That Nurses Are Not Supervisors

Court Affirms Dismissal of Vacationing Employee's FMLA Claim

Federal Court Enjoins Enforcement of Fair Pay and Safe Workplaces Executive Order

DOL Releases Guidance For Reporting Workplace Injuries

The EEOC Identifies New Enforcement Priorities

Avoid Discrimination in the Form I-9 Process

Baseball Stadium Workers Not Owed Overtime

NLRB Decision Will Serve as Sole Labor Related Case Appointed to Supreme Court Docket

New EEOC Pay Reporting Requirements Begin Next Year

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