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

Texas Court Strikes Down FLSA Collective Action

Kollman & Saucier

11/14/2013

Over the past few years, employers have been besieged by "collective actions" filed under federal and state wage and hour laws. These lawsuits aggregate individual claims for unpaid overtime into class actions, thereby making it much more lucrative for a plaintiff's attorney to invest the time and effort into pursuing the case. In Jones v. Xerox Commercial Solutions, LLC, No. 4:13-cv-650 (S.D. Tex., November 6, 2013), a federal court in Texas...

Kollman & Saucier

11/08/2013

Employment Discrimination, Legislative Developments

On November 7, 2013, the Senate voted in favor of the Employment Non-Discrimination Act (ENDA), with a bipartisan vote of 64-32. The ENDA would prohibit employment discrimination on the basis of sexual orientation. The ENDA, however, is unlikely to have the same success in the Republican-controlled House of Representatives, where House Speaker John Boehner has voiced his opposition to the bill. The Senate last voted on legislation prohibiting...

Kollman & Saucier

11/04/2013

Voting Leave

In anticipation of tomorrow -- Election Day 2013 -- employers should be sure their policies and practices on permitting time off to vote are legally compliant. Some states have no time-off requirements while others require time off to vote, with civil or criminal penalties for employers that fail to do so. State laws vary, as well, regarding the notice, if any, an employee is required to provide regarding his or her intent to take time off to...

Kollman & Saucier

11/01/2013

Legal Developments

Money, it's a crime Share it fairly But don't take a slice of my pie - “Money” by Pink Floyd The Times They Are a-Changin' - Bob Dylan The times are changing in college athletics. Most fans of college sports know that college athletes cannot be paid for their efforts without jeopardizing their amateur status and possibly incurring (for them and their schools) severe penalties. This long held bastion of college athletics, however, is...

Kollman & Saucier

11/01/2013

Agency Activity, Labor Law

On October 29th, the Senate confirmed Richard F. Griffin Jr. as the NLRB’s new General Counsel. He replaces Lafe E. Solomon, who filed the much publicized case against Boeing. Mr. Griffin, a longtime lawyer for the International Union of Operating Engineers, previously served on the NLRB but was replaced amid controversy and litigation over whether President Obama’s recess appointments (of which he was one) were unconstitutional. Mr....

Kollman & Saucier

10/23/2013

Employment Discrimination, Sexual Harassment

On October 16, 2013, a federal court in Alabama dismissed a sex discrimination claim brought by a female manager who alleged she was unfairly disciplined for sexual harassment while her male co-workers were allowed to get away with such behavior. Meyer v. Lincare, Inc. (M.D. Ala. 10/16/13). The court found that there was no evidence of disparate treatment because the male comparator she identified was not a manager, nor had he engaged in...

Darrell VanDeusen

10/16/2013

Supreme Court Decisions

The Supreme Court began its term last week with eight labor and employment cases on tap. Let’s take a look: NLRB v. Noel Canning. This is the case of the term. The Court will review the D.C. Circuit’s decision that President Obama’s January 2012 recess appointments of three National Labor Relations Board (NLRB) members were invalid because they did not occur between Senate sessions and did not fill vacancies that arose during such an...

Darrell VanDeusen

10/14/2013

FMLA

The Family and Medical Leave Act (FMLA) grants eligible employees the right to take job protected leave. An employer that denies an employee such rights may be faced with an FMLA “interference” claim. The FMLA also precludes employers from discriminating or retaliating against employees for exercising those rights, and employers must defend against such “retaliation” claims as well. In the typical retaliation case, an employee subject to...

Kollman & Saucier

10/09/2013

Military Leave

In a recent opinion, the First Circuit recognized that the Uniformed Services Employment and Reemployment Rights Act’s (USERRA) escalator principle applies when a promotion is discretionary. Rivera-Melendez v. Pfizer Pharm., LLC, No. 12-1023 (1st Cir. Sept. 20, 2013). Luis Rivera-Melendez began working for Pfizer in 1994. He received several promotions over the next decade, and by 2004, held an hourly, non-exempt position as an active...

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Email Updates

Texas Court Strikes Down FLSA Collective Action

Sexual Orientation One Step Closer To Becoming A Federally Protected Status

Election Day Politics For Employers

Court Allows Ed O’Bannon Lawsuit Against NCAA To Go Forward

Senate Confirms Former Union Lawyer as New NLRB General Counsel

So You Think Your Boss is Strange? Check This Out ...

The Supreme Court’s 2013-14 Labor & Employment Docket

First Circuit Rules on FMLA Retaliation Rights for Employees Who Are Not FMLA-Eligible

USERRA “Reasonable Certainty” Test Applies To Discretionary Promotions

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