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

NLRB Rules That Employees Have Presumptive Right to Use Company Email for Union Organizing

Kollman & Saucier

12/12/2014

In a much anticipated decision that came as no surprise, on December 11, 2014, the NLRB ruled that employers generally must allow employees to use the company's email system to organize a union, solicit complaints, criticize managers, and otherwise discuss terms and conditions of employment. Purple Communications, Inc. 361 NLRB No. 126 (2014). Although the ruling has been expected for some time, many employers will need to review and likely...

Kollman & Saucier

12/11/2014

Wage & Hour

In a unanimous decision, the United States Supreme Court held Tuesday that time employees spend going through an employer’s theft-prevention security screening process is not compensable under the Fair Labor Standards Act (FLSA) because the screening is not “integral and indispensable” to the worker’s principal activities. Integrity Staffing Solutions, Inc. v. Busk, No. 13-1433 (Dec. 9, 2014). The Integrity employees involved in this case...

Kollman & Saucier

12/09/2014

Age Discrimination, Sex Discrimination

Donald Rickard worked in sales for tobacco company Swedish Match North America, Inc. (SMNA) for nearly 30 years. He retired in 2011 at 55 years old. Shortly thereafter, Rickard sued SMNA claiming, in part, that he was harassed by his supervisor, Perry Payne, because of his age and gender. Rickard v. Swedish Match N. Am., Inc., No. 13-3729 (8th Cir. Dec. 2, 2014). Rickard and Payne (age 54) did not see eye to eye. Rickard “objected to Payne’s...

Kollman & Saucier

12/09/2014

Sexual Harassment

As many of you know, the University of Virginia plays an important role in my life. I met my wife while in school there, got married at the UVa Chapel, hold two degrees from Mr. Jefferson's University, and have a daughter who is part of the Class of 2017. Needless to say, I have followed the Rolling Stone story on an alleged rape at a University of Virginia fraternity very closely. This sad debacle teaches some good lessons that every lawyer and...

Kollman & Saucier

12/04/2014

Disability & Leave, Employment Discrimination

Sometimes I wonder why a lawyer decides to take a case. Other times I wonder why a lawyer decides to appeal a case he never should have taken. And then there are times where I ask myself both those questions in the same case. This week, the United States Court of Appeals for the Ninth Circuit decided a disability discrimination claim that falls squarely within the latter category. Curley v. City of N. Las Vegas, No. 12-16228 (12/2/14). The case...

Kollman & Saucier

12/02/2014

Disability & Leave, Employment Discrimination

Most employers include written workplace harassment policies in handbooks and other employment documents. While many such policies state that the employer will comply with its obligations under federal and local law, some go farther. Such was the case at Costco, where an "Employee Agreement" signed by all employees stated that "harassment" has a broader meaning than "as defined by law." While such "extra-broad" policies may be a well intentioned...

Darrell VanDeusen

11/25/2014

Employment Discrimination

In what appears to be the first case of its kind, a judge in New York has let a class alienage discrimination claim proceed against Northwestern Mutual Life Insurance Company. The lawsuit challenges Northwestern Mutual’s alleged policy of hiring only U.S. citizens and lawful permanent residents (LPRs). Juarez v. Northwestern Mut. Life Ins. Co., 2014 U.S. Dist. LEXIS 160726 (S.D.N.Y. Nov. 14, 2014). According to the complaint, Ruben Juarez is a...

Clifford Geiger

11/21/2014

Workplace Safety

Daisy Construction Company (“Daisy”) hired Jose Campos in 2008, but it did not verify his social security number despite the availability of e-Verify. One day while working on a traffic crew, Campos was thrown from the back of a truck and injured his shoulder and back. Campos could not work, and he started receiving total disability benefits. Daisy’s workers’ compensation carrier asked Daisy to investigate Campos’ social security...

Clifford Geiger

11/19/2014

Employment Discrimination

Two very different recruitment strategies could lead to similar allegations of hiring discrimination. Many employers rely on word-of-mouth to find new applicants. But doing so exclusively could cause legal problems. For example, a Maryland based environmental remediation services contractor recently settled a class action alleging that the company engaged in a pattern or practice of race and sex discrimination in hiring and recruiting field...

Kollman & Saucier

11/14/2014

Employee Benefits, Supreme Court Decisions

On November 10, 2014, the Supreme Court heard oral arguments in M & G Polymers USA, LLC v. Tackett, a case that has the potential to reshape significantly the legal landscape of retiree health benefit provisions in collective bargaining agreements (CBA). At issue is the legal framework courts should apply when faced with CBA retiree health benefit cases. There is currently a wide split among several federal circuits on the issue. On the...

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Email Updates

NLRB Rules That Employees Have Presumptive Right to Use Company Email for Union Organizing

Supreme Court Holds Time Spent in Security Screening is Not Compensable

Nipple-Squeezing Manager Not Guilty of Harassment

Thoughts on Rolling Stone, UVa, and Conducting a Proper Investigation

Breaking News: Threatening to Shoot Supervisor's Children is Grounds for Discharge

Costco's Harassment Policy May Create Contractual Rights

Applicant with DACA Status States Section 1981 Claim

Another Reason To Use E-Verify …

Hiring Practices Come Under Increased Scrutiny

Supreme Court Set to Clarify Issues Surrounding Vesting of Retiree Health Benefits

Email Updates