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SEC Settles Whistleblower Retaliation Charge

Kollman & Saucier
Kollman & Saucier
06/20/2014
Whistleblowers
On June 16th, the Securities and Exchange Commission filed (and settled) its first Dodd-Frank whistleblower anti-retaliation claim. While employers should be aware of the new enforcement action taken by the SEC, the allegations show that even the most sophisticated employer can engage in very questionable behavior. According to the SEC Settlement Order, which can be found here, Paradigm Capital Management, Inc., a registered investment adviser,...
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Here's Your [Expletive] Latte!

Kollman & Saucier
Kollman & Saucier
06/18/2014
Labor Law
One would think that cursing in front of customers would be sufficient grounds for termination - even at a progressive enterprise like Starbucks. However, if those outbursts come from a union supporter while performing union activity, you should think again. The National Labor Relations Board recently issued its decision in Starbucks Corporation d/b/a Starbucks Coffee Company and Local 660, Industrial Workers of the World, case number 02-CA-037548....
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Firefighter’s Fear Of Burning Buildings Does Not Qualify As A Disability

Kollman & Saucier
Kollman & Saucier
06/12/2014
Disability & Leave
The Texas Supreme Court overturned a $362,000 disability discrimination judgment awarded to a captain for the City of Houston fire department who was removed from firefighting duties because his fear of entering burning buildings made him a danger to himself and others.  City of Houston v. Proler, No. 12-1006 (Tex. June 6, 2014). According to the court, no reasonable jury could have found that his fear of entering burning buildings constituted a...
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Maryland Court Rejects Retaliation Claim Based on Frivolous EEOC Charge

Kollman & Saucier
Kollman & Saucier
06/10/2014
Age Discrimination, Retaliation
The United States District Court for the District of Maryland held that employees do not engage in protected activity by refusing to comment about the work of a co-worker and/or that a conversation transpired between a supervisor and employees. Kearns v. Northrop Grumman Systems Corp., No. ELH-11-1736 (D. Md., May 23, 2014). Michael Kearns alleged that his former employer, Northrup Grumman Systems Corporation, violated Title VII and the ADEA by...
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Blind Dairy Queen Employee Given “Exclusive” Job Was Reasonably Accommodated

Kollman & Saucier
Kollman & Saucier
06/06/2014
Disability & Leave
In a recent opinion, the Seventh Circuit reminded employers and employees that, under the Americans with Disabilities Act (ADA), qualified individuals with a disability are only entitled to a "reasonable" accommodation – they do not get to pick the accommodation. Bunn v. Khoury Enters., Inc., No. 13-2292 (7th Cir. May 28, 2014). Joshua Bunn was hired in September 2010 to work as an hourly employee at a franchised Dairy Queen store in Indiana....
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Application of University’s Inflexible Six-Month Leave Policy Found Lawful

Kollman & Saucier
Kollman & Saucier
06/03/2014
Disability & Leave
  How much leave must an employer provide its employees who are on disability leave? Six-months? Nine-months? An indefinite amount? Employers often consider this question in the context of the Americans with Disabilities Act and the Rehabilitation Act. Last week, the Tenth Circuit Court of Appeals weighed in on the issue in Hwang v. Kansas State University, No. 13-3070 (10th Cir. May 29, 2014). In Hwang, the Court considered whether an...
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NLRB Orders Car Dealer to Reinstate Foul-Mouthed Salesman

Kollman & Saucier
Kollman & Saucier
05/30/2014
Labor Law
On May 28, 2014, the National Labor Relations Board  ("NLRB") ruled that an Arizona car dealership violated the National Labor Relations Act  ("NLRA")  by firing a salesman who complained about the dealership's compensation plan.  Plaza Auto Ctr. Inc.., 360 NLRB No. 117 (2014).  The dealership argued that the salesman lost the protection of the law when he launched into a profanity-laced tirade against the owner. In this case, salesman Nick...
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Hooters “Don’t Disrespect Patrons” Rule Violates NLRA

Darrell VanDeusen
Darrell VanDeusen
05/23/2014
Agency Activity, Labor Law, Social Media
A NLRB ALJ has ruled that a Hooters Handbook’s Code of Conduct that listed a variety of “don’ts” – including “don’t disrespect patrons” – violates employee rights under the National Labor Relations Act. Hoot Winc, LLC, NLRB ALJ No. 31-CA-104872 (May 19, 2014). Yes, you read that right. There’s no question that the current NLRB is more employee friendly than it has been in a long time. There are a number of recent decisions from...
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Maryland Governor O’Malley Signs Transgender Protection Bill into Law

Darrell VanDeusen
Darrell VanDeusen
05/22/2014
Legislative Developments, State Law
On Thursday, May 15, 2014, Governor O’Malley signed into law the “Fairness for All Marylanders Act of 2014,” adding gender identity and expression to the list of protected classifications under Maryland law. Maryland joins 17 other states, the District of Columbia, and Puerto Rico in providing this protection. The law takes effect on October 1, 2014 and prohibits discrimination in employment, housing and public accommodation. Enforcement will...
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The Use of Unpaid Interns: Is It Worth the Risk?

Darrell VanDeusen
Darrell VanDeusen
05/19/2014
Business Law
It’s nearly summer time again, and that means a whole lot of high school and college students are looking for something to do. Since the economy hit the skids in late 2008, one popular option has been the “unpaid internship.” What better way to get some experience if you are a struggling student? Well, getting paid would be a start. Private employers who want to create a summer intern program run a high risk of doing it wrong. There are more...
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