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

Tag Archives: release

Keep Calm & Carry On: New Federal White-Collar Overtime Rules Still Not Released

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

Over the last few days, Twitter has been a-twittering with buzz that the Department of Labor has sent the final overtime rules to the OMB. This is the equivalent of one department sending another one an e-mail with the new rules. Why? Because it’s just the next step in getting the rules approved.  But nothing… Continue Reading

CHRO Right to Sue Letter Enough to Bring Federal Discrimination Claims to Court

Posted in CHRO & EEOC, Discrimination & Harassment, Highlight, Litigation

In catching up over some interesting employment law cases from 2015, I came across Lennon v. Dolce Vida Medical Spa (download here).  You would be forgiven if you missed it because it’s an unreported Superior Court decision on a seemingly-technical issue. But, if followed by other courts, it has a notable twist. First, the simple… Continue Reading

Has IBM Found a Way Around the OWBPA and Should Others Follow?

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

Last week, a story caught my eye and the attention of some of my colleagues.  As reported first by Bloomberg BNA, IBM has stopped providing the comparison information that is typically required in separation agreements for older workers under the Older Workers Benefit Protection Act. You may be wondering how that is possible.  Robin Shea,… Continue Reading

Background Check Documentation (Printed and Online) Under Renewed Scrutiny

Posted in CHRO & EEOC, Discrimination & Harassment, Highlight, Human Resources (HR) Compliance, Laws and Regulations, Litigation, Manager & HR Pro’s Resource Center, Wage & Hour

If you’re like most employers that do background checks, you probably haven’t thought twice about the documentation you use for it. Perhaps you’ve copied some standard language you’ve found off the Internet (not that there is anything necessarily wrong with that), or maybe you’ve just used a form that has been handed down from one… Continue Reading

Settlement Agreement Provisions To Consider When Settling Discrimination Claims

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

A few days ago, I came across a thoughtful post from Work Matters, a longtime blog run by Michael Maslanka. In it, Mike describes a clause in a settlement agreement to get around an issue that sometimes arises — how do you minimize the threat of an EEOC claim when the EEOC has taken the… Continue Reading

Employee Who Changed Word Secretly in Severance Agreement Allowed to Proceed With Discrimination Claim

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

The situation is a common one. Employer terminates the employment of an employee. Employer provides a severance agreement with its signature already affixed.  Employee signs it and returns the agreement to the employer. Employer, likely reviewing just the signature, pays the severance. But here’s where things get interesting. Employee then sues the employer for discrimination. Employer says, “wait… Continue Reading

The “Standard” Provisions in an Employment Settlement Agreement

Posted in Highlight, Human Resources (HR) Compliance, Litigation, Manager & HR Pro’s Resource Center

The title of this post is, of course, a bit misleading.  Any lawyer will tell you that each employment case you may have is unique and that any settlement must take into account the facts and circumstances of the particular case. All true.  And, if your company is negotiating a settlement, you ought to have… Continue Reading

“If You Don’t Quit (and Sign a Release), You’re Fired”: Court Upholds Agreement; Says It Is Not “Undue Influence”

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

From time to time, employers are faced with a quandary: When an employee has not been following the rules, do I fire the employee straight up? Or do I give the employee an opportunity to resign first, and potentially sign a settlement agreement? Why might an employer do that? Well, it allows the employee to save face… Continue Reading

Quick Hits: EEOC’s ADEA Lawsuit; FLSA Collective Actions & Releases; Severance Pay & Taxes;; EEOC Compliance Manual Update

Posted in CHRO & EEOC, Class Actions, Discrimination & Harassment, Human Resources (HR) Compliance, Laws and Regulations, Litigation, Social Media, Wage & Hour

With the dog days of summer in full force here in Connecticut ("it’s the heat AND the humidity"), it seemed an appropriate time to roll out another installment of the "Quick Hits" feature to touch on a few items you might have missed over the last week or so: One of the biggest stories that you’ll… Continue Reading

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

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

FROM THE ABA LABOR & EMPLOYMENT CONF: RIFs and Layoffs (or, When Bad Things Happen to Good People)

Posted in Human Resources (HR) Compliance

Over the next few days, I’ll be filing posts about the ABA Labor & Employment Law Conference held in Denver from September 10-13 (my plans to post live ran afoul of some firewalls that labelled my site a "weapons" site. Who knew?) With the unemployment rate at its highest levels in several years, it was… Continue Reading

FMLA Waivers – Supreme Court Inches Closer to Deciding Whether Workers May Settle FMLA Claims With Employers

Posted in Laws and Regulations, Litigation

The U.S. Supreme Court this morning asked the government for its views on whether workers may settle Family and Medical Leave Act (FMLA) claims with their employers.  The SCOTUS Blog has the details: The Supreme Court on Monday asked the U.S. Solicitor General for the government’s view on whether workers may settle with their employers… Continue Reading