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Category Archives: Highlight

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Revisions to CHRO-Related Statutes Under Consideration Include Damages for Emotional Distress

By Daniel Schwartz on Posted in CHRO & EEOC, Highlight, Legislative Developments

Whenever someone tells you that a proposed bill “clarifies” something or “simplifies” existing law, you should view such talk with a dose of healthy skepticism. Indeed, viewing the written testimony of CHRO Executive Director Robert Brothers in support of Senate Bill 1164, you could be left with the impression that the changes being proposed to the state’s anti-discrimination… Continue Reading

Social Media: “Friend” or “Foe”? Worksmart Presentation Upcoming

By Daniel Schwartz on Posted in Highlight

“Is social media a good thing?” That question is typically on the minds of people who don’t use it for personal or business reasons.  But I would argue that is the wrong question to be asking.   After all, are we still wondering if e-mail is a good thing? Of course not. We take the good… Continue Reading

Bill Targets Non-Compete Agreements But Would Also Create New Cause of Action

By Daniel Schwartz on Posted in Highlight, Legislative Developments

The busy season for the Connecticut General Assembly is continuing with the final push for bills now underway. Another bill that has been sneaking below the radar is House Bill 6658.  The bill, entitled “Employer Use of Noncompete Agreements”, has passed the Judiciary Committee, again without being referred to the Labor & Public Employee committee.  It… Continue Reading

Proposed Bill Would Create Chaos for Employers and Constituionalize Common Workplace Grievances

By Daniel Schwartz on Posted in Featured, Highlight, Human Resources (HR) Compliance, Laws and Regulations, Legislative Developments

Employers: If there is one proposed bill at the Connecticut General Assembly to be concerned about this year, it is the stealth House Bill 6667.  It could have the single biggest impact on employer/employee relations in a generation.   And that’s just for starters. If you look at the bill on the legislative website, it looks innocuous enough. … Continue Reading

Initial Discovery Protocols in Discrimination Cases: A Connecticut Update

By Daniel Schwartz on Posted in Discrimination & Harassment, Highlight, Litigation

Back in March 2012, I penned (such a colloquial phrase) a piece about new protocols that were being rolled out in employment discrimination cases in federal courts nationwide. Since that time, the District of Connecticut has been slowly and quietly adopting them in various cases. A quick review of the District of Connecticut website does… Continue Reading

Senator Murphy: Prospects “Not Too Good” for Federal Bill Prohibiting Sexual Orientation Discrimination (ENDA)

By Daniel Schwartz on Posted in Discrimination & Harassment, Highlight, Legislative Developments

As many wait for the Supreme Court’s decision later this term on same-sex marriages, one issue that seems to get lost in the shuffle is the fact that there is still no federal law prohibiting discrimination in employment on the basis of sexual orientation. For employers in Connecticut, this is basically a non-issue because Connecticut… Continue Reading

Appellate Court: Tenured Teachers May be Terminated for “Disability” Without Violating CFEPA

By Daniel Schwartz on Posted in Highlight, Litigation

The Connecticut Appellate Court yesterday released two notable employment law decisions. They won’t become “official” until April 30, 2013, so you have some time to digest them.  I’ll cover one today and leave the other for a future post (though if you’re really curious you can read it here.) To me, the more interesting of… Continue Reading

Offers of Judgment in FLSA Collective Actions: Another Tool for Wage & Hour Claims

By Daniel Schwartz on Posted in Class Actions, Highlight, Litigation, Wage & Hour

Last week, while most of us were focused on the events in Boston, the U.S. Supreme Court came down with a notable decision last week involving a wage & hour class action (it’s actually called a “collective” action, but for the non-lawyers out there, just think of it as a class action) and what should… Continue Reading

Workplace Issues Now Grow on “Vines”; Why Employers Need a Policy More Than Ever

By Daniel Schwartz on Posted in Highlight, Human Resources (HR) Compliance, Manager & HR Pro’s Resource Center, Social Media

As I said in an earlier post, I’ll be speaking about Social Media and the Workplace, as part of WESFACCA’s “Day of Privacy” presentation later this week.  One of items I hope to touch on is the fact that with the proliferation of apps and social media, it is growing increasingly difficult for employers to catch up…. Continue Reading

WESFACCA’s “A Day of Privacy”: Social Media & The Workplace

By Daniel Schwartz on Posted in Highlight, Human Resources (HR) Compliance, Social Media

On Thursday, April 18th, the Westchester/Southern Connecticut Chapter of the Association of Corporate Counsel (known as “WESFACCA”) holds an event that you’re not going to want to miss. Entitled “KEEP IT SECRET. KEEP IT SAFE. Privacy Developments, Requirements and Practical Applications for Corporate Legal Counsel”, the day-long program in Darien, Connecticut, will focus on things… Continue Reading

Should You Fire Employees Who Use (or Misuse, However Defined) Social Media?

