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

NLRB Strikes Down Yet Another Employee Misconduct Rule

Kollman & Saucier

04/16/2016

In William Beaumont Hospital, 363 N.L.R.B. No. 162, 4/13/16, the National Labor Relations Board (NLRB) recently examined William Beaumont Hospital’s “Code of Conduct for Surgical Services and Perianesthesia.” The Code read, in relevant part: It is the intention of Beaumont Hospitals to foster effective working relationships among all hospital employees and physicians in order to provide and maintain high quality and safe patient care....

Kollman & Saucier

04/13/2016

Legislative Developments, State Law

Maryland law already prohibits employment discrimination on the basis of sex and gender identity. Likewise, Maryland already has an equal pay law. On April 9, 2016, however, the Maryland legislature passed a bill that would supplement those existing laws. This bill targets equal pay for equal work by specifically providing that an employer may not pay an employee a lower wage than an employee of another sex or gender identity if both...

Kollman & Saucier

04/08/2016

Disability & Leave, Employment Discrimination

It’s no secret that there is an obesity epidemic in America. According to the Centers for Disease Control (CDC), more than 1 in 3 adults (78.6 million total) are now obese. In addition to its adverse effects on health and lifestyle, obesity also imposes tremendous financial costs: it is estimated that the average obese person incurs $1,429 more in medical costs each year than those who are of “normal” weight (BMI between 18-24.9), with a...

Kollman & Saucier

04/06/2016

Class Actions, Supreme Court Decisions, Wage & Hour

Class-action lawsuits are typically viewed as high-risk, high-reward endeavors. In its recent decision in Tyson Foods, Inc. v. Bouaphakeo, the Supreme Court pointed out both sides of this double-edged sword in the context of a unpaid overtime claim under the Fair Labor Standards Act (FLSA). 577 U.S. ___ (2016). Federal Rule 23 permits parties to bring lawsuits as a class of people, rather than as individuals, if certain requirements are met. ...

Kollman & Saucier

04/01/2016

Labor Law

Many employers use severance agreements as a tool to reduce legal exposure surrounding an employee separation. Such agreements typically involve a broad release of claims by the employee in exchange for severance from the employer. Employers also generally include terms to clarify post-separation obligations and ensure that once the employee and employer part ways, they will not meet again. Unfortunately, a recent decision by an NLRB judge...

Kollman & Saucier

03/29/2016

Labor Law

Sick of having to find coverage when ill, Jimmy John’s employees who took their message public soon found themselves on permanent leave. In this 2-1 decision, the Eighth Circuit backed a National Labor Relations Board (“Board”) ruling that a franchisee unlawfully discharged employees for publicizing information suggesting the company’s sick leave policy posed food safety risks to consumers. MikLin Enterprises, Inc. v. NLRB, No. 14-3099 (8th...

Darrell VanDeusen

03/29/2016

Gender Identity, Legislative Developments, Sexual Orientation, State Law

I went to law school in North Carolina. My daughter went to college there, at a school that uses a lighter color blue than the one I went to. I have family members and dear friends who have lived in North Carolina for decades. I mention this because I love the state of North Carolina. Maybe just not some (many) of its legislators, or at least 82 of them. As I heard the author John Irving say just this past week: “if you must practice...

Kollman & Saucier

03/24/2016

Agency Activity, Labor Law, Union Activity

On March 23, 2016, the Department of Labor revealed its long-time coming final rule that requires certain disclosures now be made for outside labor relations consultants who assist employers during union organizing activity or collective bargaining, and which are no longer protected under the "advice" exemption under the disclosure obligations. The reporting requirements under Labor-Management Reporting and Disclosure Act will now include any third...

Darrell VanDeusen

03/22/2016

Employer Liability, FMLA, Supervisor Liability

Addressing the issue for the first time, the Second Circuit has held that supervisors can be individually liable for violations of the Family and Medical Leave Act (FMLA), 29 U.S.C. §§ 2601 et seq. Graziadio v. Culinary Inst. of America, 2016 U.S. App. LEXIS 4861 (2d Cir. March 17, 2016). In so doing, the court joins other federal appellate courts that have applied the Fair Labor Standards Act’s (FLSA), “economic realities” test to...

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Email Updates

NLRB Strikes Down Yet Another Employee Misconduct Rule

Maryland Passes New "Equal Pay for Equal Work" Bill

Appellate Court Rules That Obesity is Not a Disability Under the ADA

Tyson Foods Loses FLSA Class Action, But May Be Able to Carve Up Damages Award

We Only Part to Meet Again: NLRB Judge Finds Routine Separation Agreement Terms Violate the NLRA

8th Circuit Finds Employees’ Sick Ad Campaign is Protected Activity Under the NLRA

North Carolina Enacts The Most Sweeping Anti-LGBT Law In The Country

The Final Persuader Rule Is Here, For Now.

Economic Realities May Make HR Manager Liable for FMLA Violation

Email Updates