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
Category Archives: Litigation
Subscribe to Litigation RSS FeedAppellate Court: Tenured Teachers May be Terminated for “Disability” Without Violating CFEPA
Posted in Highlight, LitigationThe 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
Posted in Class Actions, Highlight, Litigation, Wage & HourLast 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
Calling a Co-Worker “Stupid” Not Enough to Prove “Disability”, Court Says
Posted in Discrimination & Harassment, Highlight, LitigationWith 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
Posted in Class Actions, Discrimination & Harassment, Highlight, Litigation, Wage & HourSuppose 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
Does Your CEO Own Her LinkedIn Account? One Court Says Yes, But…
Posted in Highlight, Human Resources (HR) Compliance, Litigation, Manager & HR Pro’s Resource Center, Social MediaIn legal circles, we’ve all been anxiously awaiting a result in the case of Eagle v. Morgan (download here) – a case out of Pennsylvania where the issue who owned a LinkedIn page and contacts (the employee vs. the employer) was front and center. I talked about it in a post late last year, but if you… Continue Reading
More Litigation, More “Doing” Assistant Store Manager Overtime Cases
Posted in Class Actions, Highlight, Litigation, Wage & HourAt 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
Posted in Discrimination & Harassment, Highlight, Human Resources (HR) Compliance, Litigation, Manager & HR Pro’s Resource CenterI’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
More Examples of Why Valentine’s Day is a Bad Day for Employers
Posted in Discrimination & Harassment, Highlight, Human Resources (HR) Compliance, LitigationTwo 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?
Posted in Discrimination & Harassment, Highlight, LitigationLet’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
Should Private Employers Still Worry About Unions and What Happens at the NLRB?
Posted in Highlight, Human Resources (HR) Compliance, Labor Law & NRLB, LitigationAs I indicated a few weeks ago, one of the goals of this blog this year is to stop chasing headlines. The latest story about the NLRB demonstrates why. Late last month, the D.C. Circuit Court of Appeals (which, as you might imagine, only covers Washington D.C.) ruled that recess appointments to the NLRB were invalid,… Continue Reading
Lying to Doctors for Fitness for Duty Exam Can Still Get You Fired… But Only If You’re a Police Officer
Posted in Highlight, Human Resources (HR) Compliance, Labor Law & NRLB, LitigationSometimes, cases that seem like a no-brainer are anything but. Just ask the Town of Stratford which finally won an appeal to the Connecticut Appellate Court. The case, Stratford v. American Federation of State, County and Municipal Employees, Council 15 (download here), will be officially released next week. The case arises from the town’s termination of a… Continue Reading
Gender Inequality Claims Make Headlines in Case and in New Study
Posted in Discrimination & Harassment, Highlight, Human Resources (HR) Compliance, Legislative Developments, Litigation, Manager & HR Pro’s Resource Center, Wage & HourOver the last week, two unrelated stories caught my eye. For employers, they are a reminder that claims of pay inequality based on gender are still something to be concerned about. The first story is that Governor Malloy announced plans for a new study to examine “factors that contribute to the gender wage gap in Connecticut’s workforce.” … Continue Reading
Reading the Tea Leaves for Employment Law in 2013 (Harry Potter Edition)
Posted in Featured, Highlight, Human Resources (HR) Compliance, Labor Law & NRLB, Laws and Regulations, Legislative Developments, Litigation, Social MediaIn this week’s Connecticut Law Tribune, I filed my annual “forecast” of employment law for 2013. As with the weather forecasts, it is subject to change on a moment’s notice. So drink your “tea” with a grain of salt. So, last year, I brought out my trusted Magic 8-Ball to make my 2012 predictions. Looking… Continue Reading
Employer Alleges “Inherently Conflicted and Irreparably Unfair Proceedings” at CHRO; Seeks Injunction
Posted in CHRO & EEOC, Discrimination & Harassment, Human Resources (HR) Compliance, LitigationA new lawsuit filed last Thursday in Connecticut state court by an employer alleges that the employer’s due process rights are being violated by “inherently conflicted and irreparably unfair proceedings” at the Commission on Human Rights and Opportunities (CHRO) — the state agency responsible for investigating and enforcing the state’s anti-discrimination laws. In the lawsuit, NERAC v. Krich,… Continue Reading
Should You Care That Supreme Court Will Rule on Offers Of Judgment in Wage Cases?
