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
Tag Archives: federal court
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
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
From the Archives: My Very First Post on Chambers Practices
Posted in LitigationNearly five years ago, I posted my very first post on this site. It’s still relevant today. In it, I discussed how each federal judge publishes a “Chambers Practices” that can give you insight into how judges treat certain cases. For example, wouldn’t it be helpful to know which judge indicated that he “rarely grants motions… Continue Reading
From the Archives: Does “Book of Poop” Create a Hostile Work Environment?
Posted in Discrimination & Harassment, LitigationAs we continue a look back this week at some older posts, who could forget this classic post from April 2008. In it, I answer the burning question: Is putting a toilet training book, such as “The Book of Poop”, on a disabled co-worker’s desk sufficient to create a Hostile Work Environment? And what happens… Continue Reading
Adverse Employment Action Required to Show Discrimination, At Least in Connecticut
Posted in Discrimination & HarassmentThis morning, Jon Hyman over at the Ohio Employer’s Law Blog, reported on a 6th Circuit decision that suggested that an employment discrimination claim could survive even in the absence of a jury finding an “adverse employment action.” Yesterday, a District Court decision in Connecticut said exactly the opposite. Indeed, the court granted an employer’s… Continue Reading
Offer of Judgment by Employer Renders Employment Claim “Moot”
Posted in Class Actions, Litigation, Wage & HourSuppose you’re an employer who has been served with a wage & hour claim. Rather than fight the claim, you decide to give in. You file an Offer of Judgment (under Rule 68 of the Federal Rules of Civil Procedure, if you’re keeping track at home) and offer to provide the employee with more than the… Continue Reading
Post Revisited: Chambers Practices of Federal Judges Online
Posted in LitigationContinuing my occasional series of revisiting posts I’ve done over the last (nearly) five years, I look back to one I did during the first month of blogging. In a post on September 14, 2007, I looked at an online resource often overlooked — the chambers practices of federal judges which is found on the… Continue Reading
“Linsanity” for Employers to Fail to Post Required Notices
Posted in Highlight, Human Resources (HR) Compliance, Laws and Regulations, Manager & HR Pro’s Resource Center, Wage & HourEmployers in Connecticut (and other states) have a whole host of notices that must go up in a common meeting area for employees to see. But what happens when an employer forgets to do the postings, or, worse, purposely avoids putting those posters up? A recent federal case in Connecticut addresses that question with important… Continue Reading
Summary Judgment For Tunxis Community College On Claims of Gender Discrimination
Posted in Discrimination & Harassment, LitigationAs I’ve lamented from my very first post, too often the press focuses on new cases that are brought without placing them in context. Yet every month, federal and state courts in Connecticut consider dozens of employment law cases that never make the headlines. One such case is Jacobs v. Connecticut Community Technical Colleges, decided… Continue Reading
Court Allows First Amendment Retaliation Claim to Proceed To Trial
Posted in LitigationLast year, I talked about a First Amendment retaliation case and noted the difficulties in defending against such claims. A new case out of the federal court in Connecticut last week highlights the those difficulties even further. In Brown v. Waterbury Board of Ed. (download here), the Plaintiff, a custodian for the Waterbury Board of… Continue Reading
Court Dismisses Employment Claim After Concluding Employee Committed Perjury During Trial
Posted in Discrimination & Harassment, LitigationIt’s the stuff of television shows. In the middle of trial, a plaintiff (who is claiming his employment was terminated, among other reasons, in retaliation of his exercise of FMLA rights) drops a bombshell: [In the prior October], I learned that I had — have stage III prostate cancer with a metastatic brain lesion." While… Continue Reading
Largest USERRA Judgment Ever? Judge Enters $1.3M Judgment to Reservist & Former Financial Advisor
Posted in LitigationNine months after a jury found his employer liable for firing a reservist called to active duty after the 9/11 attacks, a federal judge awarded Michael Serricchio over $1.3M in damages on his federal claim in a decision handed down late last week. It is believed to be the largest judgment ever awarded under The Uniformed Services… Continue Reading
Court: SNET’s Conversion to Cash Balance Plan Does Not Violate ERISA
Posted in LitigationFirst, a warning. If your eyes glaze over at discussing the difference between cash balance plans and defined benefit plans, this post is not for you. However, for those employers who are considering converting their retirement plans or who have done so, a new case released this morning provides some much-needed guidance in Connecticut about… Continue Reading
Federal Courts May Not Be As Hostile For Employment Plaintiffs As Some Perceive
Posted in Discrimination & Harassment, LitigationSome commentators have argued that the federal courts are increasingly hostile to employees who bring employment discrimination claims in federal court. One study, for example, suggested that plaintiffs simply have too many obstacles to overcome in federal court. A new study on summary judgment practices by the Federal Judicial Center suggests that such a perception may be off-center. (The… 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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