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

“Forced” Arbitration Under Fire

Darrell VanDeusen

03/18/2019

Alternative Dispute Resolution (ADR) in the employment arena has been a hot topic for a couple of decades now. ADR, of course, comes in a variety of flavors – mediation and arbitration are a couple of them. But essentially, the ADR concept is to find ways other than a lawsuit in court to resolve claims more quickly and with less expense. That, at least conceptually, is a good thing, since court fights can take many years to work their way...

Kollman & Saucier

03/14/2019

Wage & Hour

Ed Alonso worked for Akal Security, Incorporated (“Akal”) as an Aviation Security Officer (“ASO”). ASO’s supervise people being deported from the United States during domestic travel between holding facilities and international travel to the deportees’ home countries. Once deportees are transported to their home countries, ASO's take a return flight to the United States. Akal’s policy provided for a one-hour unpaid meal period on...

Kollman & Saucier

03/13/2019

FMLA

Congress is exploring proposals for providing workers with paid parental leave law, which is something President Trump advocated in his most recent State of the Union address. The President’s plan, outlined in his 2020 budget proposal, calls for six weeks of paid leave for new parents to recover from childbirth and bond with a new child, including an adopted child. States would develop their own paid leave plans within the framework of existing...

Kollman & Saucier

03/12/2019

Maryland Healthy Working Families Act, Webinars

In follow up to our earlier communications about revisiting the MHWFA one year later, Garrett Wozniak has prepared a 35-minute webinar discussing: (1) the current status of the MHWFA; (2) best options for handling discipline and leave abuse issues; and (3) possible legislative changes in the pipeline. You may watch/listen to the webinar here. We intend to make these recorded webinars a more regular feature. We welcome any substantive questions...

Kollman & Saucier

03/08/2019

Agency Activity, Legal Developments, Legislative Developments, Wage & Hour

This has been an action-packed week on the wage and hour frontier. Two important decisions at the federal level are expected to significantly impact most employers going forward. Revised Overtime Rule First, on Thursday evening, the Department of Labor (DOL) announced its long-awaited proposed rule to update the salary exemption threshold under the Fair Labor Standards Act (FLSA) from its 2004 levels. All employees who are paid a salary falling...

Kollman & Saucier

03/01/2019

FMLA

Properly handling of mental illness under employment laws remains a challenge for employers. One of the most common misconceptions is that such conditions don’t trigger protected leave. A recent Fourth Circuit case however reminds us that notice to invoke Family and Medical Leave Act (FMLA) benefits does not require “any magic words,” and when it doubt, it’s always best to inquire more. Hannah P. v. Coats, No. 17-1943 (4th Cir....

Kollman & Saucier

02/26/2019

Sexual Harassment

Pursuant to the Stop Sexual Harassment in New York City Act, employers with 15 or more employees must conduct annual interactive sexual harassment training starting April 1, 2019. To help employers determine training obligations under the Act, the New York City Commission on Human Rights has issued a Frequently Asked Questions (FAQs)document. A summary is provided below: Employer Coverage Employers with 15 or more employees in the previous...

Kollman & Saucier

02/22/2019

Sexual Harassment

Earlier this week, a federal court in Oklahoma found that a former delivery driver for an auto parts store could not succeed on her sexual harassment claim based on a store customer’s conduct. Paden v. O’Reilly Auto. Stores, Inc., No. 4:2017-cv-00621 (N.D. Okla. Feb. 19, 2019). Paden began delivering auto parts for O’Reilly in March 2015. When Paden met Henry, a delivery customer, harassment ensued. Henry stated, “I can...

Kollman & Saucier

02/21/2019

Drug Testing

It’s no secret that legalized medical and recreational marijuana use is on the rise and causing employers to deal with their employees’ rights, if any, that come with it. Recently, an Arizona court found for an employee in a case of discrimination under the Arizona Medical Marijuana Act (AMMA). Whitmire v. Wal-Mart Stores Inc., Case No. 3:17-cv-08108 (D. Ariz. Feb. 7, 2019). Carol Whitmire worked as a cashier and customer service...

Kollman & Saucier

02/14/2019

Lactation In The Workplace, Sex Discrimination, Sexual Harassment

The Fair Labor Standards Act (FLSA) requires employers to provide reasonable break time for an employee to express breast milk for her nursing child for up to one year after the child's birth. Employers are also required to provide a place, other than a bathroom, that is shielded from view and free from intrusion from coworkers and the public, which may be used by an employee to express breast milk. While a potential violation of the FLSA...

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Email Updates

“Forced” Arbitration Under Fire

Meal Periods On Plane Are Not Compensable Time

Proposals Introduced For National Paid Leave Law

The Maryland Healthy Working Families Act... One Year Later (A Webinar)

Two Important Wage-Related Updates

Just Ask: Failure To Inquire Whether Mental Illness Is a Serious Health Condition Risks FMLA Liability

New York City Mandatory Sexual Harassment Training Law Set to take Effect April 1st

Employer Escapes Liability For Customer Sexual Harassment Of Employee

How High? Court Rejects Employer’s Belief That Employee Was Impaired At Work

Lactating KFC Employee Able To Use Denial Of Proper Place To Express Milk As Evidence In Her Sex Harassment Claims

Email Updates