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

DOL and EEOC Weigh In On Title VII and Bathroom Restriction Laws

Kollman, Saucier, & Jackson

05/06/2016

Agency Activity, Employment Discrimination

Earlier this week, the Equal Employment Opportunity Commission issued a fact sheet titled “Bathroom Access Rights for Transgender Employees Under Title VII of the Civil Rights Act of 1964.” Yesterday, the Department of Justice sent a letter to North Carolina’s governor stating that his state’s H.B. 2 -- legislation which requires individuals to use public restrooms associated with their gender at birth -- violates Title VII of the Civil...

Kollman, Saucier, & Jackson

05/05/2016

Disability & Leave

A United States District Court in New Jersey recently denied an employer’s motion for summary judgment where the employer argued that the employee voluntarily resigned and, therefore, that there was no adverse employment action. Taha v. TBC Corp., No. 14-03377 (D.N.J. April 26, 2016). David Taha worked as a store manager for National Tire & Battery (NTB) in New Jersey. Years before, he had been diagnosed with an arthritic condition. Taha...

Kollman, Saucier, & Jackson

04/29/2016

Wage & Hour

The United States Court of Appeals for the Fourth Circuit has ruled that casino trainees may be employees entitled to compensation under the FLSA when they are attending a pre-hire "training school" at a local community college. Harbourt v. PPE Casino Resorts Md. , LLC. The Court reversed a lower court decision dismissing the trainees' complaint, ruling that the facts plead in the complaint were sufficient to state a claim that the time spent in...

Kollman, Saucier, & Jackson

04/26/2016

Agency Activity, Employment Discrimination

The United States Court of Appeals for the Fourth Circuit has ruled that the Equal Employment Opportunity Commission ("EEOC") has the right to investigate a charge of discrimination filed by an employee who was not legally authorized to work in the United States. EEOC v. Maritime Autowash, Inc., 4th Cir No. 15-1947 (April 25, 2016). Although the Court found the Commission may investigate the claims, it did not resolve the broader question of...

Kollman, Saucier, & Jackson

04/21/2016

Employment Discrimination, Sex Discrimination

How can you get experience for a job if you can’t get a job to get you the experience? That was at least a part the problem for Sue Ann Easterling, according to a federal court judge in Louisiana last week. Easterling applied for a job as a high school head football coach in Tensas Parish. When she was not selected for the job she sued the School Board, alleging sex discrimination and retaliation because she was perceived as a litigious...

Kollman, Saucier, & Jackson

04/19/2016

Litigation

This is a law-related blog, honest. But first a story. When I was in ninth grade our English teacher asked each student to pick a song where the lyrics REALLY meant something to us, and recite those lyrics in front of the class. Coming from a home where my mother often listened to Broadway musicals, I picked You’ll Never Walk Alone from Rodgers & Hammerstein’s Carousel. I had the great misfortune to be picked to recite those lyrics...

Kollman, Saucier, & Jackson

04/16/2016

Labor Law

In William Beaumont Hospital, 363 N.L.R.B. No. 162, 4/13/16, the National Labor Relations Board (NLRB) recently examined William Beaumont Hospital’s “Code of Conduct for Surgical Services and Perianesthesia.” The Code read, in relevant part: It is the intention of Beaumont Hospitals to foster effective working relationships among all hospital employees and physicians in order to provide and maintain high quality and safe patient care....

Kollman, Saucier, & Jackson

04/13/2016

Legislative Developments, State Law

Maryland law already prohibits employment discrimination on the basis of sex and gender identity. Likewise, Maryland already has an equal pay law. On April 9, 2016, however, the Maryland legislature passed a bill that would supplement those existing laws. This bill targets equal pay for equal work by specifically providing that an employer may not pay an employee a lower wage than an employee of another sex or gender identity if both...

Kollman, Saucier, & Jackson

04/08/2016

Disability & Leave, Employment Discrimination

It’s no secret that there is an obesity epidemic in America. According to the Centers for Disease Control (CDC), more than 1 in 3 adults (78.6 million total) are now obese. In addition to its adverse effects on health and lifestyle, obesity also imposes tremendous financial costs: it is estimated that the average obese person incurs $1,429 more in medical costs each year than those who are of “normal” weight (BMI between 18-24.9), with a...

Kollman, Saucier, & Jackson

04/06/2016

Class Actions, Supreme Court Decisions, Wage & Hour

Class-action lawsuits are typically viewed as high-risk, high-reward endeavors. In its recent decision in Tyson Foods, Inc. v. Bouaphakeo, the Supreme Court pointed out both sides of this double-edged sword in the context of a unpaid overtime claim under the Fair Labor Standards Act (FLSA). 577 U.S. ___ (2016). Federal Rule 23 permits parties to bring lawsuits as a class of people, rather than as individuals, if certain requirements are met. ...

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Email Updates

DOL and EEOC Weigh In On Title VII and Bathroom Restriction Laws

You Weren’t Fired, You Quit!

Deal Me In: Appellate Court Rules That Casino Trainees May Be Employees

EEOC Has Right to Investigate Charge Filed by Undocumented Worker

Lack of Experience Sinks Case for Wanna-Be Female Football Coach

Ooh, It Makes Me Wonder… It Really Makes Me Wonder.

NLRB Strikes Down Yet Another Employee Misconduct Rule

Maryland Passes New "Equal Pay for Equal Work" Bill

Appellate Court Rules That Obesity is Not a Disability Under the ADA

Tyson Foods Loses FLSA Class Action, But May Be Able to Carve Up Damages Award

Email Updates