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

Two Employment Related Measures Under Consideration By Congress

Kollman, Saucier, & Jackson

11/16/2017

Labor Law, Legal Developments, Legislative Developments, Wage & Hour

At least two employment-related bills have been introduced in Congress in recent days. The first, H.R. 4219, dubbed the Workflex in the 21st Century Act, would amend the Employee Retirement Income Security Act of 1974 to include an option for qualified flexible workplace arrangements. Under the legislation in its current form, employers would voluntarily offer employees at least a guaranteed minimum level of paid leave. The amount of leave...

Kollman, Saucier, & Jackson

11/13/2017

State Law, Wage & Hour

The Montgomery County Council voted last week to increase its minimum wage to $15 per hour by 2021 for employers with more than 50 employees. Under Bill 28-17, beginning July 1, 2022, and each July 1 thereafter, the County minimum wage rate will be increased by the annual average increase, if any, in the Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W) for the previous calendar year in the Washington-Baltimore area. The...

Kollman, Saucier, & Jackson

11/12/2017

Disability & Leave

A federal court in West Virginia recently held that an employer is not required to grant an indefinite leave of absence as an accommodation under a state disability discrimination law. Davis v. Universal Cable Holdings, Inc., Civil Action No. 2:16-cv-06526, 2017 U.S. Dist. LEXIS 183881 (S.D. W. Va. Nov. 6, 2017). The case involved Ronald Davis, who worked as a Broad Band Technician for Universal Cable Holdings, Inc. (“Universal Holdings). His...

Kollman, Saucier, & Jackson

11/08/2017

Employment Discrimination, Religious Discrimination

How does an employer comply with a statutory requirement that an employee says conflicts with a sincerely held religious belief? This issue has come up when an employee is fired after refusing to produce a social security number for religious reasons. Courts considering religious discrimination claims in this context have uniformly held that Title VII of the Civil Rights Act (“Title VII”) does not require an employer to accommodate an...

Kollman, Saucier, & Jackson

11/03/2017

Sexual Harassment

Over the past few weeks, we have seen, heard and read alot about allegations of sexual harassment against Harvey Weinstein, Kevin Spacey, Mark Halperin, and a number of other high-profile media and entertainment personalities. In most of these cases, the allegations involve claims of non-consensual sexual contact, sometimes even rising to the level of rape. With each day, it seems that more accusers surface, and a Twitter hashtag ("#MeToo")...

Kollman, Saucier, & Jackson

11/01/2017

Agency Activity, Wage & Hour

In a move that surprised many observers, on October 30, 2017, the United States Department of Labor appealed a federal judge's August ruling striking down the Obama-era overtime regulations. In a statement issued by the DOL, the agency explained that it will also file a motion to freeze the appeal while it undertakes further rule making on what the appropriate salary level for exempt status should be. Here's a quick recap on how we got to this...

Kollman, Saucier, & Jackson

10/26/2017

Arbitration, FMLA

The question of whether and when an employer can compel an employee who is suing it to arbitrate her case rather than proceed in court depends upon the terms of the agreement between the parties. In Mason v. Athletic & Therapeutic Inst. of Naperville, 2017 U.S. Dist. LEXIS 173046 (S.D. Ind. Oct. 19, 2017), a federal district court told the former employee of an Indiana sports therapy clinic that arbitration is the proper forum for her...

Kollman, Saucier, & Jackson

10/24/2017

Employment Discrimination

As every first year law student learns, when a party files a lawsuit in federal court, the expectation is that sufficient facts will be alleged to state a claim upon which relief can be granted. When this does not occur, a defendant may file a motion to dismiss the lawsuit under Federal Rule of Civil Procedure 12(b)(6). Seems simple enough, but it is not. On one hand, there’s the Supreme Court’s decision in Swierkiewicz v. Sorema N.A., 534...

Kollman, Saucier, & Jackson

10/23/2017

First Amendment Protections, Political Appointments, Public Sector Employment Law

Keri Borzilleri, a former high-ranking Assistant State’s Attorney (ASA) who worked for nine years in the Baltimore City State’s Attorney’s office, was fired without cause just four days after Marilyn Mosby took office as the newly elected lead prosecutor in 2015. Though no explanation was publicly given, Borzilleri was likely terminated for having supported Mosby’s political opponent, Gregg Bernstein, during the election cycle. According to...

Kollman, Saucier, & Jackson

10/18/2017

Wage & Hour

Coffee and bathroom breaks are as much a part of the modern workplace as cubicles, desks, and printer problems. They are widely seen as a “win-win” scenario for both employees and employers. Employees who take a few minutes every so often to relieve themselves or boost their caffeine generally report being more alert and focused when they return to their work duties, and employers receive the benefits of a more efficient workforce when...

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Two Employment Related Measures Under Consideration By Congress

Montgomery County Will Increase Minimum Wage To $15 Per Hour

Employer Need Not Grant Indefinite Leave of Absence As An Accommodation

Mark of the Beast

Sexual Harassment: A Few Words of Advice in the Wake of Weinstein, Spacey, and the Media Frenzy

Labor Department Seeks Appeal and Stay of Overtime Ruling

Court Orders Arbitration in FMLA Termination Case

EEOC Lawsuit Tossed for Lack of Factual Allegations

Baltimore Prosecutor Who Opposed Mosby’s Election Loses First Amendment Challenge

Employer With Flex-Time Policy Can’t Catch FLSA Break From Third Circuit

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