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

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

Kollman, Saucier, & Jackson

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...

Kollman, Saucier, & Jackson

02/12/2019

Employment Discrimination, Hostile Work Environment, Sexual Harassment, Virginia Employment Law

In today's #MeToo age, it is hard not to know that sexual harassment is wrong and illegal. This recent case of unlawful sexual harassment comes with an admittedly unexpected lens. Rumors that a female employee is "sleeping her way to the top" is the latest version of prohibited sexual harassment in workplace. While endless movies, TV shows and real life certainly contain examples of others discussing by the proverbial water cooler how so-and-so...

Kollman, Saucier, & Jackson

02/01/2019

Disability & Leave

The essential functions of a job are those duties that an employee must be able to perform, with or without reasonable accommodation. The Equal Employment Opportunity Commission (EEOC) advises that employers should consider the following factors to determine whether a function is essential: whether the position exists to perform the function; the number of other employees available to perform the function or among whom the performance of the...

Kollman, Saucier, & Jackson

01/29/2019

Independent Contractors, Labor Law

This past Friday, the National Labor Relations Board, in 3-1 decision, revitalized the importance of “entrepreneurial opportunity” in the analysis of whether a worker is an employee or independent contractor for purposes of the National Labor Relations Act (NLRA). SuperShuttle DFW, Inc., 367 NLRB No. 75 (Jan. 25, 2019). The distinction between employee and independent contractor status is important, because the former is protected by the NLRA...

Kollman, Saucier, & Jackson

01/29/2019

Virginia Employment Law, Wage & Hour

Unlike many states, Virginia does not provide a statutory right for employees to sue their employer for unpaid wages. At present, an employee is limited to filing a complaint with the state Department of Labor & Industry or filing suit for breach of contract. However, two bills introduced by Delegates from both sides of the aisle may soon change that. House Bills 1687 and 2524 would both amend Virginia Code Section 40.1-29 to allow employees...

Kollman, Saucier, & Jackson

01/24/2019

Business Law, Employment Discrimination

In the Internet age, many employers take it upon themselves to do their own "informal" background check on new hires by Googling the person's name to see what comes up. While it is not illegal to conduct such searches, a recent court decision from a Maryland federal judge shows that these searches may lead to litigation. In the case of Bing v. Brivo Systems, LLC, No. PX-18-1543 (D. Md. 1/22/19), Plaintiff Bing applied for a job as a Customer...

Kollman, Saucier, & Jackson

01/16/2019

Employment Discrimination, Supreme Court Decisions

The Supreme Court has granted a writ certiorari to address the question of whether Title VII’s requirement of the need to file a charge with the Equal Employment Opportunity Commission (EEOC) before going to court is a jurisdictional or administrative exhaustion requirement. The case comes from the Fifth Circuit and has been bouncing around the lower courts for many years. Davis v. Fort Bend Cty., 893 F.3d 300 (5th Cir. 2018), cert....

Kollman, Saucier, & Jackson

01/13/2019

Employment Discrimination, Labor Law, NLRB

Note: This is a story about an employment issue at the NLRB. Apropos of nothing perhaps, the NLRB has been open throughout the Government Shutdown, while the EEOC has been closed. We all misplace stuff, right? I found my car keys right where I left them. And my glasses were right on my forehead, which my wife pointed out to me. But, in 34 years of law practice, I have never misplaced (read “lost”) confidential documents. I do recall...

Kollman, Saucier, & Jackson

01/09/2019

Sexual Orientation

On January 11, 2019, the Supreme Court will consider whether to take any one of three cases that may clarify whether Title VII’s prohibition on discrimination based on sex includes discrimination against LGBT applicants and employees. At the same time, a heterosexual woman in Louisiana is trying to convince a federal appeals court that she was discriminated against because of her heterosexual orientation when she was fired by a gay supervisor,...

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

Rumors About Sleeping With Her Boss Nets One Employee A Viable Sexual Harassment Claim

Know The Essential Functions of the Jobs In Your Workplace

NLRB Restores Independent Contractor Analysis

Virginia General Assembly Considering Bills to Allow Employees to Sue for Unpaid Wages

Maryland Court Dismisses Discrimination Claims Based on Employer's Background Check

Supreme Court to Decide if EEOC Charge Filing is Jurisdictional or Administrative

Now Where Did I Put Those Confidential Documents?

Fifth Circuit To Consider Claim Of “Reverse” Sexual Orientation Bias

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