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

If At First You Don’t Succeed, Try Again

Kollman & Saucier

03/22/2017

Readers of this blog are probably familiar with how the appellate court system works. A party appeals a judge’s factual ruling to an appellate court, which then reviews the lower court’s decision. Appeals from federal trial courts and federal regulatory boards are usually heard by that circuit’s court of appeal (i.e. the United States Court of Appeals for the Fourth Circuit). Appeals from the federal appellate courts’ three judge panels...

Kollman & Saucier

03/17/2017

Legislative Developments, State Law

There is a little over a month left before the Maryland General Assembly adjourns its 2017 legislative session. Below is a list of some of the employment-related bills that thelegislature is considering or has considered. House Bill 1, the Maryland Healthy Working Families Act, was summarized in a previous blog post. HB 1 has passed the House and is being considered by the Senate. HB 1 was cross-filed with Senate Bill 230, which the Senate...

Kollman & Saucier

03/15/2017

Disability & Leave, Employment Discrimination

A recent decision out of the Fifth Circuit Court of Appeals, Caldwell v. KHOU-TV, No. 16-20408 (5th Cir. March 6, 2017), offers an obvious, but important, reminder for employers -- provide consistent reasons for why you make employment decisions. Be honest. Be consistent. Don’t make stuff up. Otherwise, plaintiff-employees may be able to assail your explanation when and if litigation ensues. In Caldwell, the plaintiff claimed that he was...

Kollman & Saucier

03/08/2017

Virginia Employment Law, Wrongful Discharge

On February 23, 2017, the Virginia Supreme Court sustained a demurrer to a complaint alleging a Bowman claim of wrongful termination. Francis v. National Accrediting Commission of Career Arts & Sciences, Inc. No. 160267. The Court rejected an employee's claims that the public policy embodied in Virginia Code §§ 19.2-152.7:1 through 19.2-152.10 (the Protective Order Statutes) provides the basis for a wrongful discharge claim. According to...

Kollman & Saucier

03/02/2017

Trade Secrets & Restictive Covenants, Virginia Employment Law

On February 14, 2017, a federal judge denied a home builders’ motion for a preliminary injunction to stop a former employee covered by a non-compete agreement from working for a competing builder. Applying Virginia law, Judge Liam O’Grady of the United States District Court for the Eastern District of Virginia, Alexandria Division, ruled that the geographic scope of the non-compete was overbroad and, therefore, the agreement was invalid. NVR,...

Clifford Geiger

02/24/2017

Age Discrimination, Employment Contracts, Employment Discrimination

Employers often think that not renewing an employee’s contract is somehow qualitatively different from a termination of employment. In some cases, and in certain limited circumstances, that may be true. It is not true, however, with regard to statutory retaliation claims (e.g., my contract was not renewed because I engaged in activity protected by Title VII, the ADA, the FLSA, or some other statute containing anti-retaliation provisions). In...

Clifford Geiger

02/24/2017

Age Discrimination, Disparate Impact, Employment Discrimination

A federal judge in California recently ruled that PricewaterhouseCoopers, LLC (“PwC”) must defend against a class action claim of unintentional age discrimination. Rabin v. PricewaterhouseCoopers LLP, No. 16-cv-02276-JST (N.D. Cal. Feb. 17, 2017). On April 17, 2016, Steve Rabin, on behalf of himself and other similarly situated unsuccessful job applicants, filed a putative class action alleging that PwC maintains hiring policies and other...

Kollman & Saucier

02/17/2017

Agency Activity

As readers of this blog may be aware, in yesterday's post, I called attention to the fact that there was no replacement pick lined up for the Secretary of Labor. Less than twenty-four hours after Andrew Puzder’s decision to withdraw his nomination, President Trump selected R. Alexander “Alex” Acosta to head the DOL. If confirmed, Acosta would be the first Hispanic member of the current Cabinet. (For anyone wondering, Alex Acosta is not...

Kollman & Saucier

02/16/2017

Agency Activity, Labor Law, Political Appointments

Two months ago, nearly to the day, I wrote about Andrew Puzder’s nomination as Secretary of Labor in the Trump administration. After having his confirmation hearings before the Senate Health, Education, Labor and Pensions (HELP) Committee pushed back four times, and with hearings finally set for today, Puzder withdrew from consideration yesterday afternoon. While supporters of the nomination touted Puzder’s business record as the owner of CKE...

Kollman & Saucier

02/09/2017

Agency Activity

On February 3, the EEOC extended the public input period on its draft harassment enforcement guidance for an additional 40 days. The EEOC released its draft harassment enforcement guidance for public input initially on January 10. Following a 2016 task force study, the EEOC concluded that harassment in the workplace remains a serious problem, reporting in the document that in 2015, nearly one third of approximately 90,000 charges the EEOC...

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If At First You Don’t Succeed, Try Again

Maryland Legislative Update

Employer’s Inconsistent Explanations Permits Claim To Survive Summary Judgment

Virginia Supreme Court Affirms Dismissal of Bowman Claim Based on Protective Order Statutes

Virginia Court Strikes Down Homebuilder's Non-Compete Agreement

Non-Renewal of Contract or Termination?

Split Developing On ADEA Disparate Impact Claims

Trump Nominates Acosta to Head Department of Labor

Puzder Withdraws From Consideration For Secretary Of Labor

EEOC Extends Public Input Period on Draft Workplace Harassment Guidelines

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