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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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More on the Northwestern Players Union ....

Kollman & Saucier
Kollman & Saucier
05/15/2014
Labor Law
Yes, we posted on this yesterday, but this video spoof of an interview with the Northwestern coach is priceless.  My favorite line: Q. Coach, do you think your players will cross a picket line? A. I'll tell you what - put a goal line out there and not a one of them will cross...
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NLRB Invites Briefs in Northwestern Football Players Case

Kollman & Saucier
Kollman & Saucier
05/14/2014
Labor Law
On March 26, 2014, the NLRB's Chicago Regional Director issued a decision finding that approximately eighty-five (85) scholarship football players at Northwestern University are "employees" under the National Labor Relations Act (the “Act”).   The Board conducted a secret-ballot election to determine whether the College Athletes Players’ Association would become the bargaining agent for these student-athletes, but the ballots were impounded...
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Fourth Circuit: Only Whistleblowing Claims Are Subject to Dodd-Frank Act’s Arbitration Carve-Out

Kollman & Saucier
Kollman & Saucier
05/09/2014
Arbitration
To arbitrate or not to arbitrate – that was the question the Fourth Circuit faced in Santoro v. Accenture Federal Services, LLC, a recent employment discrimination case involving statutory interpretation of the Dodd-Frank Act. No. 12-2561 (4th Cir. May 5, 2014). Because the plaintiff did not bring a whistleblower claim, the Court concluded, “to arbitrate” carried the day. The facts underlying Dr. Armond Santoro’s claims are relatively...
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City Not Required to Accommodate Employee’s Financial Stresses Under the ADA

Kollman & Saucier
Kollman & Saucier
05/07/2014
Disability & Leave, FMLA, Pregnancy Discrimination
An employee’s potential increased day-care costs are not a pregnancy-related condition requiring accommodation under the Americans with Disabilities Act, according to a federal district judge in Minnesota.  As a result, a city police department was not required to accommodate a request by a pregnant employee for a swapped time-shift.  McCarty v. City of Eagan, No. 0:12-cv-02512 (D. Minn. Apr. 28, 2014). Brea McCarty worked her way up to the...
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Employer Responsible For Customer Harassment Of Its Employee

Kollman & Saucier
Kollman & Saucier
05/05/2014
Employer Liability, Employment Discrimination, Sexual Harassment
In a significant ruling for employers everywhere, and particularly those in the Fourth Circuit, which includes Maryland, Virginia, West Virginia, North Carolina and South Carolina, the Fourth Circuit just held that a black female who was subjected to offensive conduct by a customer should have her Title VII harassment claims decided by a jury. With its decision in Freeman v. Dal-Tile Corp., No. 13-1481 (4th Cir. April 29, 2014), the Fourth Circuit...
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