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

"Not Willful" Is Not The Same As "No Bad Faith" - A Lesson In FLSA Liquidated Damages

Kollman & Saucier

08/06/2019

Damages, Employer Liability, Wage & Hour

After a jury verdict was returned in favor of a group of Baltimore nightclub exotic dancers for their claims under the Fair Labor Standards Act and Maryland wage and hour law against the nightclub owner and the two nightclub entities, the presiding Magistrate Judge also awarded liquidated damages to the plaintiffs. The club owner appealed on various grounds including questioning how the judge was able to award liquidated damages when the jury had...

Kollman & Saucier

08/02/2019

Hostile Work Environment, National Origin, Race Discrimination, Religious Discrimination

A recent case out of the U.S. District Court for the Northern District of Illinois demonstrates how a supervisor’s repeated derogatory comments about an employee’s Middle Eastern background and religion that forced her to take medical leave became a triable discrimination claim. Odisho v. U.S. Bancorp, Inc., No. 16 C 11121 (N.D. Ill. 7/24/19). Juliet Odisho worked as a Structured Finance Analyst for US Bank (“Bank”) where she reported...

Kollman & Saucier

08/01/2019

Direct Evidence, Race Discrimination

I recently blogged about a case where a supervisor told an employee that she “[couldn’t] stand [his] black ass” in an altercation that culminated in the employee’s termination. There, despite the closeness in time between the comment and the employment decision at issue, the court found insufficient evidence of unlawful discrimination, and the employer won the case. More recently, a case out of Maryland’s federal district court...

Kollman & Saucier

07/31/2019

Retaliation, Virginia Employment Law

Employers may find it concerning when their employees with performance issues also complain of workplace discrimination. A recent decision out of the Eastern District of Virginia illustrates how progressive discipline, documentation of employee work performance problems, and investigation of employee workplace complaints can help protect employers in the long run. Gooding-Williams v. Fairfax County School Board, No. 1:18-cv-01177 (E.D....

Kollman & Saucier

07/29/2019

Employment Discrimination, Retaliation

When serious problems in the workplace arise, a settlement and release that allows the employer and employee to go their separate ways often presents as an attractive resolution. The employee can separate neutrally to look for a more suited work environment, while the employer can move on without fear of litigation. Unless of course the agreement fails to properly address prospective employer inquiries, in which case an employer may well find...

Kollman & Saucier

07/26/2019

Arbitration

Recently, a California Court of Appeal rejected a plaintiff/appellant’s claim that his case against his former employer -- which went to arbitration pursuant to their employment agreement -- should be reversed due to the arbitrator’s alleged undisclosed bias against homosexuals. Bogue v. Anesthesia Service Medical Group, Inc., No. D073518 (Cal. App. 4th Dist. 7/17/19) (unpublished). Dr. Bogue was an anesthesiologist for Anesthesia Service...

Kollman & Saucier

07/25/2019

Employment Discrimination, Virginia Employment Law

The Americans With Disabilities Act, like most other federal anti-discrimination statutes, requires that an employee file suit within 90 days of their receipt of a Right to Sue Notice from the Equal Employment Opportunity Commission. A Virginia man recently found out that federal courts take this requirement seriously when the United States District Court for the Eastern District of Virginia dismissed his disability discrimination suit because it...

Kollman & Saucier

07/24/2019

Direct Evidence, Hostile Work Environment, National Origin, Pretext

Direct, qualification, and comparator evidence, oh my! In a recent decision, the Fourth Circuit recounted the ways in which a former utility distribution serviceman failed to prove discrimination in violation of Title VII and Section 1981. Matias v. Elon University, No. 18-2507 (4th Cir. 7/22/19) (unpublished). Matias, who is Mexican, worked for Elon University from 1999 to 2016. After being promoted to utility distribution...

Kollman & Saucier

07/22/2019

Labor Law, NLRB

Under the National Labor Relations Act (NLRA), employees have the right to discuss their wages with colleagues. The NLRA does not give employees who surreptitiously access wage data the right to discuss that information with colleagues, however. In an advice memorandum released July 16, the National Labor Relations Board’s Office of the General Counsel provides a reminder that employees who cross the line by improperly obtaining wage...

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"Not Willful" Is Not The Same As "No Bad Faith" - A Lesson In FLSA Liquidated Damages

Employee’s Medical Leave Can Be An Adverse Employment Action If Caused By Discriminatory Comments

Court Finds Client Remark About “Rednecks” To Be Direct Evidence Of Discrimination

Documentation of Performance Issues Defeats Employee’s Claims of Retaliation

Separation Code That Raises Red Flags Can Constitute Post-Settlement Retaliation

Arbitrator’s Alleged Bias Against Homosexuals Is Not Grounds to Reverse Award

Virginia Court Dismisses Late-Filed Discrimination Suit

Fourth Circuit Rejects Employee’s Claim of Mexican Heritage Bias

NLRA Does Not Protect Employee’s Wrongful Access Of Confidential Data

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