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

EEOC Provides Guidance Regarding Muslim and Middle Eastern Employees

Kollman & Saucier

12/31/2015

Agency Activity, National Origin, Religious Discrimination

On the heels of the recent terrorist attacks in Paris and San Bernardino, EEOC Chair Jenny R. Yang recently issued a statement to “Address Workplace Discrimination Against Individuals Who Are, or Are Perceived to Be, Muslim or Middle Eastern.” Along with the statement, the EEOC released two “resource documents” to provide guidance to employees and employers on how to handle workplace situations involving discrimination against individuals...

Kollman & Saucier

12/30/2015

Wage & Hour

Santa did not bring GEICO the gift it was hoping for this Christmas. On December 23, the Fourth Circuit issued its decision in Calderon v. GEICO Gen. Ins. Co., No. 14-2111, deciding that the insurance company’s fraud investigators perform non-exempt work under the Fair Labor Standards Act and, therefore, are entitled to overtime pay. The FLSA requires that employers pay overtime for each hour an employee works beyond 40 in a week. An employee...

Kollman & Saucier

12/22/2015

Labor Law

The legalization of medical and recreational marijuana use has created a host of new employment law issues. One of the most common questions we get is about drug test results: what happens if an employee or applicant tests positive in a state where medical or recreational marijuana use is legal? (the answer is that marijuana use is still illegal under federal law, so, in theory, an employer can discipline the employee or not hire the...

Darrell VanDeusen

12/21/2015

Employment Discrimination, Sexual Harassment

Early in my legal career (circa 1986), a female summer associate responding to my inquiry about why she wanted to be a labor and employment lawyer shrugged her shoulders and said: “it’s about the only area of law where you can use the term ‘blow job’ in conversation and it’s not inappropriate.” That memory came back to me a couple of weeks ago when I read of the court’s decision in Garner v. Clearstaff, Inc., 2015 U.S. Dist. LEXIS...

Darrell VanDeusen

12/18/2015

Employment Discrimination

In a closely watched case that has had management-side employment attorneys (and their clients) on the edge of their seats, the Seventh Circuit has just handed the Equal Employment Opportunity Commission (EEOC) a defeat. The court held that the EEOC cannot pursue its claim that CVS Pharmacy’s severance agreement violates anti-discrimination laws, because the Commission did not first attempt to conciliate before suing. EEOC v. CVS Pharm., 2015 U.S....

Kollman & Saucier

12/17/2015

Business Law

Kollman & Saucier is pleased to announce that four of its partners made the annual list that is published each year by SuperLawyers: Frank Kollman, Pete Saucier, Darrell VanDeusen, and Eric Paltell (who was also, once again, named one of Maryland’s Top 100 attorneys). Each of these attorneys was selected for his or her practice in management labor and employment...

Darrell VanDeusen

12/15/2015

Arbitration, Supreme Court Decisions

In a 6-3 decision, the Supreme Court has decided that satellite television customers are required to individually arbitrate their disputes with the provider, DirecTV. The Court held that the Federal Arbitration Act (FAA) preempts the use of a California state law that said such a provision was unenforceable. DirecTV, Inc. v. Imburgia, 2015 U.S. LEXIS 7999 (Dec. 14, 2015). The decision, which will apply equally to employment and commercial contracts,...

Kollman & Saucier

12/10/2015

Disability & Leave

Earlier this week, former University of Southern California (USC) Head Football Coach Steve Sarkisian filed a wrongful termination lawsuit against his former employer. Sarkisian’s complaint alleges violations of California law, including a failure to accommodate his alcoholism. Sarkisian, who is seeking at least the $12.5 million left on his contract, asserts that USC “kicked him to the curb” by firing him instead of allowing him time off to...

Kollman & Saucier

12/09/2015

Arbitration

The U.S. Court of Appeals for the Fourth Circuit recently confirmed that an employer cannot impose a mandatory arbitration requirement on its employees through an employee handbook when the handbook also contains a disclaimer of contractual intent. Lorenzo v. Prime Commc’ns, No. 14-1622 (4th Cir. Nov. 24, 2015). Lorenzo brought an FLSA claim against her former employer, Prime Communication, L.P., alleging that she was unlawfully deprived of earned...

Kollman & Saucier

12/04/2015

Age Discrimination

In 2005, the Supreme Court concluded that the Age Discrimination in Employment Act of 1967 (ADEA), which prohibits discrimination against individuals who are at least 40 years old, provides not only for (1) disparate treatment claims, in which there is intentional discrimination by an employer because of protected status, but also for (2) disparate impact claims, in which facially neutral employment practices “fall more harshly on one group than...

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Email Updates

EEOC Provides Guidance Regarding Muslim and Middle Eastern Employees

No FLSA Overtime Exemption for GEICO Fraud Investigators

NLRB Judge Rules That "Joint Employers" Are Joint Employers

Employer Sued for Harassment Gets Off Despite Comments About Oral Sex

EEOC Jumped the Gun Challenging CVS Severance Agreements

Maryland SuperLawyers, 2016 edition

Strange Bedfellows in SCOTUS Arbitration Ruling

Former USC Coach Throws the Challenge Flag After Getting Fired for Drinking

You Can't Have It Both Ways: Arbitration Agreement in Employee Handbook is Not Binding

Appellate Court Holds That Applicants May Bring Disparate Impact Claim Under ADEA

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