Connecticut Employment Law Blog Insight on Labor & Employment Developments for Connecticut Businesses

Tag Archives: Connecticut Supreme Court

A Rare Look Into An Employee’s Duty of Loyalty to the Employer

Posted in Highlight, Human Resources (HR) Compliance

After nine-plus years of writing about employment law in Connecticut, it’s getting to be pretty rare to find a topic that I haven’t at least touched upon, but here’s one: The Duty of Loyalty. Indeed, a new Connecticut Supreme Court case is giving me the opportunity to do so. The case arises from an employee who,… Continue Reading

Connecticut Court: Perceived Disability Claims May Proceed Under State Law

Posted in CHRO & EEOC, Discrimination & Harassment, Highlight, Human Resources (HR) Compliance, Litigation

My colleague, Jarad Lucan, returns today with a post discussing a new Connecticut Supreme Court case that has expanded the state’s anti-discrimination laws when it comes to disability claims.  When Congress enacted the Americans With Disabilities Act (ADA), it recognized that fears, misperceptions, and stereotypes about disabled individuals are so pervasive that employment discrimination reaches… Continue Reading

From the Archives: Be Specific In Sending an Issue to Labor Arbitration

Posted in Labor Law & NLRB, Litigation

As I’ve done in the past when I’ve been tied up with a trial or arbitration, today will bring a “Blast from the Past” — a post that you might have missed the first time around. Indeed, because this post is from July 2008, odds are that even if you saw it, it’ll still be fresh today. … Continue Reading

CTDOL’s Interpretation of Travel Time Not “Reasonable”; What Happens Next?

Posted in Highlight, Laws and Regulations, Litigation, Wage & Hour

So if last Tuesday’s post about the latest Connecticut Supreme Court decision on travel time was for employers, this post is for the ones who love the nuances of the law. Dan Klau on his Appealingly Brief blog did a deep dive into the decision. And it wasn’t pretty. The issue Dan highlights is this:… Continue Reading

Conn. Supreme Court: Public Policy Against Sexual Harassment Supports (Perhaps Mandates?) Termination of Alleged Harassers

Posted in Discrimination & Harassment, Litigation

It’s tough to draw lessons from appeals of arbitration decisions. Why? Because the standard to overturn arbitration cases is high and, it’s only when there are really bad facts (or, perhaps more likely, an really bad error in interpreting the law) that appellate courts consider reversing the decision. That appears to be the case in… Continue Reading

Five Years Later, Overruled Statute on Religious Discrimination in Connecticut Remains On the Books

Posted in Discrimination & Harassment, Laws and Regulations

As I get closer to the five year anniversary of this blog next month, I continue to take a look again at topics I covered early on.  One of those topics was the oft-overlooked statute of Conn. Gen. Stat. 53-303e.  That statute purports to make it a crime for employers to require employees to work… Continue Reading

Connecticut Supreme Court Stakes Out “Similarly Situated” and Statistical Standards

Posted in Discrimination & Harassment, Litigation

As we continue the analysis of this week’s Connecticut Supreme Court decisions, the court also clarified how employees can prove their claims of discrimination in Perez-Dickson v. City of Bridgeport.  It is the first opinion in some years to do so and employers (and practitioners) will likely want to cite this case on a going-forward… Continue Reading

Big Day for Employers at Connecticut Supreme Court

Posted in Discrimination & Harassment, Featured, Litigation

It’s been several years since employers had some decisions to cheer about at the Connecticut Supreme Court.  But yesterday, the court released two important decisions that will likely rank as among the most significant the court has issued in the employment context in the last decade. I represented the employer in one of those cases, which you… Continue Reading

Connecticut Supreme Court Hears Arguments on Hostile Work Environment and CTFMLA Cases

Posted in Discrimination & Harassment, Highlight, Laws and Regulations, Litigation, Wage & Hour

It’s not very often that the Connecticut Supreme Court considers employment law issues. But today, two notable cases are being argued in front of the court. Both could have an impact on employers in the state. In Patino v. Birken Manufacturing, the court is being asked to consider whether a hostile work environment harassment claim… Continue Reading

Conn. Supreme Court: Alleged Knowing and Deliberate Discovery Misconduct Not Enough to Warrant New Trial

Posted in Discrimination & Harassment, Litigation

It’s so rare nowadays that the Connecticut Supreme Court rules on discrimination cases that, when I first took a look at its new decision in Duart v. Department of Corrections (download here) — officially released next week — I got excited.  After all, the case is based on a claims of gender, race and sexual… Continue Reading

BREAKING: Connecticut Supreme Court Adopts Second Circuit’s “Ministerial Exception” Rule

Posted in Discrimination & Harassment, Litigation

The Connecticut Supreme Court today ruled (in a decision that will be effective August 2, 2011) that the ministerial exception found under the First Amendment bars certain employment related claims brought against religious institutions. The court’s unanimous decision in Dayner v. Archdiocese of Hartford can be downloaded here. In doing so, the Court explicitly adopts… Continue Reading

Conn. Supreme Court Rejects Hybrid Duty of Fair Representation Claim Without Exhaustion of Administrative Remedy

Posted in Litigation

The Connecticut Supreme Court, in a decision to be officially released next week, has ruled that a municipal employee’s hybrid duty of fair representation claim against his or her union and the employer , must be brought to the State Board of Labor Relations first, and not directly to Superior Court. The case, Piteau v…. Continue Reading

