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

“Back to the Salt Mine” Not Anti-Union Threat, Says Third Circuit

Kollman, Saucier, & Jackson

05/27/2022

On May 20, 2022, the U.S. Court of Appeals for the Third Circuit issued its decision in FDRLST Media, LLC, v. NLRB, 2022 U.S. App. LEXIS 13664 (3d Cir. May 20, 2022), holding that a non-related party could pursue an unfair labor practice (ULP) claim against the right-leaning online magazine The Federalist. The court also held, however, that no ULP was committed by the editor’s tweet about sending employees back to the “salt mine.” In...

Kollman, Saucier, & Jackson

05/22/2022

Sexual Harassment, Virginia Employment Law

Communications between an attorney and its clients are privileged, and must not be shared in discovery. However, when that privilege is waived, communications between a client and the attorney lose their protection and become discoverable. That is what a U.S. District Court Judge concluded in a lawsuit filed in the U.S. District Court for the Western District of Virginia. In Jennifer Berry Brown v. Town of Front Royal, VA, Civil Action...

Kollman, Saucier, & Jackson

05/18/2022

COVID-19, Public Sector Employment Law

On April 21, 2022, New York Judge Judy H. Kim denied a request for a preliminary injunction filed by various unions on behalf of approximately 1,300 unvaccinated New York City (NY City) employees who were terminated from their positions on February 11, 2022. The Plaintiffs in this case seek declaratory relief from the court, claiming their termination was in violation of their due process rights as well as a permanent injunction to require the...

Kollman, Saucier, & Jackson

05/13/2022

Agency Activity, Disability & Leave

For the first time, the EEOC has issued guidance on how to comply with the Americans with Disabilities Act (ADA) when using artificial intelligence (AI) for employment decision-making. Overall, the Q&A document reiterates familiar principles of ADA law: (1) provide reasonable accommodations for an applicant/employee with a disability; (2) don’t use testing tools that intentionally or unintentionally screen out disabled individuals; and (3)...

Kollman, Saucier, & Jackson

05/11/2022

FMLA, Paid Leave

Yesterday, Delaware became the latest state to pass a law requiring private employers to participate in an insurance program that will provide paid family and medical leave to workers who meet certain eligibility requirements. The Healthy Delaware Families Act (Act) is similar to Maryland’s recently-passed Time to Care Act, as well as laws in 10 other jurisdictions that aim to ensure employees have access to paid time off for family and medical...

Kollman, Saucier, & Jackson

05/05/2022

Race Discrimination

In a recent decision, Palmer v. Indiana University, et al., No. 21-1634 (7th Cir. Apr. 14, 2022), the Seventh Circuit Court of Appeals affirmed summary judgment in favor of Indiana University and its trustees in a suit brought by a lecturer in the school’s business marketing department. Palmer, a lecturer and then senior lecturer, alleged that he was denied an early promotion because of his race and was paid less than a white colleague in...

Kollman, Saucier, & Jackson

05/03/2022

Sex Discrimination

Better yet, don’t make employment decisions based on protected characteristics. Title VII of the Civil Rights Act of 1964 prohibits discrimination in employment on account of race, color, religion, sex, and national origin, as well as retaliation by an employer against an individual who opposes or participates in a protected activity. Disabilities are covered by the Americans with Disabilities Act. Age is covered by the Age Discrimination in...

Kollman, Saucier, & Jackson

04/29/2022

Legislative Developments, Paid Leave

As Eric Paltell blogged about earlier this month, Maryland is now the 10th state to offer paid family leave to employees. Likely, many other states will follow suit. Below is a Q&A to unpack further what is required by the "Time to Care Act." What Employers Are Covered? Any public or private entity that employs at least one individual in Maryland. Employers may be eligible for an exemption under the Act if they can establish that they...

Kollman, Saucier, & Jackson

04/27/2022

Arbitration, Handbooks/Policies

Around the corner from our law offices is Nationwide Motor Sales Corporation (NMSC). NMSC has been sued by a collection of current and former sales persons who claim Nationwide failed to pay them more than $1 million in commissions. In response to the filed lawsuit, NMSC moved to compel arbitration, citing the Arbitration Agreement that is contained within its Employee Handbook. The Fourth Circuit just held, in Coady v. Nationwide Motor Sales...

Kollman, Saucier, & Jackson

04/22/2022

FMLA

The United States District Court for the Middle District of Pennsylvania recently addressed the proper role of employer-sought second opinions, as well as third opinions, in FMLA cases. Wert v. The Pennsylvania State University (April 15, 2022). Brenda Wert was an accountant at Penn State University. She had a medical certification allowing her to take one day of FMLA leave per week for migraines. When she started taking more time, Penn State asked...

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Email Updates

“Back to the Salt Mine” Not Anti-Union Threat, Says Third Circuit

Attorney’s Participation in Sexual Harassment Investigation Waives Attorney-Client Privilege

New York State Trial Court Denies Union’s Request for Preliminary Injunction to Restore Unvaccinated Employees

EEOC Issues New Guidance On ADA-Compliant Use of AI For Employment Decision-Making

Delaware Enacts Family and Medical Paid Leave Law

Professors Are Not Widgets

Don’t Refuse To Hire Someone Because Of Their Sex

A Deeper Dive Into Maryland's New Paid Family Leave Law

Handbook Receipt Language Dooms Mandatory Arbitration Clause

Second and Third Opinions In FMLA Cases

Email Updates