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

New I-9 Takes Effect September 18th

Kollman, Saucier, & Jackson

07/20/2017

The U.S. Citizenship and Immigration Services has issued a new I-9 Form effective September 18, 2017. The I-9 Form is used to document all new hires, and must be maintained by the employer until the later of (a) one year after the employee separated from the company or (b) three years after the employee began work. The revisions add non-substantive changes to the instructions, and revise the list of acceptable documents. While these changes are...

Kollman, Saucier, & Jackson

07/18/2017

Agency Activity, Employment Discrimination

A recent ruling in a case between Google and the Office of Federal Contract Compliance Programs (OFCCP) shows some of the downside risks of doing business with the federal government. In Google’s case, it had the resources and the ability to push back a bit against the agency's findings. However, the case demonstrates why federal contractors need to have clear employment practices in place and understand that the government has broad powers to...

Kollman, Saucier, & Jackson

07/13/2017

Race Discrimination, Retaliation

I enjoy the Cracker Barrel. Their chicken and dumplings is almost as good as what my southern family cooked up when I was a child. And, their sourdough French toast is wonderful, with or without a few of those small bottles of syrup. Alas, this is not a food blog. This post is about a recent decision affirming summary judgment against former Cracker Barrel employee Beatrice Lovett (African-American) on her Title VII and Section 1981...

Kollman, Saucier, & Jackson

07/13/2017

Business Law

Part One - the Monkey Selfie case I read today about the Ninth Circuit argument held July 12 in Naruto v. David Slater, et al., No. 16-15469 (9th Cir.). Known as the “monkey selfie” case, the matter involves a wild Celebes crested macaques (Naturo) who used a camera set up by a nature photographer to take a picture of herself. The picture went viral on social media and brought fame to Naturo. See, e.g.,...

Kollman, Saucier, & Jackson

07/11/2017

Disability & Leave, Employment Discrimination

It is no secret that attendance at work is an essential function of most jobs. As explained by a recent decision from the Tenth Circuit Court of Appeals, Punt v. Kelly Servs., No. 16-1026 (10th Cir. July 6, 2017), an employee’s failure to just show up can be fatal to failure to accommodate claims under the Americans with Disabilities Act. The case involved a temporary employee for Kelly Services (Kelly) who was assigned to work at GE...

Kollman, Saucier, & Jackson

07/05/2017

Sex Discrimination

Last Sunday’s print New York Times’ article by Claire Cain Miller titled “When Job Puts Sexes Together, Workers Cringe” (found online as “It’s Not Just Mike Pence. Americans Are Wary of Being Alone With the Opposite Sex,” https://www.nytimes.com/2017/07/01/upshot/members-of-the-opposite-sex-at-work-gender-study.html), reminded me of a scene from When Harry Met Sally. No, not THAT scene. This scene: Harry: You realize, of course,...

Kollman, Saucier, & Jackson

07/03/2017

Agency Activity, State Law, Wage & Hour

Here’s a brief update on things Wage and Hour: Maryland Minimum Wage Rates Continuing the step increase in Maryland’s minimum wage passed by the General Assembly a few years ago, on July 1, the state minimum wage increased to $9.25/hour. The final planned increase to $10.10/hour will occur on July 1, 2018.. July 1 also saw an increase in the minimum wage required to be paid in Montgomery County to $11.50/hour. Prince George’s County...

Kollman, Saucier, & Jackson

06/28/2017

Virginia Employment Law, Wrongful Discharge

Virginia courts recognize a narrow exception to the employment at will doctrine for employees who claim to have been discharged in violation of public policy. Known as Bowman claims (after the seminal 1985 Bowman v. State Bank of Keysville decision), employees can bring a claim for "wrongful discharge" if they can show that a statute expressly or implicitly protects them from being discharged for conduct covered by the statute. In the recent...

Kollman, Saucier, & Jackson

06/16/2017

Sexual Harassment, Virginia Employment Law

Sex, lies, but no videotape. A Virginia restaurant was faced with this juicy but difficult harassment investigation involving several current and former employees. After sorting out the sordid claims, the Fourth Circuit Court of Appeals held that employers who honestly believe, after investigation, that employees have made false harassment complaints are permitted to use their business judgment to discipline or terminate the person who they...

Kollman, Saucier, & Jackson

06/14/2017

Religious Discrimination

The balance between individual religious beliefs and technology in the workforce can be a tricky one to strike. The Fourth Circuit recently addressed potential ramifications of failing to strike that balance appropriately in its decision in EEOC v. Consol Energy, Inc. No. 16-1406 (4th Cir. June 12, 2017). Beverly Butcher worked as a coal miner at the Robinson Run Mine in West Virginia for 37 years with no record of performance issues. Butcher...

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Email Updates

New I-9 Takes Effect September 18th

What Happens When You Put "OFCCP" Into Google?

Fourth Circuit Puts Employee’s Retaliation Claim Over A Barrel

Animal Planet and the Law

Temporary Workers Must Show Up For Work

It’s That Scene from When Harry Met Sally…

Maryland’s Minimum Wage $9.25/hour as of July 1, 2017; and a DOL Update

Virginia Court Refuses to Dismiss Jeweler's Bowman Claim

Employer Lawfully Fired Employee for Making Harassment Claim

Fourth Circuit Affirms Finding that Coal Mine Failed to Accommodate Fears of "Mark of the Beast"

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