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

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

Kollman & Saucier

04/29/2016

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

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...

Darrell VanDeusen

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...

Darrell VanDeusen

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...

Clifford Geiger

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....

Clifford Geiger

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

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

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. ...

Kollman & Saucier

04/01/2016

Labor Law

Many employers use severance agreements as a tool to reduce legal exposure surrounding an employee separation. Such agreements typically involve a broad release of claims by the employee in exchange for severance from the employer. Employers also generally include terms to clarify post-separation obligations and ensure that once the employee and employer part ways, they will not meet again. Unfortunately, a recent decision by an NLRB judge...

Kollman & Saucier

03/29/2016

Labor Law

Sick of having to find coverage when ill, Jimmy John’s employees who took their message public soon found themselves on permanent leave. In this 2-1 decision, the Eighth Circuit backed a National Labor Relations Board (“Board”) ruling that a franchisee unlawfully discharged employees for publicizing information suggesting the company’s sick leave policy posed food safety risks to consumers. MikLin Enterprises, Inc. v. NLRB, No. 14-3099 (8th...

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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

We Only Part to Meet Again: NLRB Judge Finds Routine Separation Agreement Terms Violate the NLRA

8th Circuit Finds Employees’ Sick Ad Campaign is Protected Activity Under the NLRA

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