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

President Signs Federal Trade Secrets Act

Kollman & Saucier

05/19/2016

This past week, President Obama signed into law the Defend Trade Secrets Act of 2016, which can be found here. The Act creates a federal cause of action for trade secret misappropriation, and complements the many state laws (typically based on the Uniform Trade Secrets Act) already in effect. The Act provides a claimant a number of strong tools. Perhaps most importantly, it allows for the ex parte seizure of the claimed trade secret upon affidavit...

Kollman & Saucier

05/18/2016

Agency Activity, Wage & Hour

Later today, over two scoops of butter pecan, Vice President Joe Biden and United States Department of Labor Secretary Tom Perez will appear at an ice cream parlor in Ohio to announce that the DOL has issued a Final Rule that will allow more workers to qualify for overtime pay under the Fair Labor Standards Act (FLSA). The long-awaited final rule doubles the salary threshold at which a worker may qualify as exempt from receiving overtime. ...

Kollman & Saucier

05/12/2016

Independent Contractors

Well, not really. But I just couldn’t resist the title. Uber did, however, suffer another blow against it in the intensifying efforts to classify its drivers as employees. This time, the venue was a federal court in California and the plaintiffs were two women who allege they were sexually assaulted by two of Uber’s drivers. In Jane Doe, et al. v. Uber Technologies, Inc., No. 3:15-cv-04670 (N.D. Calif.; decided May 4, 2016), the plaintiffs...

Kollman & Saucier

05/11/2016

Disability & Leave

EEOC disability discrimination charges have reached an all time high and, according to the Commission, it’s employers who are to blame. The charges, the EEOC says, show a "troubling trend" indicating employers may not understand the Commission’s positions on leave and the ADA. In response to these concerns, the EEOC released a new resource document titled: Employer Provided Leave and the Americans with Disabilities Act. While the document...

Kollman & Saucier

05/06/2016

Agency Activity, Employment Discrimination

Earlier this week, the Equal Employment Opportunity Commission issued a fact sheet titled “Bathroom Access Rights for Transgender Employees Under Title VII of the Civil Rights Act of 1964.” Yesterday, the Department of Justice sent a letter to North Carolina’s governor stating that his state’s H.B. 2 -- legislation which requires individuals to use public restrooms associated with their gender at birth -- violates Title VII of the Civil...

Kollman & Saucier

05/05/2016

Disability & Leave

A United States District Court in New Jersey recently denied an employer’s motion for summary judgment where the employer argued that the employee voluntarily resigned and, therefore, that there was no adverse employment action. Taha v. TBC Corp., No. 14-03377 (D.N.J. April 26, 2016). David Taha worked as a store manager for National Tire & Battery (NTB) in New Jersey. Years before, he had been diagnosed with an arthritic condition. Taha...

Kollman & Saucier

04/29/2016

Wage & Hour

The United States Court of Appeals for the Fourth Circuit has ruled that casino trainees may be employees entitled to compensation under the FLSA when they are attending a pre-hire "training school" at a local community college. Harbourt v. PPE Casino Resorts Md. , LLC. The Court reversed a lower court decision dismissing the trainees' complaint, ruling that the facts plead in the complaint were sufficient to state a claim that the time spent in...

Kollman & Saucier

04/26/2016

Agency Activity, Employment Discrimination

The United States Court of Appeals for the Fourth Circuit has ruled that the Equal Employment Opportunity Commission ("EEOC") has the right to investigate a charge of discrimination filed by an employee who was not legally authorized to work in the United States. EEOC v. Maritime Autowash, Inc., 4th Cir No. 15-1947 (April 25, 2016). Although the Court found the Commission may investigate the claims, it did not resolve the broader question of...

Darrell VanDeusen

04/21/2016

Employment Discrimination, Sex Discrimination

How can you get experience for a job if you can’t get a job to get you the experience? That was at least a part the problem for Sue Ann Easterling, according to a federal court judge in Louisiana last week. Easterling applied for a job as a high school head football coach in Tensas Parish. When she was not selected for the job she sued the School Board, alleging sex discrimination and retaliation because she was perceived as a litigious...

Darrell VanDeusen

04/19/2016

Litigation

This is a law-related blog, honest. But first a story. When I was in ninth grade our English teacher asked each student to pick a song where the lyrics REALLY meant something to us, and recite those lyrics in front of the class. Coming from a home where my mother often listened to Broadway musicals, I picked You’ll Never Walk Alone from Rodgers & Hammerstein’s Carousel. I had the great misfortune to be picked to recite those lyrics...

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Email Updates

President Signs Federal Trade Secrets Act

DOL Issues Final Rule Doubling the Salary Threshold for Overtime Exemption

Uber Gets Taken for a Ride

EEOC Issues New Resource Document on Leave and the ADA

DOL and EEOC Weigh In On Title VII and Bathroom Restriction Laws

You Weren’t Fired, You Quit!

Deal Me In: Appellate Court Rules That Casino Trainees May Be Employees

EEOC Has Right to Investigate Charge Filed by Undocumented Worker

Lack of Experience Sinks Case for Wanna-Be Female Football Coach

Ooh, It Makes Me Wonder… It Really Makes Me Wonder.

Email Updates