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

In A Surprising ADA Plot Twist, The Seventh Circuit Affirms Additional Leave Is Not Always The Answer!

Kollman & Saucier

09/27/2017

Disability & Leave, Reasonable Accommodations/Undue Burden

Employers with employees on leave often wrestle with the situation where the employee has exhausted all leave available under policy and statute, but are still not able to return to work and seek additional time off, usually supported by a doctor's note. While the FMLA or similar statutory leave may no longer be available, I know I am often discussing with my clients whether further leave should be offered due to potential reasonable accommodation...

Kollman & Saucier

09/22/2017

Agency Activity

On September 15, 2017, the Department of Labor issued a Notice setting forth the new minimum wage applicable to federal contractors covered by Executive Order 13658. Effective January 1, 2018, the hourly wage will increase from $10.20 per hour to $10.35 per hour. The wage rate for tipped employees will also increase to $7.25 per hour. Covered contractors must advise their employees of the increase. Executive Order 13658 applies to all...

Kollman & Saucier

09/19/2017

Agency Activity, Labor Law

On September 15, 2017, President Trump appointed Peter Robb to be General Counsel of the NLRB for a four year term. Robb is a management-side attorney, who had previously served as chief counsel to former NLRB Member Robert Hunter. The General Counsel decides what actions to bring before the NLRB, and also has the authority to dismiss charges. It is widely expected that Robb will roll-back guidance promulgated by President Obama’s General...

Kollman & Saucier

09/14/2017

Disability & Leave

Remember when President George W. Bush, when discussing nuclear weapons, pronounced the word “nuclear” as “nucular”? It is probably no surprise that reading ability is important when it comes to those who work with nuclear materials. It is also unsurprising that a reasonable accommodation may be appropriate for someone who works with nuclear materials, but who also has a disability. In Sanchez v. U.S. Dep’t of Energy, No. 16-2056 (10th Cir....

Kollman & Saucier

09/13/2017

Firm News

Kollman & Saucier is pleased to announce that Best Lawyers, one of the most highly respected legal industry peer review publications, has honored Eric Paltell as its 2018 “Management Employment Lawyer of the Year” for the Baltimore area. Only one attorney in each practice specialty in a designated metropolitan area is honored as the “Lawyer of the Year.” Eric previously held this honor in 2015, and was named the "Management Labor Lawyer of...

Kollman & Saucier

09/12/2017

Employment Discrimination, Pregnancy Discrimination

In Young v. UPS, Inc., the Supreme Court concluded that an employee who alleges that the denial of an accommodation amounted to disparate treatment under the Pregnancy Discrimination Act (PDA) may set forth a prima facie case by showing that she belongs to PDA’s protected class, she sought an accommodation, the employer refused to provide an accommodation, and the employer accommodated others “similar in their ability or inability to work.” ...

Kollman & Saucier

09/05/2017

Agency Activity, Wage & Hour

Barely more than 24 hours after we published a blog telling you there was little new to report on the Department of Labor's proposed changes to overtime regulations, something big happened: a federal judge in Texas struck the proposed rules down. Granting summary judgment to more than 55 business groups that challenged the rule, Judge Amos Mazzant ruled that the drastic increase in the salary required to be exempt -- from $23,660 to $47,476 - was...

Darrell VanDeusen

08/30/2017

Agency Activity, Wage & Hour

You may recall that I blogged on the stalled DOL overtime rules a month or so ago, with the Trump DOL repeatedly asking for extensions to file a brief in the Fifth Circuit. In that brief, administration lawyers told the Fifth Circuit that the DOL intends to revise the overtime rule and asked the court to affirm the DOL’s right to use salary levels to determine eligibility for overtime pay. DOL lawyers stated that the Department will not...

Darrell VanDeusen

08/28/2017

Agency Activity, Disability & Leave, Employee Benefits, Employment Discrimination

Healthcare in the U.S. is a hard issue. And it’s expensive too. Ok, you know that. Years ago, some employers concluded that one way to reduce healthcare costs was to figure out who might get really sick and then either not hire them, or fire them. Really a bad idea, and one that led to passage of the Genetic Information Non-Discrimination Act (GINA) and similar state laws. So, many employers looked to more “benign” ways to encourage...

Kollman & Saucier

08/22/2017

Employment Discrimination, Labor Law

Many of you have read or heard about the recent “Google memo” dispute. An employee of the search engine company named James Damore circulated an internal ten-page memo to Google’s other employees that has since gone viral and created a great deal of public discussion, especially after Google fired him based on the views he expressed. Regardless of what you may think of the views espoused by Mr. Damore in the memo, his conduct, and...

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Email Updates

In A Surprising ADA Plot Twist, The Seventh Circuit Affirms Additional Leave Is Not Always The Answer!

Department of Labor Issues New Minimum Wage for Federal Contractors

President Trump Appoints Peter B. Robb to NLRB General Counsel Post

Nuclear, Nucular, and Reasonable Accommodations

Best Lawyers Names Eric Paltell 2018 Management Employment Lawyer of the Year

Failure to Accommodate Breastfeeding Police Officer Costs Alabama City

DOL Overtime Rules: This Time, We Have Something to Report

DOL Overtime Rules: More Useless but Important Information

EEOC’s Wellness Program Rules Run into a Roadblock

Google and the "Sevens"

Email Updates