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

Full Second Circuit Joins The "Does Title VII Prohibit Sexual Orientation Bias" Party.

Kollman & Saucier

05/31/2017

The Second Circuit Court of Appeals has agreed to let its full panel determine whether Title VII of the Civil Rights Act prohibits employment discrimination on the basis of an individual's sexual orientation. Zarda v. Altitude Express, Inc., No. 15-3775 (2d Cir. May 25, 2017) (en banc review granted). As we wrote about last month, the full Seventh Circuit concluded in Hively v. Ivy Tech Community College of Indiana (7th Cir. 2017), in an 8-3...

Kollman & Saucier

05/29/2017

Employee Benefits, Employer Liability

On May 22, 2017, the Department of Labor issued updated guidance for the fiduciary rule. You will remember that the fiduciary rule imposes certain obligations on investment advisors, and deems them fiduciaries towards their customers. The rule goes into effect on June 9, 2017, with a transition period until January 1, 2018. At that time, further requirements take effect. For those advisors who have not yet familiarized themselves with the new...

Kollman & Saucier

05/24/2017

Labor Law

A recent decision issued by the National Labor Relations Board demonstrates that sometimes an employee can go too far, and that termination is a proper remedy for improper conduct. BHC Northwest Psychiatric Hospital, LLC; cases nos. 04-CA-164465, 04-CA-174166, May 15, 2017. BHC operates an in-patient facility that provides mental health services. The charging party was part of a bargaining unit of staff and charge nurses. Mental health...

Kollman & Saucier

05/19/2017

Business Law

Shane Jones was a mechanic for Needham Trucking, LLC (Needham) for approximately seven months in 2014. Jones alleged that Needham fired him because he refused to have sex with his direct supervisor, who was also a shareholder of the Company. Jones v. Needham, No. 16-6156 (10th Cir. May 12, 2017). In filings with the EEOC, Jones claimed sex discrimination, retaliation, and sexual harassment. Jones also stated that another mechanic -- who did...

Kollman & Saucier

05/16/2017

Labor Law

President Trump recently announced the two individuals he will nominate to the National Labor Relations Board (NLRB). The announcement, covered in a prior blog entry, is the next step in changing the trajectory of the NLRB from its heavy employee tilt toward a more employer-friendly outlook. Until the two new members are confirmed and the NLRB begins issuing decisions altering the labor law landscape created by President Obama’s NLRB, employers...

Kollman & Saucier

05/11/2017

Agency Activity, Labor Law

According to sources with access to the White House, President Trump plans to nominate two Republican attorneys to the NLRB by June, and to have them confirmed by the Senate before its August recess. The nominees, Marvin Kaplan and William Emanuel, would fill the two vacant slots on the Board and give agency a Republican majority. Emanuel is a management-side employment lawyer with Littler Mendelson in Los Angeles. According to the...

Darrell VanDeusen

05/05/2017

Legislative Developments, Wage & Hour

Comp-time is a common practice in the public sector and has been regularly used by public sector employees since the FLSA was amended in 1985. It is available in the private sector too, but the requirements in place for an employer to do it right make it nearly impossible to use. Which is why private sector employers who want to follow the law don’t often try to use it. An effort is taking place in Congress to amend the FLSA. The Working...

Darrell VanDeusen

05/04/2017

Labor Law

Ever wonder where union dues go? Our last blog post involved a CWA chapter that got hacked for nearly a half million dollars. But there was no need to fall for a Nigerian prince scam in Pittsburgh. Apparently you can still getting money the old fashioned way - just take it. Boilermakers Local 154 claims that its former business manager embezzled nearly $1.5 million in member dues. The union represents over 2,000 welders, pipefitters and...

Darrell VanDeusen

05/02/2017

Business Law

Ever wonder where union dues go? Maybe to some hackers in a foreign land. We have repeatedly heard horror stories of email scams, hacks and the general badness out there on the internet. Well, a chapter of the Communication Workers union in Connecticut got hacked for $438,000 and the social security numbers of over 1,000 members. Here’s what happened. A payroll company handled the CWA’s finances and issued checks for the union. The...

Clifford Geiger

04/28/2017

Labor Law, Union Activity

An employer commits an unfair labor practice if it maintains a work rule that tends to chill employees in the exercise of their rights under Section 7 of the National Labor Relations Act. Section 7 gives private sector employees the right to organize and “to engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection.” Marcus Davis is a sales associate for AT&T Mobility, LLC at...

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Email Updates

Full Second Circuit Joins The "Does Title VII Prohibit Sexual Orientation Bias" Party.

Updated Guidance For The Fiduciary Rule

NLRB Upholds Discharge of Disruptive Union Activist

Mechanic’s Harassment Claim Revived By Tenth Circuit

ALJ Feasts On Employee Handbook, Finds Policies Unlawful Under NLRA

Trump Expected to Nominate Two Management Attorneys to NLRB

Private Sector Comp Time Bill Passes the House

Skip the Hackers, I’ll Take the Money Myself

Help, I Am Stranded in a Remote Country With a Nigerian Prince Who Will Give You Millions

ALJ Rules Union Steward May Use a Cell Phone to Secretly Record a Meeting with Management

Email Updates