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

ACA Class Action Survives Motion to Dismiss

Kollman & Saucier

02/12/2016

The Affordable Acre Act (ACA) generally requires large employers to provide ACA-compliant health insurance to full-time employees and their dependents or pay financial penalties. For purposes of the ACA, a full-time employee is someone who works 30 or more hours a week. A class action lawsuit filed against Dave & Buster’s, Inc. (D&B) demonstrates the potential trouble for employers who reduce employee hours to avoid the ACA’s...

Kollman & Saucier

02/11/2016

Sexual Harassment

A federal appellate court recently upheld a $300,000 jury verdict in favor of an employee who claimed he was the victim of same sex sexual harassment. Smith v. Rock-Tenn Servs., Inc., 6th Cir., No. 15-5534 (2/10/16). The plaintiff worked as a support technician for a corrugated box company. Plaintiff claimed that on two occasions, his co-worker, Jim Leonard, approached Plaintiff from behind and either slapped or grabbed Plaintiff’s butt....

Kollman & Saucier

02/04/2016

Disability & Leave

An airline employee who was terminated after being observed sleeping in a company breakroom during his shift may not bring a disability discrimination claim. Rejecting the employee’s argument that his nap was actually a “dissociative state” stemming from an undisclosed anxiety disorder, the court refused to let his claims get off the ground. Paolino v. U.S. Airways, Inc., No. cv-14-01672-PHX-NVW (D. Ariz. Jan. 26, 2016). Jonathan Paolino was...

Kollman & Saucier

01/31/2016

Employment Discrimination, Pregnancy Discrimination, Wage & Hour

This past week, the United States Court of Appeals for the Fifth Circuit held that a pregnant employee who worked unauthorized overtime and was terminated two months after announcing her pregnancy could not prevail on claims brought under federal employment laws. Fairchild v. All American Check Cashing, Inc., No. 15-60190 (1/27/16). Because the plaintiff could not show that her employer had knowledge of the overtime work, or that her employer’s...

Kollman & Saucier

01/22/2016

Agency Activity, Employer Liability, Joint Employer, Wage & Hour

Earlier this week, the Wage and Hour Division (WHD) of the Department of Labor issued an Administrator's Interpretation No. 2016-01 (AI) on joint employment under the Fair Labor Standards Act (FLSA) and the Migrant Seasonal Agricultural Worker Protection Act (MSPA). The guidance reconfirms existing WHD policy, which identifies common scenarios in which two or more employers jointly employ an employee and are thus jointly liable for compliance....

Kollman & Saucier

01/19/2016

Employment Discrimination, Sex Discrimination

As an avid Crossfitter, I just could not resist titling this blog post this way. Jay Bauer, however, may not love the title. Mr. Bauer was a male special agent trainee for the FBI who failed a physical fitness test (specifically the 30 push up requirement for men). In Bauer v. Lynch, No. 14-2323 (4th Cir. Jan. 11, 2016), he challenged that differing standards for male and female trainees (14 push-ups required for women) violates Title VII of...

Kollman & Saucier

01/13/2016

Agency Activity, Labor Law

The National Labor Relations Board recently heard two interlocutory appeals by McDonald’s that arise out of a sprawling case against it and a number of its franchisees. The General Counsel filed 61 unfair labor practice charges in 6 regions. The charges were brought against 31 parties (30 franchisees and the corporate franchisor) and allege 181 violations. The General Counsel did not allege that McDonald’s (the corporate franchisor) engaged in...

Kollman & Saucier

01/08/2016

Labor Law, Union Activity

On December 24, 2015, the National Labor Relations Board (NLRB) invalidated two employee handbook policies that prohibited employees from recording conversations, phone calls, images or meetings in the workplace. In Whole Foods Market, Inc. and United Food and Commercial Workers, et al., 363 NLRB No. 87 (2015), the NLRB found that requiring employees to obtain management’s approval before recording certain aspects of the work environment violated...

Kollman & Saucier

01/06/2016

Disability & Leave, Employment Discrimination

In a recent disability discrimination case, the Seventh Circuit ruled that the Equal Employment Opportunity Commission (“EEOC”) is not entitled to a new trial against AutoZone because it failed to prove that the employee it represented was qualified for her job. EEOC v. AutoZone, Inc., 7th Cir., No. 15-1753 (January 4, 2016). Affirming a jury verdict in favor of AutoZone, the Court found that there was sufficient evidence to find that the...

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Email Updates

ACA Class Action Survives Motion to Dismiss

Employer Response to Same Sex Harassment Complaint Considered Inadequate

Court Dismisses Sleeping Employee's Disability Discrimination Claim

Check Casher Fails to Cash in on Overtime and Discrimination Claims

More On Joint Employer Status From The Department Of Labor

How Many Push-Ups Can You Do?

The NLRB's Big Mac Attack

Whole Foods Stores Are For Shopping And Secretly Recording, Says The NLRB

End Of The Road For AutoZone Worker, Says Seventh Circuit

Email Updates