Negligent Infliction of Emotional Distress Claims in Connecticut Get Dismissed Yet Again

Posted in Litigation

When the Connecticut Supreme Court came out with a decision nearly ten years ago that said that negligent infliction of emotional distress claims in the workplace were only viable when they occur during the termination process itself, it was the beginning of the end for these types of amorphous claims.   The case, Perodeau v…. Continue Reading

Breaking: Connecticut Supreme Court Finds A Bonus Can Constitute “Wages”, in the Right Case

Posted in Human Resources (HR) Compliance, Laws and Regulations, Litigation, Wage & Hour

Back in June, the Connecticut Supreme Court issued its decision in Ziotas v. The Reardon Law Firm — a significant ruling because it found that where a bonus is discretionary and is not ascertainable by applying a formula, it did not constitute "wages".  I talked about the case in a lengthy post and noted that… Continue Reading

Law Tribune Provides Background on Bonus Case and Cites To Blog

Posted in Litigation, Wage & Hour

Earlier this month, I talked about how a new case from the Connecticut Supreme Court could have an impact on bonus plans for employers. The Connecticut Law Tribune this week  (subscription required) echoes many of my sentiments. The Tribune states that some employment lawyers believe it is going to have a "wider impact", while others believe… Continue Reading

BREAKING: Conn. Supreme Court Holds that a Year-End Discretionary Bonus Does Not Constitute “Wages”

Posted in Wage & Hour

In a decision that will be officially released next week, the Connecticut Supreme Court has ruled that a year-end bonus — the amount of which is discretionary — does not constitute "wages" under Connecticut wage & hour laws. The decision, Ziotas v. The Reardon Law Firm (download here), reverses an appellate court decision to the… Continue Reading

U.S. Postal Service Is Not an “Employer” Under Connecticut Workers Compensation Law

Posted in Wage & Hour

In a decision that will interest those that practice in Workers Compensation and with the U.S. Postal Service (and perhaps no one else), the Connecticut Supreme Court yesterday ruled that U.S. Postal Service is not an employer within the scope of workers compensation laws in Connecticut. The decision in Lopa v. Brinker Int’l is an… Continue Reading

BREAKING: Conn. Supreme Court Reconsiders Prior Decision on Collective Bargaining Agreements, Modifying Analysis

Posted in Litigation

Last month, I talked about how the Connecticut Supreme Court would start having all seven justices decide cases, instead of just five. The move will reduce the number of cases being reconsidered and lead to more consistent results. A case this morning shows why that move is the right one. First, the background: Earlier this year, the… Continue Reading

Connecticut Supreme Court to Hear Cases With All Seven Members

Posted in Litigation

The Connecticut Supreme Court late yesterday announced a sweeping change to its policy on hearing cases.  Beginning next week, the Court will hear arguments and decide cases on an "en banc" basis — meaning that all seven members of the court (absent a disqualification or recusal) will now decide the cases. Previously, civil cases, such… Continue Reading

Connecticut Supreme Court Dismisses Discrimination Claim (Yawn.)

Posted in Discrimination & Harassment, Litigation

Blog readers may remember my philosophy on Connecticut Supreme Court cases on employment discrimination — they take on perhaps even more significance than they might otherwise deserve because they happen so infrequently. But even that philosophy has its limits as a case decided today shows. For most employers in Connecticut, this is one case that you can probably just… Continue Reading

Conn. Supreme Court Looks at Past Practices Clauses and Mandatory Subjects of Bargaining in Collective Bargaining Agreements

Posted in Litigation

Here’s a warning: If you don’t get involved with labor unions or collective bargaining agreements, you might as well skip over this next post because things don’t get much more technical (or mundane, depending on your perspective) than the following case discussion.  In a divided 3-2 decision, the Connecticut Supreme Court held that the collective bargaining… Continue Reading

Wedding Bells Today for Same-Sex Couples; Employers Need To Get Up To Speed About the Consequences

Posted in Discrimination & Harassment, Human Resources (HR) Compliance, Laws and Regulations, Litigation

Goin’ to the chapel and we’re Gonna get married                                —– "The Chapel of Love", by the Dixie Cups Today (November 12th) is the day that many lesbian and gay couples will indeed be going to the chapel (or town clerk’s offices, or other places); it’s the day that they can get officially married. … Continue Reading

Connecticut Supreme Court Clarifies Fluctuating Workweek Method Of Calculating Overtime (Or At Least Attempts To)

Posted in Laws and Regulations, Litigation, Wage & Hour

Have you ever wondered about the fluctuating workweek method for calculating the regular hourly rate or the overtime premium rate for employees who are paid a weekly salary? Most have probably not. But if you are one of the few employers who do use it, have we got a Connecticut Supreme Court case for you.  In… Continue Reading

Words Matter: Being Specific In Sending an Issue to Labor Arbitration

Posted in Human Resources (HR) Compliance, Laws and Regulations, Litigation

Suppose you, as an employer, have union-backed employees. The union files a grievance on behalf of three employees alleging that they did not receive "premium" pay on three holidays.  Because the dipsute cannot be resolved, the matter is sent to arbitration.  For some employers, defining the issue to be sent to arbitration may not seem… Continue Reading