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

K&S Congratulates Best Lawyers' Award Winners

Kollman & Saucier

09/04/2013

Kollman & Saucier is pleased to announce that Best Lawyers, one of the most highly respected legal industry peer review publications, has honored Eric Paltell as its 2014 “Management Labor Lawyer of the Year” for the Baltimore area. Only one attorney in each practice specialty in a designated metropolitan area is honored as the “Lawyer of the Year.” Eric was selected based upon feedback from other practitioners in the...

Frank Kollman

09/02/2013

Frank Kollman's Blog

I like to think of myself as a moderate. On the other hand, I have strong opinions on many things. I try to keep an open mind with people with whom I disagree, but like Mark Crislip on Quackcast, I do have standards. Lately, I have tried to be fair and keep an open mind, but extremists have certainly made it difficult. I’m reminded of Barry Goldwater, who said: “Extremism in the defense of liberty is no vice. And moderation in the...

Peter Saucier

08/30/2013

Agency Activity, Disability & Leave

For years Americans have strived to protect individuals with disabilities and veterans from discrimination. If you can do the job, and do it well, you ought not be disadvantaged by a physical or mental impairment that does not interfere with your ability to do the job. Moreover, if you served your country in the military you ought not be treated unfairly. Now, the Office of Federal Contract Compliance Programs, a division of the Department of...

Clifford Geiger

08/29/2013

Disability & Leave, State Law

According to a federal court in Colorado, having a prescription for medical marijuana does not excuse a failed drug test. Curry v. MillerCoors, Inc., Docket No. 1:12-cv-02471 (D. Colo. Sept 17, 2012) Paul Curry worked for MillerCoors, Inc. According to his complaint, Mr. Curry suffers from hepatitis C, osteoarthritis and pain, and he is licensed by the State of Colorado to use medical marijuana pursuant to that state’s Medical Marijuana...

Darrell VanDeusen

08/26/2013

Agency Activity, Labor Law

Even though we now have the first complete NLRB in over a decade, the fallout from the Obama Administration’s recess appointments at the Board continue to percolate through the courts. A recent decision from a federal district court in Washington state has denied the Board’s petition for an injunction against an employer because acting general counsel Lafe Solomon’s appointment was “improper” and he lacked the power to authorize an...

Darrell VanDeusen

08/22/2013

Labor Law

The Tribune newspapers reported about a week ago on the current trend of unions raiding other unions for members. This was the report: “Mechanics for American Airlines may soon check their mail and find a strange package: airplane vomit bags. They’re part of a campaign by the Transport Workers Union to fend off a challenge from a rival union: the Teamsters, which wants the mechanics to defect to its ranks. The bag is part of a Transport...

Darrell VanDeusen

08/20/2013

FMLA, Wage & Hour

In a real head scratcher, the Sixth Circuit has held 2-1 that volunteer firefighters are “employees” who are counted for, and therefore get protection under, the Family and Medical Leave Act. Mendel v. City of Gibraltar, 2013 U.S. App. LEXIS 16922 (August 15, 2013). The majority made this decision based on the “substantial wages” paid for the services performed. The City of Gibraltar, Michigan has approximately 25 volunteer firefighters...

Kollman & Saucier

08/19/2013

Firm News

K&S attorneys Eric Paltell and Susan Bathgate are featured in the July 2013 issue of Data Protection Law and Policy, a monthly journal for data protection professionals. Eric and Susan co-authored an article on recent National Labor Relations Board decisions restricting the use of confidentiality policies in both union and non-union workplaces. The article summarizes the lead NLRB cases that have issued in the past 18 months and recommends a...

Kollman & Saucier

08/14/2013

Employment Discrimination

Over the past few months, there has been a great deal of media attention focused on racially offensive statements allegedly made by Paula Deen, the renowned restaurateur and celebrity cooking show host. Deen's career and public reputation went south (so to speak) earlier this summer after her deposition in a race discrimination lawsuit filed by Lisa Jackson, the white general manager of a restaurant owned by Paula Deen and her family. In the...

Kollman & Saucier

08/09/2013

WARN

In Weekes-Walker v. Macon Cnty. Greyhound Park, Inc. (11th Cir., No. 12-14673, Aug. 5, 2013), the employees of Macon County Greyhound Park Inc. (“MCGP”) filed suit under the Worker Adjustment and Retraining Act of 1988 (“WARN”), alleging that MCGP violated WARN’s requirement that prior to a plant closing or a mass layoff, an employer must provide employees with 60-days notice. In January 2010, MCGP, an Alabama casino, temporarily laid off...

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Email Updates

K&S Congratulates Best Lawyers' Award Winners

Extremism and Moderation: Happy Management Day

Measuring Equality For All

Legal Pot Smoking Not Protected by Disability Discrimination Law

NLRB Takes Another Hit

Aren’t Unions Supposed to Bring People Together?

Volunteer Firefighters are “Employees” for FMLA Coverage

Eric Paltell and Susan Bathgate Publish Article on Workplace Confidentiality Issues

Court Dismisses Race Discrimination Claims Against Paula Deen

Eleventh Circuit Rules That Casino Failed to Meet WARN’s Unforeseeable Business Circumstances Exception

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