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

Maryland Legislative Update - The Healthy Working Families Act

Kollman, Saucier, & Jackson

01/09/2017

Disability & Leave, Employee Benefits, Legislative Developments, Paid Leave, State Law

Lawmakers in Maryland have attempted to pass a paid sick leave bill for a number of years. With the General Assembly reconvening on Wednesday, the effort is being renewed this year. Thus far, legislators have introduced House Bill 1 and House Bill 65 -- both are versions of the Healthy Working Families Act, which was introduced last session as House Bill 580. Governor Hogan has said that he will introduce paid sick leave legislation of his...

Kollman, Saucier, & Jackson

01/05/2017

Military Leave, Virginia Employment Law

The United States Court of Appeals for the Fourth Circuit recently ruled that the Prince William County School Board did not violate the Uniformed Services Employment and Reemployment Rights Act ("USERRA") when it fired a teacher who had returned from a four-year deployment to Kuwait. Butts v. Prince William County School Board, et. al., No. 15-1989 (4th Cir. Dec. 21, 2016). The Fourth Circuit affirmed a grant of summary judgement to the School...

Kollman, Saucier, & Jackson

01/03/2017

Sexual Harassment, Virginia Employment Law

In Cobbs v First Transit Co. et. al., Case No. 6:16-cv-00015 (W.D. Va. Dec. 16, 2016), a federal judge in Lynchburg, Virginia ruled that a bus company took an adverse employment action against an employee by ending her light duty assignment. In so holding, the court ruled that an employee had pled a cause of action for “quid pro quo” sexual harassment under Title VII and denied the defendants’ motion to dismiss. The case involved an employee...

Kollman, Saucier, & Jackson

12/29/2016

Religious Discrimination

Religious workplace accommodations are most times not so difficult to accomplish. An employee needs a quiet place to pray at work. No problem. Another worker wants to change his work day by one hour on Friday during the winter months so he can make it home by sun down. That’s doable. The rule under Title VII is that an employer must make a reasonable accommodation to permit an employee to observe the tenets of his or her religious...

Kollman, Saucier, & Jackson

12/29/2016

Sexual Harassment

There were some shocking revelations during the recent campaign cycle suggesting that our President-elect may not have clearly understood the difference between “appropriate’ and “inappropriate” behavior toward women. Putting aside that oddity, in the decades since the Supreme Court first recognized sexual harassment as a cause of action under Title VII in Meritor Savings Bank v. Vinson, 477 U.S. 57 (1986), there has been a heightened...

Kollman, Saucier, & Jackson

12/16/2016

Employment Discrimination

While driving through the frigid Baltimore weather this morning, the classic “White Christmas” played on the radio. Though the ditty is undoubtedly about the singer’s wish to have snow on Christmas Day – and not an expression of racial preference – it got me thinking about the contours of discrimination claims involving white plaintiffs. Given the heightened sensitivities on the issue on both sides of the political aisle at the moment,...

Kollman, Saucier, & Jackson

12/15/2016

Agency Activity

Toward the end of last week, President-elect Trump nominated Andrew Puzder, the longtime President and CEO of the company behind Carl’s Jr. and Hardee’s restaurants, to be his Secretary of Labor. With Mr. Puzder expected to be confirmed next month, a review of his record suggests that the Labor Department will take a decidedly pro-employer turn in the incoming administration. (Meanwhile, outgoing Labor Secretary Tom Perez is rumored to be...

Kollman, Saucier, & Jackson

12/09/2016

Agency Activity

Last month, U.S. Citizenship and Immigration Services (USCIS) published a revised Form I-9, Employment Eligibility Verification, that employers must begin using January 22, 2017. Form I-9 is the form employers are required to complete for each new hire to verify an employee’s identity and eligibility to work in the United States. The revised Form I-9 is designed to be overall easier to complete electronically. Among other things, it’s...

Kollman, Saucier, & Jackson

12/07/2016

Business Law

Probably not if you’re like any other business. After all, ‘tis the season to boost company morale and show appreciation for staff with parties and time off and bonuses too! Below I offer a few tips for mitigating clean-up of the post-holiday legal mess these issues have the potential to create. Away with that Manger. Decorations are key to a festive atmosphere and there is no reason you should stop decking your office halls out of fear...

Kollman, Saucier, & Jackson

12/02/2016

Employment Discrimination, Sexual Orientation

The District of Columbia Office of Human Rights recently published a best practices guide for employers regarding transgender issues in the workplace: Valuing Transgender Applicants and Employees: A Best Practices Guide For Employers. Combined with earlier guidance from the EEOC on transgender bathroom access and LGBT discrimination, employers must not ignore this issue. The DCOHR guidance offers nine “best practices” for employers dealing...

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Maryland Legislative Update - The Healthy Working Families Act

Fired Virginia Teacher Fails to Establish USERRA Claim

Federal Judge Declares Ending Light Duty Assignment to be Adverse Action

And You knew it was Porn, How?

Harassment Doesn’t Come Cheap at COSTCO

“Reverse” Race Discrimination is a Thing. “Racism” Discrimination is Not.

Puzder Nomination Likely Signals New Frontier for Employers

Employers Must Begin Using Revised I-9 Form January 22, 2017

Holidays in the Workplace: Do You Fear What I Fear?

D.C. Office Of Human Rights Publishes Best Practices Guide On Transgender Rights

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