Welcome back from summer! Today, my colleague Gary Starr and I bring you the story of an employer that thought that it had done everything right — only to see it all go wrong.
Imagine this scenario: You, the employer, think you’ve taken all the right steps when hearing about a harassment complaint. You encourage
It’s been a big couple of days for court opinions. Today’s turn: FMLA lawsuits.
When we last talked about the FMLA, it was in the context of the fact that sometimes things about the law are bit complicated.
Well, if you didn’t like the intricacies of the FMLA before, this new decision isn’t going
As we wrap up summer and start returning from vacations, there are several important Second Circuit FLSA decisions decided over the last few weeks that employers need to be aware of. I’ll cover them in posts over the next few days.
Earlier this summer, the Second Circuit (which is the appeals court for the federal
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
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,
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
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
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
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
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: