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

Strange Bedfellows in SCOTUS Arbitration Ruling

Darrell VanDeusen

12/15/2015

In a 6-3 decision, the Supreme Court has decided that satellite television customers are required to individually arbitrate their disputes with the provider, DirecTV. The Court held that the Federal Arbitration Act (FAA) preempts the use of a California state law that said such a provision was unenforceable. DirecTV, Inc. v. Imburgia, 2015 U.S. LEXIS 7999 (Dec. 14, 2015). The decision, which will apply equally to employment and commercial contracts,...

Clifford Geiger

12/10/2015

Disability & Leave

Earlier this week, former University of Southern California (USC) Head Football Coach Steve Sarkisian filed a wrongful termination lawsuit against his former employer. Sarkisian’s complaint alleges violations of California law, including a failure to accommodate his alcoholism. Sarkisian, who is seeking at least the $12.5 million left on his contract, asserts that USC “kicked him to the curb” by firing him instead of allowing him time off to...

Clifford Geiger

12/09/2015

Arbitration

The U.S. Court of Appeals for the Fourth Circuit recently confirmed that an employer cannot impose a mandatory arbitration requirement on its employees through an employee handbook when the handbook also contains a disclaimer of contractual intent. Lorenzo v. Prime Commc’ns, No. 14-1622 (4th Cir. Nov. 24, 2015). Lorenzo brought an FLSA claim against her former employer, Prime Communication, L.P., alleging that she was unlawfully deprived of earned...

Kollman & Saucier

12/04/2015

Age Discrimination

In 2005, the Supreme Court concluded that the Age Discrimination in Employment Act of 1967 (ADEA), which prohibits discrimination against individuals who are at least 40 years old, provides not only for (1) disparate treatment claims, in which there is intentional discrimination by an employer because of protected status, but also for (2) disparate impact claims, in which facially neutral employment practices “fall more harshly on one group than...

Kollman & Saucier

12/02/2015

Employment Discrimination, Supreme Court Decisions

On November 30, the Supreme Court heard oral argument in Green v. Brennan (Case No. 14-613), a case in which the justices must decide when the “clock starts ticking” for purposes of constructive discharge claims. Unlike conventional discharge claims, in which the employer makes the decision to terminate the employee, constructive discharge claims arise where the employee voluntarily decides to end his or her employment (on the theory that his or...

Kollman & Saucier

11/25/2015

Disability & Leave, Employment Discrimination

AA Maryland federal court ruled that the United States Postal Service may be required to provide a disabled employee with a swivel chair to alleviate neck and back pain, even though the employer had already modified job duties and provided the employee with special equipment. Dones v. Brennan, No. 8:12-cv-03369 (D. Md. 11/23/15). In this case, Plaintiff Dones worked as a mail processor for the United States Postal Service (USPS) where he sorted...

Kollman & Saucier

11/20/2015

Employer Liability, Employment Discrimination, Joint Employer, Temporary Workers

The Third Circuit has joined the list of other federal courts (including the Fourth Circuit which covers Maryland, Virginia, West Virginia, North Carolina, and South Carolina) that have held that Title VII applies to claims raised by the temporarily assigned worker against the company operating the work site where assigned. In other words, Title VII applies to temporary employment. In Faush v. Tuesday Morning, Inc., No. 14-1452, (3d Cir. Nov....

Kollman & Saucier

11/13/2015

Labor Law

A recent decision from the NLRB demonstrates that even cleverly worded arbitration and class action policies are going to be a tough sell to the Board. In Amex Card Services Company, NLRB Case no. 28-CA-123865, American Express required all new hires, and employees hired after June 1, 2003, to agree to resolve any employment-related dispute by arbitration, and to refrain from engaging in any class, representative or collective action. These...

Kollman & Saucier

11/11/2015

Labor Law

By now, most employers know that the NLRB is cracking down on’ practices and policies that could interfere with employees’ rights to engage in "protected concerted activity" under the NLRA. Unfortunately, as the Board continues to expand the scope of its decisions, many employers (and lawyers) are forced to play catch-up and revise policies. A recent case from the United States Court of Appeals for the District of Columbia is a lesson in...

Kollman & Saucier

11/05/2015

Employment Discrimination, Exhaustion of Administrative Remedies

After a heated hearing, a federal district court in Utah has ruled that a firefighter can proceed with her Title VII claims, despite failing to describe her allegations in a formal EEOC charge. Denying the defendants’ motion to dismiss, the court held that the documents the firefighter submitted, an EEOC intake questionnaire and its addendum, were sufficient to constitute a “charge.” Drescher v. Clinton City, 2015 BL 360177, D. Utah, No....

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Email Updates

Strange Bedfellows in SCOTUS Arbitration Ruling

Former USC Coach Throws the Challenge Flag After Getting Fired for Drinking

You Can't Have It Both Ways: Arbitration Agreement in Employee Handbook is Not Binding

Appellate Court Holds That Applicants May Bring Disparate Impact Claim Under ADEA

Supreme Court to Decide Time Limits for Filing Constructive Discharge Claim

Another Spin on ADAAA Accommodations: Employee May Be Entitled to Swivel Chair

Temporary Workers Entitled To Title VII Protections

NLRB Strikes Down AmEx Arbitration Policy

Federal Appeals Court Affirms NLRB Decision Striking Down Employer Policies

EEOC Questionnaire Reignites Firefighter’s Title VII Claims

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