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

Employer Responsible For Customer Harassment Of Its Employee

Kollman, Saucier, & Jackson

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...

Kollman, Saucier, & Jackson

04/29/2014

Legislative Developments, State Law

The “Ban the Box” ordinance passed by the Baltimore City Council (over the vehement protests of the City's business community) on Monday, April 28 (“the Bill”) is expected to be signed into law by Mayor Stephanie Rawlings-Blake. The Bill will become effective 90 days after it is signed by the Mayor and will affect the hiring practices of many employers. If enacted, Baltimore City will join about 60 other localities nationwide with...

Kollman, Saucier, & Jackson

04/25/2014

State Law, Wage & Hour

This case should serve as yet another example of the long and winding road that litigation can take when a seemingly minor issue is seen as something more. Maryland’s Court of Appeals recently issued its opinion in Bonita Marshall v. Safeway, Inc., No. 56, September Term. In Safeway, Ms. Marshall was an employee of Safeway who was subject to a creditor’s wage garnishment in 2009. When presented with the garnishment, Safeway calculated...

Kollman, Saucier, & Jackson

04/23/2014

Supreme Court Decisions

During the past few years, more and more employers have found themselves in the unenviable position of having to lay off workers due to the economy. Of course, the sting is felt more acutely by the laid off worker. In order to lessen the sting and retain goodwill, employers sometimes grant the separated employee severance. While most employers know that severance payments are wages for income tax purposes and, thus, income tax must be withheld...

Kollman, Saucier, & Jackson

04/17/2014

Disability & Leave

According to a federal court in California, a jury should decide whether the drugstore giant Walgreens violated federal law by firing a diabetic worker who opened a bag of chips during an alleged hypoglycemic attack without first paying for them. EEOC v. Walgreen Co., No. 3:11-cv-04470 (N.D. Cal. Apr. 11, 2014). Josefina Hernandez (“Hernandez”), a cashier at Walgreens’ South San Francisco store, was on duty when she opened a $1.39 bag of...

Kollman, Saucier, & Jackson

04/15/2014

Employment Discrimination

The United States District Court for the District of Maryland held that a former U.S. Capitol Police sergeant’s volunteer status did not bar her sex bias claim against the Howard County, Maryland Police Department (the “County”). Finkle v. Howard Cnty, No. JKB-13-3236 (D. Md. Apr. 10, 2014). The fact that the County rejected Tomi Boone Finkle (“Finkle”) for a position with a volunteer patrol did not exclude her from coverage on the...

Kollman, Saucier, & Jackson

04/10/2014

Disability & Leave, Pregnancy Discrimination, State Law

The 2014 session of the Maryland General Assembly came to a close Monday night, ending a 90-day term in which state lawmakers passed numerous laws, including legislation raising the state’s minimum wage. Maryland’s minimum wage will increase to $8/hour on January 1, 2015, and gradually rise to $10.10/hour in 2018. Included among the State’s new laws is the Parental Leave Act, which requires certain employers to provide unpaid parental leave...

Kollman, Saucier, & Jackson

04/09/2014

Disability & Leave, Employment Discrimination

A recent opinion out of the Fourth Circuit Court of Appeals provides a good reminder: sometimes, no matter what their "protected status," an employee’s behavior warrants dismissal. In Pearlman v. Pritzker, No. 13-1563 (4th Cir. Apr. 3, 2014), the Fourth Circuit concluded that a federal agency lawfully fired an insubordinate employee who had a "black-list" and was known for angry outbursts. Michael Pearlman was hired by the National Oceanic...

Kollman, Saucier, & Jackson

04/01/2014

Agency Activity, Labor Law

Each year the General Counsel to the National Labor Relations Board meets with labor attorneys at the American Bar Association's Midwinter meeting of the Labor and Employment Section. In this meeting, the General Counsel answers questions about the Board's case handling processes and priorities. On March 26, 2014, the NLRB released a memorandum summarizing the information provided by the General Counsel in this year's meeting. For those of you...

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Email Updates

Employer Responsible For Customer Harassment Of Its Employee

Baltimore City Council Passes "Ban the Box" Law

How a $50 Garnishment Error Spawned a Class Action Lawsuit

Take the Money and Run - or Not

Diabetic Employee May Have Right to Snack on Employer's Products as Reasonable Accomodation

Transsexual’s Volunteer Status Did Not Bar Her Sex Bias Claims

Parental Leave Act Passed by Maryland General Assembly

Reasonable Accommodation Obligation Does Not Give Deaf Employee Right to Be a Bully

NLRB Signals What's On Its Agenda

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