On January 16, 2020, the U.S. Department of Labor (DOL) issued a final rule that will significantly revise its longstanding interpretation of joint employer status under the Fair Labor Standards Act (FLSA). This update marks the first substantive change to the federal regulation concerning joint employer status (29 CFR Part 791) in over 60 years, […]
Kollman & Saucier Names Two New Partners
Kollman & Saucier is pleased to announce that Bernadette Hunton and Garrett Wozniak have been named Partners in the Firm, effective January 1, 2020. Bernadette joined the firm in 2011, and is relied upon by in-house counsel, HR professionals, and business leaders in both the public and private sector for counsel on a broad array […]
Virginia Employer Dodges FMLA Bullet
A recent FMLA case out of the United States District Court for the Western District of Virginia brings to mind the expression “its better to be lucky than good.” In the case of Trail v. Utility Trailer Manufacturing Company, No. 1:18CV00037 (W.D. Va. 1/8/20), a Southwest Virginia manufacturer succeeded in getting a former employee’s FMLA […]
Employer’s Swift and Harsh Actions Defeat Harassment Claim
It is unfortunately no surprise that people do stupid things. Some people do inexcusable things. And sometimes those things amount to racial discrimination and harassment. A recent decision from a federal court in Texas demonstrates the importance for employers to take prompt action to address discriminatory behavior in the workplace. Such responses are the right […]
NLRB Ordered To Consider NLRA’s Conflict With Anti-Discrimination Laws
Section 7 of the National Labor Relations Act gives employees “the right to self-organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection.” Section 8(a)(1) of the Act protects […]
Timing Is Not Enough – Retaliation Claim Fails For Employee Fired Nine Days After Filing A Complaint
An IT company analyst was not entitled to have a jury decide if he was fired in retaliation for complaining about race discrimination as he claims, versus the performance issues that his former employer identified. Mr. Eyad Asi worked for Information Management Group (IMG) as an analyst and was assigned by IMG to work on […]
Reminder: Maryland Minimum Wage Increases January 1, 2020
As we blogged about earlier this year, the General Assembly voted to override Governor Hogan’s veto of legislation increasing the minimum wage. This means the minimum wage in Maryland will increase to $15 per hour by 2025 for employers with 15 or more employees (and by 2026 for employers with less than 15 employees). The […]
Department of Labor Clarifies “Regular Rate”
Most employers are familiar with the terms “minimum wage” and “hourly rate,” but many are not familiar with the term “regular rate.” Because overtime compensation must be paid at one and a half times an employee’s “regular rate,” not “hourly rate,” you should. Let’s start with an example of the difference. Assume an employee’s hourly […]
NLRB Reverses Course on Legality of Investigation Gag Orders
Employers have a legitimate interest in investigating allegations of employee misconduct. It seems obvious that a certain amount of confidentiality is required to maintain the integrity of those workplace investigations. Otherwise, investigations may be hindered. Parties may be coached or discuss ahead of time what they will say, accusers may openly discuss complaints and try […]
Supervisor’s Hugs & Kisses Were Assault & Battery, Were Not Harassment Under Title VII
By Andrea Murphy on December 16, 2019 in Employment Discrimination, Sexual Harassment, Virginia Employment Law
A federal court in Virginia recently found that a former employee of the Department of Veterans Services (DVS) presented enough evidence that her supervisor’s hugs and kisses comprised an assault and battery against her, but not enough to establish sexual harassment or hostile work environment under Title VII. Back v. Commonwealth of Virginia, et al., […]
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