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

International USW Ousts Local 9477’s Officials and Seizes Assets

Kollman & Saucier

02/19/2013

In a decidedly un-brotherly move, the President of the United Steelworkers International has placed Local 9477, the local union hall representing the steelworkers in Sparrows Point and the surrounding businesses, under an “administratorship,” Baltimore Brew reported yesterday. According to the report, Local 9477’s officers have resigned or been suspended and last Thursday, Joe Rosel, Jr., president of Local 9477 was escorted from the premises...

Kollman & Saucier

02/18/2013

Disability & Leave, Pregnancy Discrimination

The Fourth Circuit confirmed a delivery driver barred from working due to a pregnancy-related lifting restriction lost her claims under Americans with Disabilities Act (ADA) and the Pregnancy Discrimination Act (PDA) against UPS. Young v. United Parcel Serv., Inc., No. 11-2078, 2013 U.S. App. LEXIS 530 (Jan. 9, 2013). In 2006, UPS employee Peggy Young became pregnant while on leave and was given a twenty-pound lifting restriction. The ability to...

Darrell VanDeusen

02/18/2013

Damages, Retaliation, Wage & Hour

Is it a requirement to award liquidated damages in a wage and hour retaliation case? The question has been raised before and rejected. It has now been rejected again. This time, in Moore v. Appliance Direct, Inc., 2013 U.S. App. LEXIS 3047 (11th Cir. Feb. 13, 2013), the Eleventh Circuit held that the plain language of the Fair Labor Standards Act (FLSA) makes the award of liquidated damages discretionary and agreed with the Sixth and Eighth...

Kollman & Saucier

02/15/2013

Labor Law

The Fourth Circuit, in an unpublished opinion, recently enforced a National Labor Relations Board decision, which concluded that a Maryland employer committed numerous unfair labor practices when it engaged in surveillance of union activities, unilaterally modified the terms and conditions of employment, and unlawfully terminated an employee. The case, Pessoa Construction Company v. NLRB, Nos. 11-1688, 11-1776 (4th Cir. Jan. 25, 2013)...

Kollman & Saucier

02/11/2013

Disability & Leave, Litigation, Public Sector Employment Law

A federal court in Maryland dismissed a disability discrimination lawsuit filed by a police officer trainee who needed more than 17 minutes to run a mile and a half. LaPier v. Prince Georges County, No. 8:10-cv-02851 (2/7/13). Rejecting the officer’s requests for a permanent light duty assignment or modification of the police department’s fitness standards, the Court held that it was not unreasonable to require police officers to be able to...

Darrell VanDeusen

02/07/2013

Agency Activity, FMLA

On the 20th Anniversary of the Family and Medical Leave Act (FMLA), the DOL issued its final regulations on Servicemember FMLA and on Flight Crew eligibility. There was little outcry about these changes to the regulations. The changes take effect 30 days from their publication in the February 6, 2013 Federal Register, which republished all of the FMLA regulations, as well as the changes. You can find them through this...

Darrell VanDeusen

01/31/2013

FMLA

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

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

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...

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Email Updates

International USW Ousts Local 9477’s Officials and Seizes Assets

No Preferential Treatment for Pregnant Employees: Fourth Circuit Holds for Employer in Disability and Pregnancy Discrimination Lawsuit

Liquidated Damages In FLSA Retaliation Claims Are Not Mandatory

Employers Reminded to Avoid Unilateral Changes and Surveillance of Union Activity

Maryland Court Dismisses ADAAA Claim Brought By Cop Who Can’t Run Fast

Department of Labor Issues Revised FMLA Regulations

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

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