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

How Many Push-Ups Can You Do?

Kollman & Saucier

01/19/2016

Employment Discrimination, Sex Discrimination

As an avid Crossfitter, I just could not resist titling this blog post this way. Jay Bauer, however, may not love the title. Mr. Bauer was a male special agent trainee for the FBI who failed a physical fitness test (specifically the 30 push up requirement for men). In Bauer v. Lynch, No. 14-2323 (4th Cir. Jan. 11, 2016), he challenged that differing standards for male and female trainees (14 push-ups required for women) violates Title VII of...

Kollman & Saucier

01/13/2016

Agency Activity, Labor Law

The National Labor Relations Board recently heard two interlocutory appeals by McDonald’s that arise out of a sprawling case against it and a number of its franchisees. The General Counsel filed 61 unfair labor practice charges in 6 regions. The charges were brought against 31 parties (30 franchisees and the corporate franchisor) and allege 181 violations. The General Counsel did not allege that McDonald’s (the corporate franchisor) engaged in...

Kollman & Saucier

01/08/2016

Labor Law, Union Activity

On December 24, 2015, the National Labor Relations Board (NLRB) invalidated two employee handbook policies that prohibited employees from recording conversations, phone calls, images or meetings in the workplace. In Whole Foods Market, Inc. and United Food and Commercial Workers, et al., 363 NLRB No. 87 (2015), the NLRB found that requiring employees to obtain management’s approval before recording certain aspects of the work environment violated...

Kollman & Saucier

01/06/2016

Disability & Leave, Employment Discrimination

In a recent disability discrimination case, the Seventh Circuit ruled that the Equal Employment Opportunity Commission (“EEOC”) is not entitled to a new trial against AutoZone because it failed to prove that the employee it represented was qualified for her job. EEOC v. AutoZone, Inc., 7th Cir., No. 15-1753 (January 4, 2016). Affirming a jury verdict in favor of AutoZone, the Court found that there was sufficient evidence to find that the...

Kollman & Saucier

12/31/2015

Agency Activity, National Origin, Religious Discrimination

On the heels of the recent terrorist attacks in Paris and San Bernardino, EEOC Chair Jenny R. Yang recently issued a statement to “Address Workplace Discrimination Against Individuals Who Are, or Are Perceived to Be, Muslim or Middle Eastern.” Along with the statement, the EEOC released two “resource documents” to provide guidance to employees and employers on how to handle workplace situations involving discrimination against individuals...

Kollman & Saucier

12/30/2015

Wage & Hour

Santa did not bring GEICO the gift it was hoping for this Christmas. On December 23, the Fourth Circuit issued its decision in Calderon v. GEICO Gen. Ins. Co., No. 14-2111, deciding that the insurance company’s fraud investigators perform non-exempt work under the Fair Labor Standards Act and, therefore, are entitled to overtime pay. The FLSA requires that employers pay overtime for each hour an employee works beyond 40 in a week. An employee...

Kollman & Saucier

12/22/2015

Labor Law

The legalization of medical and recreational marijuana use has created a host of new employment law issues. One of the most common questions we get is about drug test results: what happens if an employee or applicant tests positive in a state where medical or recreational marijuana use is legal? (the answer is that marijuana use is still illegal under federal law, so, in theory, an employer can discipline the employee or not hire the...

Darrell VanDeusen

12/21/2015

Employment Discrimination, Sexual Harassment

Early in my legal career (circa 1986), a female summer associate responding to my inquiry about why she wanted to be a labor and employment lawyer shrugged her shoulders and said: “it’s about the only area of law where you can use the term ‘blow job’ in conversation and it’s not inappropriate.” That memory came back to me a couple of weeks ago when I read of the court’s decision in Garner v. Clearstaff, Inc., 2015 U.S. Dist. LEXIS...

Darrell VanDeusen

12/18/2015

Employment Discrimination

In a closely watched case that has had management-side employment attorneys (and their clients) on the edge of their seats, the Seventh Circuit has just handed the Equal Employment Opportunity Commission (EEOC) a defeat. The court held that the EEOC cannot pursue its claim that CVS Pharmacy’s severance agreement violates anti-discrimination laws, because the Commission did not first attempt to conciliate before suing. EEOC v. CVS Pharm., 2015 U.S....

Kollman & Saucier

12/17/2015

Business Law

Kollman & Saucier is pleased to announce that four of its partners made the annual list that is published each year by SuperLawyers: Frank Kollman, Pete Saucier, Darrell VanDeusen, and Eric Paltell (who was also, once again, named one of Maryland’s Top 100 attorneys). Each of these attorneys was selected for his or her practice in management labor and employment...

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How Many Push-Ups Can You Do?

The NLRB's Big Mac Attack

Whole Foods Stores Are For Shopping And Secretly Recording, Says The NLRB

End Of The Road For AutoZone Worker, Says Seventh Circuit

EEOC Provides Guidance Regarding Muslim and Middle Eastern Employees

No FLSA Overtime Exemption for GEICO Fraud Investigators

NLRB Judge Rules That "Joint Employers" Are Joint Employers

Employer Sued for Harassment Gets Off Despite Comments About Oral Sex

EEOC Jumped the Gun Challenging CVS Severance Agreements

Maryland SuperLawyers, 2016 edition

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