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

NLRB Reverses Course on Legality of Investigation Gag Orders

Kollman, Saucier, & Jackson

12/19/2019

Employers have a legitimate interest in investigating allegations of employee misconduct. It seems obvious that a certain amount of confidentiality is required to maintain the integrity of those workplace investigations. Otherwise, investigations may be hindered. Parties may be coached or discuss ahead of time what they will say, accusers may openly discuss complaints and try to influence others to provide corroboration, employees...

Frank Kollman

12/19/2019

Wage & Hour

Most employers are familiar with the terms "minimum wage" and "hourly rate," but many are not familiar with the term "regular rate." Because overtime compensation must be paid at one and a half times an employee's "regular rate," not "hourly rate," you should. Let's start with an example of the difference. Assume an employee's hourly rate is $20.00 an hour, but he receives bonuses and commissions based on productivity. His...

Kollman, Saucier, & Jackson

12/16/2019

Employment Discrimination, Sexual Harassment, Virginia Employment Law

A federal court in Virginia recently found that a former employee of the Department of Veterans Services (DVS) presented enough evidence that her supervisor’s hugs and kisses comprised an assault and battery against her, but not enough to establish sexual harassment or hostile work environment under Title VII. Back v. Commonwealth of Virginia, et al., No. 7:17-cv-00477 (W.D. Va. 11/27/19). Back worked as a Veterans Services Representative...

Kollman, Saucier, & Jackson

12/13/2019

Employment Discrimination

A federal court in Pennsylvania recently ruled that an African American mine worker who faced several instances of racist epithets and imagery at the work site produced sufficient evidence to overcome the mining company’s motion for summary judgment. Robinson v. Consol Pennsylvania Coal Company, LLC, No. 2:18-cv-00555-NR (W.D. Penn. 11/27/19) Robinson worked for Consol Pennsylvania Coal Company (Consol). Over the course of several...

Frank Kollman

12/12/2019

Workplace Safety

A supervisor in North Dakota has been indicted for obstruction of justice in connection with an OSHA investigation of a worker's death. US v. Reisinger, Case 1:19-cr-00240-DLH (DND, 2019). The supervisor of forty (40) employees allegedly lied about his knowledge of the work being performed and whether it posed a hazard. He also is charged with concealing evidence from OSHA in the form of written work orders. The accident...

Kollman, Saucier, & Jackson

12/10/2019

Employment Discrimination, National Origin, Race Discrimination

The U.S. District Court for the District of Maryland recently ruled that a former employee of the Washington Metropolitan Area Transit Authority (WMATA) may proceed with trial in his race and national origin discrimination case against the transit service agency based, in part, on several of the employer’s questionable assertions concerning their hiring process. Thomas v. Washington Metropolitan Area Transit Authority, No. PX-18-00175 (D. Md....

Kollman, Saucier, & Jackson

12/09/2019

Employment Discrimination, Litigation

The Fourth Circuit recently upheld a decision denying relief to a deceased KFC employee whose lawsuit was filed two days after his death. House v. Mitra QSR KNE LLC, No. 18-1779 (4th Cir. 12/3/19) (unpublished). House worked as a General Manager for KFC in Baltimore when he told his supervisor he suffered from alcoholism and was seeking treatment in a rehab program. When he returned from rehab, he discovered he had been fired. He...

Kollman, Saucier, & Jackson

12/05/2019

Employment Discrimination, Virginia Employment Law

An Arlington County pre-kindergarten school teacher saw his claim of gender discrimination rejected by a federal court when the County did not renew his contract due to poor performance. In Ostrem v. Arlington County School Board, Judge Hilton of the United States District Court for the Eastern District of Virginia granted summary judgment to the school board, concluding that the plaintiff had failed to establish a prima facie case...

Kollman, Saucier, & Jackson

12/04/2019

Employment Discrimination, Retaliation

The U.S. District Court for the District of Maryland recently denied relief to an employee of the Wicomico County Department of Corrections (WDCD) who claimed that she faced unlawful discrimination via several department reassignments and disciplines. Passwaters v. Wicomico County, No. 1:18-CV-02923 (D. Md. 11/27/19). Passwaters worked as a Correctional Officer for WCDC. She was promoted to Master Correctional Officer and offered a...

Frank Kollman

12/02/2019

Independent Contractors

Uber claims that its drivers are independent contractors. New Jersey, on the other hand, says that they are employees. What’s the difference? At least $650 million in unpaid unemployment and state disability taxes, according to New Jersey. This tax bill should remind you that there are serious penalties for misclassifying employees as independent contractors. In addition to NJ, the federal and most state governments are becoming more...

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Email Updates

NLRB Reverses Course on Legality of Investigation Gag Orders

Department of Labor Clarifies “Regular Rate”

Supervisor’s Hugs & Kisses Were Assault & Battery, Were Not Harassment Under Title VII

Employer's Sloppy Investigation Leads to Trial on Discrimination Claim

If You Cooperate with the Government, Do Not Lie - An OSHA Lesson

Failure to Hire Claim May Go to a Jury After Court Doubts Employer’s Assertions

Deceased Employee Lacks Standing to Sue for Discrimination

Virginia School Teacher Fails to Prove Discrimination

Maryland Federal Court Finds Employee’s Reassignments Not Adverse Employment Action

Uber Hit With $650M in Employment Taxes in NJ

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