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

An Employer’s Statements Can Elevate An Employee’s Complaint Into Protected Activity

Kollman & Saucier

07/24/2018

The Fourth Circuit Court of Appeals has given new life to a plaintiff’s retaliation claim under Title VII of the Civil Rights Act of 1964. Strothers v. City of Laurel, 2018 U.S. App. LEXIS 18417 (4th Cir. July 6, 2018). The Court concluded that the plaintiff reasonably believed that she was harassed because of her race and her former employer knew that she was complaining about conduct that possibly violated Title VII. The City of Laurel hired...

Kollman & Saucier

07/19/2018

Labor Law

The Office of the General Counsel to the NLRB recently released new guidance on the types of employer handbook rules that are permissible in the wake of the Board’s December 2017 ruling in The Boeing Co, 365 NLRB No. 154 (12/17/17). In that case, the Board set a new standard for evaluating the lawfulness of workplace rules under Section 7 of the NLRA. The new standard weighs the importance of the employee’s exercise of their Section 7 rights...

Darrell VanDeusen

07/11/2018

Labor Law

The Court of Appeals for the Fifth Circuit recently enforced a decision of the National Labor Relations Board (NLRB) that In-N-Out Burger in Austin, Texas violated labor laws with its “no pins or stickers” rule, when it stopped employees wearing buttons supporting the “Fight for $15” campaign – a movement advocating for a $15 per hour minimum wage. In-N-Out Burger, Inc. v. NLRB, No. 17-60241, 2018 U.S. App. LEXIS 18472 (5th Cir. July 6,...

Kollman & Saucier

07/06/2018

Agency Activity, Labor Law

The National Labor Relations Board’s (NLRB) Division of Advice recently published an advice memorandum clarifying that the National Labor Relations Act (NLRA) can protect employees who engage in a solo strike. The memorandum centered on a former employee who was terminated from a Papa John’s restaurant in South Carolina after taking part in an August 2016 “Fight for $15” rally organized by several groups, including the Southern Workers...

Clifford Geiger

07/06/2018

Labor Law

In June 2017, while making his major league debut for the New York Yankees, right fielder Dustin Fowler crashed into a wall while chasing a foul ball at Chicago’s Guaranteed Rate Field. Fowler seriously injured his knee in the collision, sustaining a rupture of the patellar tendon. Fowler underwent surgery and missed the remainder of the 2017 season. Fowler has sued the Chicago White Sox and the Illinois Sports Facilities Authority,...

Clifford Geiger

07/05/2018

Immigration

The U non-immigrant visa is for victims of crimes who have suffered substantial mental or physical abuse and are willing to assist law enforcement and government officials in the investigation or prosecution of the criminal activity. Congress created the U non-immigrant visa with the passage of the Victims of Trafficking and Violence Protection Act (including the Battered Immigrant Women’s Protection Act) in October 2000. The legislation was...

Kollman & Saucier

06/29/2018

Employee Benefits, Employment Contracts

As any regular reader of this blog knows, at-will employment – under which an employee may be terminated for almost any reason, or no reason at all – is the “default” relationship in most jobs. There is also no requirement in most industries that parties utilize an employment contract. Parties who choose to form an employment contract, however, may (but are not required to) modify this at-will employment in a variety of ways. Most...

Kollman & Saucier

06/27/2018

Labor Law, Public Sector Employment Law, Supreme Court Decisions

On the last opinion day of the 2017-2018 term, the Supreme Court issued a long-expected decision prohibiting public sector collective bargaining agreements from requiring employees who are not members of the union to pay agency fees. In a 5-4 decision written by Justice Alito, the Court overturned 41 year old precedent and ruled that requiring non-members to pay a fee to the union representing them violates the free speech rights of employees who...

Kollman & Saucier

06/22/2018

Agency Activity

This week, the U.S. Department of Labor (DOL) made headlines with a final rule affecting small businesses and other entities and a merger proposed by the Trump Administration that could change the structure of the agency as we know it. Expanding Access to Association Health Plans On June 19, the DOL issued a final rule enabling small businesses, including self-employed individuals, to join in forming Association Health Plans (AHPs) for purposes of...

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Email Updates

An Employer’s Statements Can Elevate An Employee’s Complaint Into Protected Activity

NLRB Releases New Guidance on Handbook Rule Posting

Want Fries with that NLRA Violation?

NLRB: Solo Strike May Be Protected Activity

No Federal Preemption In MLB Player’s Negligence Lawsuit

Sexual Harassment Claim May Create Path To Visa For Undocumented Worker

Compensation Agreement Did Not Modify At-Will Status, Eighth Circuit Holds

Supreme Court Rules That Public Sector Agency Fees Are Unconstitutional

DOL Expands Association Health Plans While Trump Proposes Agency Restructure

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