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

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

Kollman & Saucier

03/29/2016

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...

Kollman & Saucier

03/29/2016

Gender Identity, Legislative Developments, Sexual Orientation, State Law

I went to law school in North Carolina. My daughter went to college there, at a school that uses a lighter color blue than the one I went to. I have family members and dear friends who have lived in North Carolina for decades. I mention this because I love the state of North Carolina. Maybe just not some (many) of its legislators, or at least 82 of them. As I heard the author John Irving say just this past week: “if you must practice...

Kollman & Saucier

03/24/2016

Agency Activity, Labor Law, Union Activity

On March 23, 2016, the Department of Labor revealed its long-time coming final rule that requires certain disclosures now be made for outside labor relations consultants who assist employers during union organizing activity or collective bargaining, and which are no longer protected under the "advice" exemption under the disclosure obligations. The reporting requirements under Labor-Management Reporting and Disclosure Act will now include any third...

Kollman & Saucier

03/22/2016

Employer Liability, FMLA, Supervisor Liability

Addressing the issue for the first time, the Second Circuit has held that supervisors can be individually liable for violations of the Family and Medical Leave Act (FMLA), 29 U.S.C. §§ 2601 et seq. Graziadio v. Culinary Inst. of America, 2016 U.S. App. LEXIS 4861 (2d Cir. March 17, 2016). In so doing, the court joins other federal appellate courts that have applied the Fair Labor Standards Act’s (FLSA), “economic realities” test to...

Kollman & Saucier

03/16/2016

Litigation

Most lawyers are familiar with the concepts of res judicata and collateral estoppel. While infrequently litigated (due, in part, to the significant costs of taking many business cases through trial), occasions do arise where litigants sometimes try their hand in a second forum. This may be done because the litigants feel that another forum may be more advantageous, additional discovery would be available, or for a host of other reasons. ...

Kollman & Saucier

03/11/2016

Disability & Leave, FMLA, State Law

The United States District Court for the Southern District of West Virginia recently ruled that a Verizon employee who alleged his employer denied him leave under the federal Family and Medical Leave Act (FMLA) and then fired him can pursue his state law claim for retaliatory discharge. In Vandevander v. Verizon Wireless, LLC, No. 3: 15-cv-11540 (S.D.W.Va., March 7, 2016), the federal district court denied Verizon’s motion to dismiss, finding that...

Kollman & Saucier

03/09/2016

Disability & Leave, Employment Discrimination

The United States Court of Appeals for the Fourth Circuit has ruled that a plaintiff asserting a disability discrimination claim under the Americans with Disabilities Act ("ADA") must show that her disability was the “but for” cause of her termination. Gentry v. East West Partners Club Mgmt. Co., Inc., No. 14-2382 (4th Cir., March 4, 2016). In upholding a “but for” jury instruction, the Fourth Circuit held that this heightened causation...

Kollman & Saucier

03/07/2016

Labor Law

Hands off the remote. Last Thursday, the National Labor Relations Board (NLRB) took control, ruling that Dish Network must revise its solicitation policy to allow workers to engage in concerted activity in work areas during non-work times. Dish Network, LLC, Case 27-CA-131084 (March 3, 2016). The NLRB affirmed an administrative law judge’s ruling that Dish Network’s policy seemed likely to suppress workers’ protected activities. The charging...

Kollman & Saucier

03/03/2016

Agency Activity, Employment Discrimination

The Equal Employment Opportunity Commission has filed two lawsuits claiming that the plaintiffs were discriminated against because of sexual orientation. These are the first cases the EEOC has filed with Title VII claims based on sexual orientation. One of the lawsuits, EEOC v. Pallett Cos, No. 16-595, was filed in the United States District Court for the District of Maryland. The other, EEOC v. Scott Med. Ctr., was filed in federal court in...

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Email Updates

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

North Carolina Enacts The Most Sweeping Anti-LGBT Law In The Country

The Final Persuader Rule Is Here, For Now.

Economic Realities May Make HR Manager Liable for FMLA Violation

State Court Loss Bars Federal Court Claims

Verizon Can’t Place State Retaliatory Discharge Claim on Hold

Fourth Circuit Applies More Stringent "But For" Standard in ADA Cases

Employers Can’t Press Mute on Employee Solicitations at Work, NLRB Says

EEOC Files Its First Sexual Orientation Discrimination Lawsuits

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