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

Fifth Circuit: Discrimination More Than “Ultimate Employment Decisions”

Kollman, Saucier, & Jackson

08/28/2023

Employment Discrimination, Sex Discrimination

Since July 2, 1965, Title VII has made it illegal for an employer “to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his [or her] compensation, terms, conditions, or privileges of employment, because of such individual’s race, color, religion, sex, or national origin.” 42 U.S.C. § 2000e-2(a)(1). Nowhere does the law require that the discrimination be an...

Kollman, Saucier, & Jackson

08/20/2023

DOL Opinion Letters, OSHA, Workplace Safety

The Occupational Safety and Health Administration (OSHA) released an interpretation letter that addresses when employers are required by OSHA rules to list injuries, illnesses, and deaths caused by violent acts at work on their OSHA logs. Under OSHA standards, employers are required to keep a record of serious work-related injuries and illnesses. 29 C.F.R. 1904.5(a) provides that an injury or illness must be considered work-related if any event...

Kollman, Saucier, & Jackson

08/17/2023

First Amendment Protections, Labor Law, NLRB

Since the decision in Babcock v. Wilcox Co., 77 NLRB 577 (1948), the NLRB has permitted captive audience meetings. Under the captive audience doctrine and Section 8(c) of the NLRA, employers may hold mandatory employee meetings and speak to their employees about unionization so long as the employer does not threaten, punish, or promise benefits to the employees. Captive audience meetings are one of the few remaining arrows in management’s quiver...

Kollman, Saucier, & Jackson

08/10/2023

Pregnant Workers Fairness Act

In its latest effort to never make a decision too soon, this week, on August 7, 2023, the Equal Employment Opportunity Commission (EEOC) released proposed rules/regulations on how to implement the Pregnant Workers Fairness Act (PWFA). The PWFA was passed by Congress in March 2023 and became effective on June 27, 2023, 180 days after President Biden signed the Act. The PWFA creates new requirements for employers of 15 or more employees (the same...

Kollman, Saucier, & Jackson

08/03/2023

Handbooks/Policies, Labor Law, Legal Developments, NLRB, Protected Concerted Activity, Union Activity

As has been anticipated for some time, the National Labor Relations Board (NLRB), in Stericycle, Inc. (Aug. 2, 2023), adopted a new standard for determining whether workplace rules are lawful under the National Labor Relations Act. The new standard is similar to the analysis used prior to the Board’s 2017 decision in Boeing Co. Under the Stericycle framework, the lawfulness of workplace rules under the NLRA turns on whether workers would view...

Kollman, Saucier, & Jackson

08/03/2023

Employment Discrimination, Hostile Work Environment, Sex Discrimination, Sexual Harassment, Sexual Orientation

To prevail on a hostile work environment claim under Title VII of the Civil Rights Act of 1964, a plaintiff must typically show that there is unwelcome conduct that is based on the plaintiff’s protected characteristic, which is sufficiently severe or pervasive to alter the plaintiff’s conditions of employment, and that the employment action is imputable to the employer. When considering whether there is a hostile work environment, courts look...

Kollman, Saucier, & Jackson

07/28/2023

Uncategorized

Recently, superstar running back Saquon Barkley and the New York Giants agreed to a one-year $11 million deal. The deal - less than $1 million more than Barkley would have received under the franchise tag - prevents a potential hold-out from the Giant’s centerpiece. Barkley’s situation is an illustration of a much larger problem that exists in the NFL today; running backs are severely underpaid for the value they bring to NFL offenses. Running...

Kollman, Saucier, & Jackson

07/26/2023

Maryland Law, Medical/Legal Marijuana

On July 1, 2023, recreational cannabis (marijuana) became legal in Maryland for persons 21 years and older. While employers have been navigating this territory with medical marijuana for some time now, here are some tips for employers who now have to contend with recreational use in the mix. Under the new Maryland law (2022 MD H.B. 1), individuals 21 and older may use marijuana while off duty. They may not report to work under the influence...

Kollman, Saucier, & Jackson

07/21/2023

Employment Discrimination, Immigration

The U.S. Court of Appeals for the Fourth Circuit recently ruled against a student who sued ExxonMobil for discrimination when the company rescinded an internship offer. The case is Aldo De Leon Resendiz v. Exxon Mobil Corporation, No. 21-2211 (4th Cir. 2023). Aldo De Leon entered the United States illegally when he was 8 years old. He received deferred deportation and eligibility for temporary work authorization under the Deferred Action for...

Kollman, Saucier, & Jackson

07/21/2023

ERISA

The Heritage Group Investment Company (“THG”) employed Norman Burkett for 46 years. During his employment Burkett enrolled in THG’s group life insurance policy (the “Life Plan”). Burkett’s death benefit was $300,000. Unum Life Insurance Company of America (“Unum”) was the plan administrator. In July 2019 Burkett was diagnosed with a brain tumor. He qualified for long term disability in November 2019. Unum sent Burkett a...

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Fifth Circuit: Discrimination More Than “Ultimate Employment Decisions”

OSHA Provides Guidance on Reporting Injuries from Violent Acts at the Workplace

‘Captive Audience’ Memo from NLRB General Counsel Survives First Legal Battle

EEOC Has Released Proposed Regulations Regarding the Pregnant Workers Fairness Act

NLRB Revises Workplace Rules Standards

Former McDonald’s Employee’s Harassment Claim Fails

Underpaid Millionaires? The NFL’s Running Back Problem.

Recreational Cannabis - What's An Employer To Do?

Policy Requiring Permanent Work Authorization Does Not Discriminate Against Aliens

Conflicting Instructions On Obtaining Conversion Of Group Life Coverage Results In Potential Liability for Employer

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