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

Oh Please, Please, Cut it Out.

Kollman, Saucier, & Jackson

07/24/2020

My last blog focused on the NLRB’s July 21, 2020 decision in General Motors LLC, N.L.R.B., 369 NLRB No. 127 (7/21/20), returning to the Wright Line test when an employee uses profane language in the workplace and the resulting discipline that should occur. In overturning a number of prior decisions, NLRB Chair John Ring said: “the Board has protected employees who engage in obscene, racist, and sexually harassing speech not tolerated in almost...

Kollman, Saucier, & Jackson

07/22/2020

Labor Law

One of the first cases I worked on as a baby lawyer involved a guy who was fired for cussing out his supervisor. The employee’s union claimed that it was really because of his protected union activity; he was simply disagreeing with his boss. Colorfully. Very colorfully. I was tasked to figure out whether the company should rescind the termination. The answer was no: the “Wright Line” test (based on the NLRB’s decision in Wright...

Kollman, Saucier, & Jackson

07/21/2020

FMLA

The U.S. Department of Labor published a request for information on July 16, 2020, seeking comments on possible revisions to the DOL’s FMLA regulations. If you are an employer interested in submitting comments to the DOL, we can help you do that. Just let us know. Submissions are due on or before September 15, 2020. The notice states that “the Department seeks input from employers and employees on the current FMLA...

Kollman, Saucier, & Jackson

07/14/2020

COVID-19

The Centers for Disease Control and Prevention ("CDC") has issued new guidance on the use of cloth face coverings, including recommendations for when face coverings may not be appropriate in the workplace. The CDC guidance supplements OSHA's 'Frequently Asked Questions" on the use of cloth face masks that were published in early June. According to the CDC, cloth face coverings "are recommended as a simple barrier to help prevent respiratory...

Kollman, Saucier, & Jackson

07/09/2020

Employment Discrimination

On July 8th, the Supreme Court ruled that employment discrimination laws do not apply to teachers at schools run by religious institutions. The Court's 7-2 decision in Our Lady of Guadalupe School was a combination of two cases brought by teachers in Catholic schools in California – Our Lady of Guadalupe School v. Morrissey-Berru and St. James School v. Darryl Biel (as personal representative of the estate of Kristen...

Kollman, Saucier, & Jackson

07/07/2020

COVID-19, Workplace Safety

Before the July 4th weekend, the Department of Labor’s (DOL) Occupational Safety and Health Administration (OSHA) published frequently asked questions and answers about best practices for preventing the spread of COVID-19 in the workplace. The FAQs cover topics from cleaning and disinfecting to personal protective equipment. The answers include links to relevant OSHA publications like OSHA’s Guidance on Returning to Work and an OSHA Alert...

Kollman, Saucier, & Jackson

06/30/2020

COVID-19

This past Friday, the DOL issued a Field Assistance Bulletin (No. 2020-4) that clarifies circumstances under which an employee may take leave under the Families First Coronavirus Response Act (FFCRA) due to closure of a summer camp or other program. As a refresher, the FFCRA requires most employers with fewer than 500 employees to offer paid leave for reasons related to the COVID-19 pandemic. This includes situations where an employee is unable to...

Vincent Jackson

06/25/2020

Agency Activity, Wage & Hour

The Department of Labor has pulled back from its policy of seeking liquidated damages – or “double” damages – against employers in wage and hour investigations. On June 24, 2020, the DOL issued a field assistance bulletin which stated that it will no longer apply the default policy of seeking pre-litigation liquidated damages from employers who are found to owe back wages to workers. Specifically, the Department will not assess...

Vincent Jackson

06/22/2020

COVID-19

As businesses begin the challenge of reopening and ensuring the safety of employees in the midst of the COVID-19 pandemic , the EEOC issued important guidance last week regarding the use of antibody testing. Antibody tests look for signs in the blood to determine whether the person being tested was ever infected with COVID-19—even if that person never showed symptoms. While antibody tests do not test for immunity, they may...

Kollman, Saucier, & Jackson

06/17/2020

Virginia Employment Law

This most recent General Assembly session saw a dramatic shift in the employment law landscape in Virginia. Through a number of new bills, Virginia has transitioned from a very “employer friendly” state to one that is significantly more “employee friendly.” With the exception of the public sector collective bargaining law, the legislation will go into effect on July 1, 2020. Below is a summary of the most significant...

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Email Updates

Oh Please, Please, Cut it Out.

Wright Line is Baaaaaaaack. No More Cussin’ Folks.

New FMLA Regs on Tap? Oh, and NEW Forms Are Here

CDC Issues New Guidance On Cloth Face Coverings and Face Shields

Supreme Court Rules “Ministerial Exception” Applies to Catholic School Teachers In Discrimination Cases

OSHA Publishes Faqs For Workplace Safety During Covid-19 Pandemic

DOL Clarifies Rules for FFCRA Usage Due to Summer Camp Closure

DOL Will No Longer Seek Liquidated Damages As A Default Policy In Wage And Hour Cases

EEOC Clarifies That Employers Cannot Require Antibody Tests For Employees Returning To Work

Sweeping Changes to Virginia Employment Law Set to Take Effect July 1st

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