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
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.
For many years, motions to dismiss in discrimination cases were becoming a rarity, mainly because courts were loath to grant them. But the U.S. Supreme Court in the last few years has given the motions new life and recent District Court decisions are now showing the effects.
Latest case in point: Barker v. UBS AG
In employment discrimination cases, some of the day-to-day details of a person’s employment are sometimes disputed. Did an employee "continually" cry at work or only "occasionally" cry? And does it matter?
A recent Connecticut district court decision clarified that such trivial disputes about an employee’s background — without more — are not enough to be
The Ricci v. DeStefano case (now on remand from the U.S. Supreme Court) has vanished from the headlines, but the case is still kicking around as the courts and the parties attempt to fashion a remedy that fits with the judgment in favor of the plaintiffs.
For some time now, however, the plaintiffs have made
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Back in February, a federal court in Connecticut dismissed a lawsuit brought by three former wrestlers who contended, among other things, that they were improperly classified as independent contractors.
The case garnered national attention (see, for example, this post by Zach Lowe at The American Lawyer) for a variety of reasons, including the disclosure
Time for a few multiple-choice questions:
1. In the fiscal year ending September 30, 2008, the number of cases filed in federal court in Connecticut was: a) up significantly over 2007; b) about the same as 2007; c) markedly down from 2007.
2. Since 2003, the number of cases filed and pending in the federal
UPDATED 2/10/09
Sometimes, by coincidence, two unrelated decision get released in close proximity to one another that they bring some greater clarity to the law.
Yesterday, I discussed a Connecticut Superior Court ca
se that found that certain discussions did not create an employment contract and that the employee was properly classified as "at-will".
Earlier
In employment litigation in federal court (let’s leave state court out of this discussion — it’s a whole different animal), filing a motion for summary judg
ment is seen by employers as their last, best chance to win a case before the matter is sent to a jury. After all, if the court grants the motion, a jury never sees the case and the case effectively ends (subject to an appeal).
Over the years, there have been various decisions that have suggested that summary judgments should be more of the exception rather than the rule. Nevertheless, summary judgment still remains a tool that employers have in their toolbox to defend against discrimination claims.
But besides the rules and the decisions that guide how courts should rule on such motions, who judges the matter also plays a role in the ultimate outcome. As discussed below, this is important for employers and in-house counsel to understand when litigating discrimination claims.
Two recent decisions by two Connecticut federal judges illustrate that point. In one case, Judge Vanessa Bryant granted an employer’s motion for summary judgment in a fairly short decision involving a Title VII claim . In another, Judge Christopher Droney denied an employer’s motion for summary judgment on the Title VII claims. Continue Reading A Tale of Two Summary Judgments: Looking at How Federal Judges May View Cases With a Different Lens
Sometimes I feel like a broken record (though in today’s world, perhaps that should be updated to "corrupted music file"). For a while now, it’s been apparent to most of us that employees continue to do silly things with e-mail and their social networking pages.
Add a recent case in Connecticut to the list of cases wher
e individuals