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

Tag Archives: liability

Second Circuit = The Avengers? Judges Create Alter Ego Liability

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

Alter egos are all the rage right now with The Avengers well on its way to becoming one of the most popular movies of all time. Hearing about a new case out of the Second Circuit, it would be easy to conclude the Court was getting into the superhero business with the establishment of a new theory of liability… Continue Reading

Court Rejects “Alter Ego” Doctrine As Basis for Suing Supervisor for Discrimination

By Daniel Schwartz on Posted in Discrimination & Harassment, Litigation

The Second Circuit has long held that supervisors cannot be sued in their individual capacity under Title VII.  But can an employee do an end run around that by arguing that the supervisor is the “alter ego” of the company? Well a few federal courts outside Connecticut have said that under the “alter ego” doctrine,… Continue Reading

BREAKING: U.S. Supreme Court Allows “Cat’s Paw” Theory of Liability in Discrimination Cases

By Daniel Schwartz on Posted in Discrimination & Harassment, Litigation

Time and again, pundits suggest that the U.S. Supreme Court now is among the most conservative in decades and, by extension, pro-business. If that’s the case, they’re going to be awfully surprised with today’s 8-0 ruling in Staub v. Proctor Hospital (download here) in which the court broadened the methods that an employee can use… Continue Reading

Who’s a “Successor” for FLSA Purposes? District Court Outlines Three Tests…And Punts

By Daniel Schwartz on Posted in Wage & Hour

When faced with an unpaid wage claim (such as one brought under the Fair Labor Standards Act — FLSA, for short), an employer has one option that is often off the table, an option nicknamed the "nuclear option".   What is it? It is to close the business, either through a bankruptcy or just an… Continue Reading

Second Circuit: No Individual Liability Under ADA Retaliation Provisions

By Daniel Schwartz on Posted in Discrimination & Harassment, Litigation

It has long been the rule in the Second Circuit, that individual supervisors do not have liability under Title VII claims, based on the case of Tomka v. Seiler Corp.  But can supervisors be sued individually under the ADA for retaliation? The Second Circuit last week held that individual supervisors may not be held liable under the… Continue Reading

Second Circuit: Employers May be Liable for Discrimination By Third Parties

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

Earlier today, I was fortunate to hear Second Circuit Judge Guido Calabresi speak at a Connecticut Bar Association Young Lawyers Section event as the 2009 Distringuished Speaker Award.  He can weave a great story and mixed telling us tales of his interactions between Justices Sotomayor and Roberts, and of working for a United States Supreme Court … Continue Reading

Employer Liability for Technology Addiction – Really?

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

Employers right now have a lot to worry about. New ADA rules. New FMLA regulations. New COBRA rules. In an article entitled "The unabalanced high-tech lift: are employers liable?", a few academics suggest that technology may be something else that employers need to worry about.  The article summary states: Technology has created new capabilities, as well… Continue Reading

Reducing Risks in a Reduction in Force – Is There a Perfect Solution

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

Addressing the legal risks associated with a reduction in force (or "RIF") has long been a topic on this blog. In fact, looking in my crystal ball way back in January 2008, I suggested that it would the hot topic before years’ end.  Flash forward to the present, and the headlines continue to be dominated… Continue Reading

Holiday Office Parties: What Issues Should an Employer Be Considering?

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

Although many holiday office parties have been toned down this year (or canceled) in light of the recession, there are certainly plenty of others moving forward.  Last year, I did a series of posts on the subject from an employment law perspective.  In general, and besides the obvious sexual harassment issues that always seem to… Continue Reading