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

Supreme Court Denies Review On FMLA Interference Burden Of Proof

Kollman, Saucier, & Jackson

01/31/2013

The burden of proof in interference claims under the Family and Medical Leave Act (FMLA) is one that divides the federal appellate courts. But not enough, it appears, to warrant Supreme Court review. On January 14, 2013, the Supreme Court denied a petition for a writ of certiorari in Thomsen v Stantec, Inc., , 2013 U.S. LEXIS 751 (Jan. 14, 2013), which sought to have the Court consider the issue. Thomsen was an electrical engineer for Stantec....

Kollman, Saucier, & Jackson

01/15/2013

Disability & Leave, Retaliation

A former FedEx mail courier sued the global delivery service company after being terminated for falsifying delivery records following her return from leave under the Family and Medical Leave Act. Kimberly Laing, a twenty-one year employee, claimed FedEx terminated her in retaliation for taking FMLA leave and failed to restore her to an equivalent position after she came back. The Fourth Circuit Court of Appeals unanimously affirmed summary...

Kollman, Saucier, & Jackson

01/11/2013

Reasonable Accommodations/Undue Burden, Religious Discrimination

The Fourth Circuit recently affirmed that a reasonable accommodation of an employee’s religious beliefs is not required if such accommodation would cause an undue hardship. That is, an accommodation is not necessary if it would result in more than a de minimis cost to the employer. EEOC v. Thompson Contracting, Grading, Paving, & Utils. Inc., No. 11-11897 (4th Cir. Dec. 14, 2012) (unpublished). Banayah Yisrael worked for Thompson...

Kollman, Saucier, & Jackson

12/31/2012

Employment Contracts, Legislative Developments, State Law, Unemployment Insurance

It may not be as ominous as the Fiscal Cliff, but Maryland employers should take heed: there is legislation proposed for the upcoming General Assembly session that would render inapplicable a valid non-competition agreement between an individual and his or her prior employer under certain circumstances. Senate Bill 51, which would amend the Labor and Employment Article of the Maryland Annotated Code, provides that if any individual applies for and...

Kollman, Saucier, & Jackson

12/20/2012

Litigation, Wage & Hour

Three former Rite Aid pharmacists filed a class action suit against the national retain drugstore chain, seeking overtime pay under state and federal laws. The professionals contended that Rite Aid’s unpaid personal leave policy disqualified them from exempt status under the Fair Labor Standards Act (FLSA), and impermissibly reduced their salaries. Maryland’s federal district court granted summary judgment for Rite Aid, finding that the...

Kollman, Saucier, & Jackson

12/19/2012

Business Law

Beginning the first of the year, the Consumer Financial Protection Bureau (CFPB) will administer the Fair Credit Reporting Act (FCRA). The FCRA governs substantive and procedural requirements for employers who use consumer reports and records for employment purposes, among other things. In anticipation of this change, the CFPB issued an interim final rule in December 2011, which includes a variety of model forms. As a practical matter, these...

Kollman, Saucier, & Jackson

12/18/2012

State Law, Wage & Hour

Companies with operations in multiple states will want to take note of the minimum hourly wage increases that are being implemented on January 1, 2013 in various states: Arizona is increasing its minimum hourly wage from $7.65 to $7.80. The minimum wage for tipped employees increases from $4.65 to $4.80. Colorado will increase its minimum wage from $7.64 to $7.78. Minimum wage for tipped employees will go from $4.62 to $4.76. Florida is...

Kollman, Saucier, & Jackson

12/18/2012

Litigation, State Law, Workplace Safety

A federal appellate court has ruled that the employer of a woman raped by a co-worker is not liable for negligent hiring when it failed to conduct a background check on the co-worker, even though the employee had prior convictions for sexual crimes. Keen v. Miller Environmental Group, _F. 3d. _ (5th Cir. 12/10/12). The court held that Mississippi law did not impose a generalized duty to conduct background checks, regardless of whether the employer...

Kollman, Saucier, & Jackson

12/12/2012

Labor Law, Legislative Developments

On Monday, President Obama told a Michigan audience that he opposes right to work laws because "unions have helped build not just a stronger middle class but a stronger America." If the gentlemen shown in this video from yesterday's protests at the Michigan state house are representative of union membership, we don't need this kind of "stronger America" - unless we are in need of casting for a remake of Rocky...

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Email Updates

Supreme Court Denies Review On FMLA Interference Burden Of Proof

Employer Not Liable Under FMLA for Terminating Employee for Falsifying Reports

Employer Off The Hook For Not Accommodating Employee’s Religious Beliefs

Proposed Maryland Legislation Would Eliminate Non-Compete Obligations For The Unemployed!

Rite Aid’s Full-Day Unpaid Leave Policy Valid under FLSA

Revised FCRA Notices For The New Year

Be Prepared For Various State Minimum Wage Increases Effective January 1, 2013

Employer Not Liable for Failing to Do Background Check on Employee Who Raped Coworker

Unions Make America "Stronger" - Really?

Email Updates