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

Georgia Joins The Growing List Of States With A COVID-19 Liability Shield In Place

Randi Klein Hyatt

08/07/2020

Late Wednesday, Georgia Governor Brian Kemp signed legislation that adds Georgia to the list of states limiting liability as to claims brought against businesses by customers, employees, and members of the public who contract or allege exposure to COVID-19. The new law became effective immediately and will expire July 2021. Georgia joins Kansas, Louisiana, Missouri, North Carolina, Oklahoma, Utah and Wyoming in enacting virus-related limited...

Garrett Wozniak

08/04/2020

COVID-19

This past April, the Department of Labor issued temporary regulations regarding paid leave under the Families First Coronavirus Response Act (FFCRA). The regulations addressed many issues raised by the FFCRA and answered or provided clarification on a number of COVID-leave-related topics. On August 3, 2020, a federal judge in New York invalidated some of the DOL’s regulations and as a result has expanded FFCRA leave. New York v. United...

Randi Klein Hyatt

08/04/2020

Agency Activity, COVID-19, Workplace Safety

As an increasing number of states, local governments, and private employers are mandating that employees, particularly those who work indoors and in close proximity to other employees, wear masks covering the mouth and nose to prevent the spread of the coronavirus, last Friday, OSHA updated its frequently asked COVID-19 questions and answers. As to wearing cloth masks, OSHA stated unequivocally that workers who wear cloth masks to prevent...

Clifford Geiger

07/31/2020

Age Discrimination, Employment Discrimination, Sex Discrimination

In Frappied v. Affinity Gaming Black Hawk, the U.S. Court of Appeals for the Tenth Circuit became the first federal appeal s court to recognize that Title VII of the Civil Rights Act 1964 permits “sex-plus age” claims. The case arose from a lawsuit filed against a gaming company. The eight female plaintiffs alleged the casino for which they worked discriminated against women over 40 years old, and they brought several claims, including...

Clifford Geiger

07/29/2020

Agency Activity, Labor Law

In Excelsior Underwear, 156 NLRB 1236 (1966), the National Labor Relations Board (NLRB) first required employers to provide unions with the names and home addresses of eligible voters in advance of representation elections. This list of voters became known as an Excelsior list. In 2014, the NLRB expanded the information required to be on Excelsior lists to include all available personal email addresses and cell phone numbers. On Tuesday, July 29,...

Eric Paltell

07/27/2020

COVID-19, Virginia Employment Law, Workplace Safety

On July 27, Virginia became the first state in the United States to implement a COVID-19 workplace safety rule. The new rules require employers covered by the Virginia Occupational Safety and Health (VOSH) program to immediately comply with guidance from the federal Centers for Disease Control and Prevention and state-issued regulations. The standard applies to most Virginia workplaces, including retail employees, office workers, and persons...

Darrell VanDeusen

07/24/2020

Uncategorized

My last blog focused on the NLRB’s July 21, 2020 decision in General Motors LLC, N.L.R.B., 369 NLRB No. 127 (7/21/20), returning to the Wright Line test when an employee uses profane language in the workplace and the resulting discipline that should occur. In overturning a number of prior decisions, NLRB Chair John Ring said: “the Board has protected employees who engage in obscene, racist, and sexually harassing speech not tolerated in almost...

Darrell VanDeusen

07/22/2020

Labor Law

One of the first cases I worked on as a baby lawyer involved a guy who was fired for cussing out his supervisor. The employee’s union claimed that it was really because of his protected union activity; he was simply disagreeing with his boss. Colorfully. Very colorfully. I was tasked to figure out whether the company should rescind the termination. The answer was no: the “Wright Line” test (based on the NLRB’s decision in Wright...

Darrell VanDeusen

07/21/2020

FMLA

The U.S. Department of Labor published a request for information on July 16, 2020, seeking comments on possible revisions to the DOL’s FMLA regulations. If you are an employer interested in submitting comments to the DOL, we can help you do that. Just let us know. Submissions are due on or before September 15, 2020. The notice states that “the Department seeks input from employers and employees on the current FMLA regulations,...

Kollman & Saucier

07/16/2020

Firm News

Earlier today, Kollman & Saucier launched a revamped website. The new site offers a fresh and updated look, provides easier access to our three blogs, and includes contact information for our newly opened Charlottesville, Virginia office. The site also showcases the photography skills of our colleagues Frank Kollman and Darrell VanDeusen, whose black and white photos and attorney head shots give the website its great new look. Please...

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Email Updates

Georgia Joins The Growing List Of States With A COVID-19 Liability Shield In Place

Federal Judge Expands Coronavirus Leave Availability

OSHA Updates and Removes Guidance From Its COVID-19 FAQs

Sex-Plus Age Claim Viable Under Title VII

NLRB Proposes Changes To Excelsior Lists

Virginia COVID-19 Worker Protection Rule Takes Effect

Oh Please, Please, Cut it Out.

Wright Line is Baaaaaaaack. No More Cussin’ Folks.

New FMLA Regs on Tap? Oh, and NEW Forms Are Here

K&S Launches New Website

Email Updates