By Daniel Schwartz on Posted in Highlight, Human Resources (HR) Compliance, Social Media

A few days ago, The New York Times, ran a series of short essays from people on its “Room for Debate” page. The question it posed? “Should employers get tough with strict policies about social media activity, so that employees face consequences at work for what they say online?” Not surprisingly, the opinion’s ranged from… Continue Reading

Calling a Co-Worker “Stupid” Not Enough to Prove “Disability”, Court Says

By Daniel Schwartz on Posted in Discrimination & Harassment, Highlight, Litigation

With the changes to the ADA laws a few years back broadening the definition of a “disability”, there was some speculation (including on this blog) that we would not see very many instances where a court would throw out an ADA claim on the grounds that the employee could not prove he had a disability…. Continue Reading

The Beginning of the End for Wage & Hour Class Actions Through Arbitration Agreements? Second Circuit Sets Stage

By Daniel Schwartz on Posted in Class Actions, Discrimination & Harassment, Highlight, Litigation, Wage & Hour

Suppose you have your employees’ sign agreements to arbitrate all of  their employment disputes.  (I’ve talked about arbitration agreements in many posts before.) Can you have an arbitration agreement that says that an employee is precluded from bringing a Title VII (race or gender discrimination) class action claim in Court? Employees have argued that because most arbitration agreements… Continue Reading

Office Pools in Connecticut: Jump In? Maybe. (But Don’t Cause a Splash)

By Daniel Schwartz on Posted in Highlight, Human Resources (HR) Compliance

As I’ve written about before, Connecticut has basically turned a blind eye towards office pools — particularly when the organizer doesn’t take a cut of the prize money.  But what should companies do? Well, lawyers like to come up with a laundry list of reasons that there exists some risk with allowing office pools or… Continue Reading

Spring Cleaning: Time to Update Some FMLA and I-9 Forms & Posters

By Daniel Schwartz on Posted in Highlight, Human Resources (HR) Compliance, Laws and Regulations, Manager & HR Pro’s Resource Center, Wage & Hour

For lawyers, anytime there’s a change, it seems to be a big deal. But for employers, change is inevitable and part of business.  Indeed, if a new poster is required by employers, most employers simply shrug and order a new poster on the internet through a site like Gneil.com. My colleague, Jon Orleans (fresh off his… Continue Reading

More Litigation, More “Doing” Assistant Store Manager Overtime Cases

By Daniel Schwartz on Posted in Class Actions, Highlight, Litigation, Wage & Hour

At 47 pages, U.S. District Court Judge Hall’s decision last week in Costello v. Home Depot USA (download here) denying an employer’s motion for summary judgment in an overtime case, isn’t exactly a light read.  She is, of course, not to blame. The case is complicated and has a “somewhat convoluted procedural history” because it was first filed… Continue Reading

Is Being On Time an Essential Function of Job? Second Circuit Says Most Times But Not Always

By Daniel Schwartz on Posted in Discrimination & Harassment, Highlight, Human Resources (HR) Compliance, Litigation, Manager & HR Pro’s Resource Center

I’m late / I’m late / For a very important date. / No time to say “Hello, Goodbye”. / I’m late, I’m late, I’m late. — White Rabbit, from “Alice in Wonderland” (1951) Let’s start with the premise, as the Second Circuit does, that “In many, if not most, employment contexts, a timely arrival is… Continue Reading

Facebook Password “Privacy” Bill Is An Answer In Search of a Problem

By Daniel Schwartz on Posted in Highlight, Legislative Developments, Social Media

The Connecticut General Assembly’s Labor & Public Employee Committee today is considering drafting a proposed bill “to prevent current or potential employers from requesting or requiring that employees or potential employees provide passwords to their personal accounts as a condition of their employment.” I won’t mince words. Proposed Senate Bill 159 is a bad idea.  It’s a solution in search of… Continue Reading

Refusing to Hire People Who Smoke: The Connecticut Ban

By Daniel Schwartz on Posted in Highlight, Human Resources (HR) Compliance, Laws and Regulations, Manager & HR Pro’s Resource Center

When I was away last week, one of the headlines from my alma mater caught my attention.  The University of Pennsylvania Health System announced that effective July 1st, they will refuse to hire anyone who smokes or uses tobacco. No doubt some of you are either lauding this step, or shaking your head in disgust. Could an… Continue Reading

More Examples of Why Valentine’s Day is a Bad Day for Employers

By Daniel Schwartz on Posted in Discrimination & Harassment, Highlight, Human Resources (HR) Compliance, Litigation

Two years ago, I wrote of the perils of Valentine’s Day.  While it may be a day for lovers, it is also a day where people do crazy (read: stupid) things. I am not talking about Crazy. Stupid. Love. (Good movie, silly name.) I’m talking about things that can lead to a sexual harassment lawsuit. … Continue Reading

Can Being Called “Too Flamboyant” Be Basis for State Gender Discrimination Claim?

By Daniel Schwartz on Posted in Discrimination & Harassment, Highlight, Litigation

Let’s play the “law school hypothetical” game for a minute.  (I know, not as exciting as a cat being chosen in Monopoly, but bear with me.) You hear the following allegations: An gay, male employee starts works as a teacher in an “New Beginnings Alternative” program at a public school. During his employment, he is subject to derogatory statements by… Continue Reading