Posted in Class Actions, Litigation, Wage & HourI’m going to let you in on a little secret. Not all employment law cases decided by the U.S. Supreme Court matter are of equal significance and importance to employers. What? How can that be, you say? It’s the SUPREME COURT! Isn’t everything that they say important? Well, sort of. The truth is that sometimes… Continue Reading
Who Owns Your Company’s Social Media? Are You Sure?
Posted in Highlight, Human Resources (HR) Compliance, Litigation, Social MediaIn my presentations on social media this year, I’ve talked a bit about the Phonedog v. Kravitz case where an employer sued a former employee who continued to use the company Twitter account he had started. When the employee left, he merely changed the Twitter account’s handle to his own name and took the 17,000 Twitter… Continue Reading
Quick Hits: Holiday Parties, HIPAA and ADA, Non-Compete Agreements, “Supervisor”, Facebook
Posted in CHRO & EEOC, Class Actions, Discrimination & Harassment, Litigation, Social MediaIt’s been a crazy week here for reasons I hope to share in a future post. But in the meantime, the world of employment law still continues. Here are some items worth reading that I had hoped to talk about further. This brief recap will have to do for now. Want some tips on how to… Continue Reading
What Remedy Is Appropriate When a Jury Concludes Sexual Harassment Occurred?
Posted in CHRO & EEOC, Class Actions, Discrimination & Harassment, Highlight, Human Resources (HR) Compliance, LitigationA case out of the Second Circuit Court of Appeals (of which, Connecticut is part of) addresses an interesting question: When a jury finds that sexual harassment has been perpetuated by a single employee, is injunctive (non-monetary) relief required to be issued by the District Court? The EEOC argued yes and argued that remedies such as… Continue Reading
Court Reviews What Type of Job Search is Required of Terminated Employee
Posted in Discrimination & Harassment, LitigationIn the five plus years of this blog, it’s rare to find topics that I haven’t covered, at least minimally. One such topic, though, is the notion of “mitigation of damages”. It is a concept found in lots of cases, but it has particular importance in employment discrimination cases. An employee who claims he (or she)… Continue Reading
Four Potential Employment Law Impacts of Obama’s Next Four Years
Posted in Featured, Highlight, Human Resources (HR) Compliance, Labor Law & NRLB, Litigation, Wage & HourPresident Obama was re-elected to a second term last night (something forecasted by stats guru Nate Silver). What does it mean for employers? I won’t go quite as far as fellow blogger Jon Hyman, who said this morning that “it just doesn’t matter” who won last night. I think it matters in part. But the impact… Continue Reading
Secrets of the ABA Labor and Employment Law Annual Conference
Posted in Discrimination & Harassment, Highlight, Human Resources (HR) Compliance, Labor Law & NRLB, Litigation, Manager & HR Pro’s Resource Center, Social Media, Wage & HourThe American Bar Association’s Labor & Employment Law Annual Conference is going on right now in Atlanta, Georgia. As I’ve recapped on this blog before (here, for example), there are some terrific programs and educational opportunities there. I wasn’t able to make it down this year, but due to the wonders of technology, I’ve been… Continue Reading
The Never-Ending Employment Law Case and the Hour-Long Commute
Posted in Highlight, Human Resources (HR) Compliance, LitigationSome cases are easy to explain in a short blog post. This is not one of them. But a new Connecticut Appellate Court case released today, Grasso v. Connecticut Hospice, Inc. (download here) has too many nuggets of information to pass up. It is an example to employers about how cases never truly seem to… Continue Reading
A New Whistleblower Retaliation Statute Grows Up: Dodd-Frank is the new Sarbanes-Oxley.
Posted in Highlight, Human Resources (HR) Compliance, Laws and Regulations, Litigation, Wage & HourReading the headline, I’m sure a few of you rolled your eyes. Dodd-Frank? Sarbanes-Oxley? Those statutes are seen as dull and tedious. But a new federal court decision in Connecticut should start to change that, and it has implications for employers nationwide. The case is Kramer v. Trans-Lux, which you can download here. It addressed an employer’s motion… Continue Reading
About Daniel Schwartz
Trusted advisor. Experienced employment law attorney. Bar leader. Award-winning author. Noted Speaker. "Legal Rebel". All can be said to be apt descriptions of Daniel Schwartz, a member of Pullman & Comley. More +
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