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

NLRB General Counsel Offers Input on Practical Effects of Noel Canning

Kollman & Saucier

07/11/2014

Agency Activity, Supreme Court Decisions

As discussed recently, the Supreme Court’s decision in NLRB v. Noel Canning is expected to have significant ramifications for the NLRB (the “Board”) and the parties who previously appeared before the Board in 2012 and the first half of 2013, when the unconstitutional recess appointments of Members Block, Flynn and Griffin continued to leave the NLRB without a quorum. Richard Griffin, one of the three recess appointees who was since confirmed...

Kollman & Saucier

07/09/2014

Disability & Leave, Pregnancy Discrimination, Supreme Court Decisions

Until recently, the United Parcel Service (UPS) utilized the well-known slogan, “What can brown do for you?” After deciding last Monday to hear Young v. UPS during its next term, the Supreme Court will be faced with the question of “what brown must do” for its pregnant employees under federal law. (The Fourth Circuit’s decision and the briefs filed in the case (to date) can be found here.) In Young, the plaintiff, Peggy Young, was covered...

Kollman & Saucier

07/02/2014

Affordable Care Act, Supreme Court Decisions

On Monday, June 30, 2014, the Supreme Court issued its highly-anticipated decision in Burwell v. Hobby Lobby Stores, Inc., U.S., No. 13-354, 6/30/14, ruling 5-4 that owners of closely held for-profit corporations with sincerely held religious beliefs can opt out of the Affordable Care Act mandate that requires them to provide employee health insurance coverage for contraception. Under the Affordable Care Act, employers with 50 or more employees must...

Frank Kollman

07/01/2014

Labor Law, Public Sector Employment Law

The Supreme Court has ruled that a mother receiving state financial assistance to care for her disabled child does not have to pay union dues. Can you believe that there were four justices who disagreed with that ruling, and the Secretary of Labor has already criticized the decision? Certainly there has to be more to the story. The issue the Court was asked to decide was the result of increased union power over governmental officials it helps to...

Kollman & Saucier

07/01/2014

Firm News

On June 21, 2014, Pete Saucier and Eric Paltell were elected Fellows in the College of Labor and Employment Lawyers. Election as a Fellow is the highest recognition by one's colleagues of sustained outstanding performance in the profession, exemplifying integrity, dedication and excellence. The nineteenth installation of Fellows will be held on November 8, 2014 in Los Angeles, coincident with the American Bar Association’s Labor and Employment...

Kollman & Saucier

06/30/2014

Affordable Care Act

Under the Affordable Care Act, eligible small-business employers can now receive a tax credit for offering health coverage to their employees. Final rules and regulations regarding the tax credit were released, and become effective, today. Who is Eligible To qualify for the tax credit an employer must: Have no more than 25 full-time equivalent (FTE) employees Have maximum annual average wages of $ 50,000 Pay at least 50% of employee health...

Kollman & Saucier

06/27/2014

Agency Activity, Labor Law, Supreme Court Decisions

As part of its end of term productivity, on Thursday, June 26, 2014, the Supreme Court issued its much anticipated decision in NLRB v. Noel Canning, regarding President Obama’s authority to grant recess appointments to fill vacant Board positions and avoid the Senate confirmation process of those Board members. The Noel Canning decision specifically involved President Obama’s recess appointments of Sharon Block, Terence Flynn, and Richard...

Kollman & Saucier

06/24/2014

Agency Activity, FMLA

The Department of Labor announced on June 20, 2014, that it would be issuing a Notice of Proposed Rulemaking (NPRM) confirming that employees are eligible for leave to care for a same-sex spouse under the Family and Medical Leave Act (FMLA) regardless of their state of residence. Secretary Tom Perez announced that the proposed revisions would ensure that the FMLA applied to all families equally, permitting same sex marriage partners to fully...

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,...

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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NLRB General Counsel Offers Input on Practical Effects of Noel Canning

Supreme Court Will Decide What Accommodations Employers Must Make for Pregnant Employees

Supreme Court Limits ACA's Contraception Mandate

Supreme Court Limits Scope of Compulsory Membership Dues for Government Unions

Two K&S Attorneys Elected to The College of Labor and Employment Lawyers

New ACA Small Business Tax Credit Regulations Released

Supreme Court Issues Unanimous Decision, "Canning" Obama's Recess NLRB Appointments

DOL Takes Action So That FMLA Applies To Same-Sex Spouses Everywhere

SEC Settles Whistleblower Retaliation Charge

Here's Your [Expletive] Latte!

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