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Indefinite Leave Not A Reasonable Accommodation Under Connecticut Law

On September 5, 2017, the Connecticut Appellate Court affirmed the Superior Court’s entry of summary judgment in favor of the employer in a case involving the thorny issue of whether an extended leave of absence is a...more

Running a 21st Century Railroad with 20th Century Job Skills: How to Accommodate Disabilities?

On March 7, 2011, Peter Joyce, Jr. (“Joyce”) filed a complaint with the Massachusetts Commission Against Discrimination (“MCAD”), claiming that Respondent CSX Transportation (“CSX”): (1) denied him a reasonable accommodation...more

Indefinite Leave As Reasonable Accommodation

A February 5, 2017 decision of a Massachusetts Commission Against Discrimination (MCAD) Hearing Officer tortures common sense by awarding damages against the employer for failure to accommodate a disability by extending FMLA...more

Labor and Employment Group News: Job Transfer Not Retaliation

On December 30, 2016, a Hearing Officer with the Massachusetts Commission Against Discrimination (MCAD) dismissed the Complainant’s retaliation case, finding that the Complainant had failed to establish a causal connection...more

Labor and Employment Group News: Independent Contractor or “Employee, Inc.”?

It is usually the case that when you contract for services with another company you have engaged it as an "independent contractor." And, as a result, its employees cannot claim that you owe them overtime pay....more

Labor and Employment Group News: Stop Talking to Yourself: Your Employee's Obligation to Engage in the “Interactive Process” When...

Legal counsel for companies have long emphasized the importance of engaging in the “interactive process” in dealing with an employee’s request for an accommodation for a disability. We also advise that the accommodation must...more

Morbidly Obese Employee Entitled to Leave of Absence As Reasonable Accommodation

A case decided by a Massachusetts Commission Against Discrimination Hearing Officer on September 21, 2016 serves as a reminder that, even if an employee is not entitled to paid time-off, granting leave for medical reasons may...more

The Underwear Heist

On September 20, 2016, Intimateco, LLC filed suit against Bliss Lingerie Corp., its founder – the former Intimateco Vice President of Operations – and related parties for trademark and copyright infringement, and related...more

Café Manager Seeks Class Action for Overtime Pay

A Chicago-based Barnes & Noble Café Manager filed a collective action on September 20, 2016 in federal court, Southern District of New York, seeking overtime compensation for herself and similarly situated individuals who...more

MCAD Hearing Officer Awards $50,000 Plus 12% Interest For Gender Identity Harassment

A recent MCAD case illustrates the exposure companies doing business in Massachusetts face for: ..Strict liability for discriminatory and retaliatory acts committed by supervisors; ..Emotional distress damage awards...more

"Dispatched" Employee's Retaliation Claim Revived Where Low Level Co-Worker Provided "Doctored" Evidence

Plaintiff’s version of events - Andrea Vasquez, an emergency medical technician on an ambulance crew out on her midnight shift, received a text message from the Company dispatcher, Tyrell Gray, with the caption, "Wat u...more

Trade Secrets Law: The Inevitable Disclosure Doctrine is Not Yet Dead

A Memorandum and Order issued on August 3, 2016 by a United States District in Missouri is an early illustration of the interplay between state non-competition and trade secret law and the recently enacted (May 11) federal...more

The Road to Pay Equity in Massachusetts: Don't Ask - Don't Tell

Massachusetts was the first state to pass an equal pay act in 1945. On Monday, August 1, 2016, Massachusetts made history once again by enacting the first state law banning an employer’s inquiry into a job applicant’s salary...more

Labor and Employment Group News: Massachusetts Rehabilitation Commission Hit With Substantial Disability Discrimination Award

Private employers will feel faint satisfaction in learning that a Massachusetts Commission Against Discrimination (MCAD) Hearing Officer has lowered the boom in a disability discrimination case on a state agency servicing...more

Labor and Employment Group News: New Wage & Hour Salary Threshold for Exempt Positions Announced May 18, 2016

On May 18, 2016, President Obama and Labor Secretary Perez announced the publication of the final rule updating the overtime pay protections. The Department says that the new rule "will automatically extend overtime pay...more

New Wage & Hour Salary Threshold for Exempt Positions Imminent

Millions of additional Americans will become eligible for overtime pay under a new rule expected to be promulgated by the Labor Department any day now. Currently, management, administrative and professional employees...more

Unfair Competition, Trade Secrets and Non-Competition Agreements Group News: Obama Signs Federal Trade Secrets Act into Law

On May 11, 2016, President Obama signed the Defend Trade Secrets Act of 2016 ("DTSA") into law. The President’s action follows the April 27, 410-2, vote by the U.S. House of Representatives in favor of this long-proposed...more

Health Care Group News: Connecticut Limits Physician Non-Competition Agreements: Just one piece of SB 351

On May 3, 2016, the Connecticut Senate sent SB 351 to Governor Malloy for signature. Among other things, the legislation limits the use of physician non-competition agreements. The Governor is expected to sign the bill into...more

Labor and Employment Group News: U.S. Treasury Issues Report on the Economic Effects of Non-compete Contracts

An office of Economic Policy Report published in March 2016, entitled "Non-Compete Contracts: Economic Effects and Policy Implications," estimates that 18% of all workers, or nearly 30 million people, are covered by...more

Labor and Employment Group News: Human Resources Director Can Be Held Personally Liable Under FMLA

On March 17, 2016, the Second Circuit Court of Appeals ruled that a Human Resources Director can be held personally liable, under a broad reading of what constitutes "an employer" under the FMLA. Graziadio v. Culinary...more

Labor and Employment News: Retaliation Claims Are Difficult to Defend: Redux

A few weeks ago, we reported on a retaliation judgment in U.S. District Court, Connecticut, Summerlin v. Almost Family, Inc. ("Retaliation Claims Difficult to Defend"). The retaliation case discussed below did not cost the...more

Labor and Employment Group News: Retaliation Claims Difficult to Defend

A recent judgment in the United States District Court in Connecticut of over Five Hundred Thousand Dollars ($502,402.05) illustrates the difficulties involved in defending retaliation claims. Summerlin v. Almost Family, Inc.,...more

Labor & Employment News - Rare Employer Win After Public Hearing at the MCAD: But "What is the Price of Victory?

Having cases before the Massachusetts Commission Against Discrimination (MCAD) can be a very frustrating experience for employers. After a complaint is filed, the employer must file a position statement and then attend an...more

Labor and Employment News: Verdict Against High Profile Law Firm Highlights Risk of Double Damages in Wage Cases

On October 29, a Hartford jury awarded $262,930 in a wage dispute against the Haymond Law Firm, P.C. Of particular significance, the Judge permitted the jury to apply the new statutory standard for doubling...more

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