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Daniel A. Schwartz

Daniel A. Schwartz

Pullman & Comley, LLC


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The Underside of Vine: Another Headache for Employers

As I highlighted last month, Vine – a new video-sharing app — is quickly infiltrating the workplace. Since my original post, I’ve been keeping tabs on what people are doing on it....more

5/22/2013

Paid Sick Leave (PSL) “Fixes” Pass State Senate; Final Approval Expected

Shortly after passage of the Paid Sick Leave law a few years ago, it became apparent that there were several quirks in the law that would make enforcement and compliance challenging in some places. I highlighted a few issues...more

5/21/2013 - Medical Leave Paid Leave

Act On Clarifying Ownership of Work-Related Social Media Accounts Before You Become “Dinner”

Yesterday, I had the distinct pleasure of delivering the keynote address at Adnet Technologies’ Worksmart 2013. My thanks to Adnet (Christopher, Ed, Amanda, and Faith in particular) and the hundreds who attended. We were...more

5/20/2013 - Social Media Social Media Account Ownership

Revisions to CHRO-Related Statutes Under Consideration Include Damages for Emotional Distress

Whenever someone tells you that a proposed bill “clarifies” something or “simplifies” existing law, you should view such talk with a dose of healthy skepticism....more

5/16/2013 - CHRO Disability Emotional Distress Damages Mental Illness Proposed Legislation

Legislative Update: Social Media Account Protection and Paid FMLA?

With just a few weeks left in what has turned out to be a very unpredictable legislative session in Connecticut, there are still several bills up for consideration that employers need to be on the look out for. ...more

5/14/2013 - FMLA Hiring & Firing Medical Leave Paid Leave Proposed Legislation Social Media

Social Media: “Friend” or “Foe”? Worksmart Presentation Upcoming

“Is social media a good thing?” That question is typically on the minds of people who don’t use it for personal or business reasons. ...more

5/10/2013 - Social Media Social Media Policy

Breaking: No NLRB Union Posters, Says Appeals Court

A while back, the NLRB proposed that all employers would need to put up posters detailing employee rights to form a union. If employers did not, then the employers could be subjected to an unfair labor practice charge — a...more

5/8/2013 - NLRB Unions

Proposed Bill Would Create Chaos for Employers and Constitutionalize Common Workplace Grievances

Employers: If there is one proposed bill at the Connecticut General Assembly to be concerned about this year, it is the stealth House Bill 6667. It could have the single biggest impact on employer/employee relations in a...more

5/1/2013 - Employer Liability Issues Free Speech Proposed Legislation

Senator Murphy: Prospects “Not Too Good” for Federal Bill Prohibiting Sexual Orientation Discrimination (ENDA)

As many wait for the Supreme Court’s decision later this term on same-sex marriages, one issue that seems to get lost in the shuffle is the fact that there is still no federal law prohibiting discrimination in employment on...more

4/26/2013 - Discrimination ENDA Gay Rights Proposed Legislation Sexual Orientation Sexual Orientation Discrimination

Appellate Court: Tenured Teachers May be Terminated for “Disability” Without Violating CFEPA

The Connecticut Appellate Court yesterday released two notable employment law decisions. They won’t become “official” until April 30, 2013, so you have some time to digest them. I’ll cover one today and leave the other for a...more

4/24/2013 - Disability Fair Employment Practices Act Hiring & Firing Teachers Tenure Termination

Offers of Judgment in FLSA Collective Actions: Another Tool for Wage & Hour Claims

Last week, while most of us were focused on the events in Boston, the U.S. Supreme Court came down with a notable decision last week involving a wage & hour class action (it’s actually called a “collective” action, but for...more

4/23/2013 - Collective Actions FLSA Genesis Healthcare Corp. v. Symczyk Rule 68 SCOTUS Symantec Wage and Hour

Workplace Issues Now Grow on “Vines”; Why Employers Need a Policy More Than Ever

As I said in an earlier post, I’ll be speaking about Social Media and the Workplace, as part of WESFACCA’s “Day of Privacy” presentation later this week. ...more

4/16/2013 - Data Protection Facebook Mobile Apps Social Media Social Media Policy Twitter Vine

Should You Fire Employees Who Use (or Misuse, However Defined) Social Media?

A few days ago, The New York Times, ran a series of short essays from people on its “Room for Debate” page. The question it posed? “Should employers get tough with strict policies about social media activity, so that...more

4/9/2013 - Hiring & Firing Regulation FD Social Media Social Media Policy

Calling a Co-Worker “Stupid” Not Enough to Prove “Disability”, Court Says

With the changes to the ADA laws a few years back broadening the definition of a “disability”, there was some speculation (including on this blog) that we would not see very many instances where a court would throw out an ADA...more

4/3/2013 - ADA Disability Disability Discrimination Discrimination

What’s New at the General Assembly? Anti-Employer Bills, Says CBIA

There’s been little press over what is going on at the Connecticut General Assembly this spring. ...more

4/2/2013 - Medical Leave Minimum Wage Paid Leave Parental Leave Passwords Proposed Legislation Social Media

The Beginning of the End for Wage & Hour Class Actions Through Arbitration Agreements? Second Circuit Sets Stage

Suppose you have your employees’ sign agreements to arbitrate all of their employment disputes. (I’ve talked about arbitration agreements in many posts before.)...more

3/26/2013 - Arbitration Arbitration Agreements Wage and Hour

Does Your CEO Own Her LinkedIn Account? One Court Says Yes, But…

In legal circles, we’ve all been anxiously awaiting a result in the case of Eagle v. Morgan (download here) – a case out of Pennsylvania where the issue who owned a LinkedIn page and contacts (the employee vs. the employer)...more

3/21/2013 - Eagle v Edcomm Hiring & Firing LinkedIn Passwords Social Media Social Media Policy

Office Pools in Connecticut: Jump In? Maybe. (But Don’t Cause a Splash)

As I’ve written about before, Connecticut has basically turned a blind eye towards office pools — particularly when the organizer doesn’t take a cut of the prize money. ...more

3/19/2013 - Discrimination Employment Policies Sports Sports Gambling

Spring Cleaning: Time to Update Some FMLA and I-9 Forms & Posters

For lawyers, anytime there’s a change, it seems to be a big deal. But for employers, change is inevitable and part of business. Indeed, if a new poster is required by employers, most employers simply shrug and order a new...more

3/14/2013 - DOL Eligibility Flight Crews FMLA Hiring & Firing I-9 Medical Leave Military Caregiver Leave Military Service Members Notice Requirements

Dog Days (of Winter) are Over: Audits for Worker Misclassification On Increase

Consistent readers of the blog will no doubt know of my weaving in pop culture into blog posts. So it was with some good fortune that as I began to write this post, the song “Dog Days are Over” popped up on my iPhone speakers...more

3/12/2013 - Audits DOL FLSA Independent Contractors Misclassification

Is Being On Time an Essential Function of Job? Second Circuit Says Most Times But Not Always

Let’s start with the premise, as the Second Circuit does, that “In many, if not most, employment contexts, a timely arrival is an essential function of the position, and a plaintiff’s inability to arrive on time would result...more

3/6/2013 - Disability Discrimination Discrimination Essential Functions Punctuality

Facebook Password “Privacy” Bill Is An Answer In Search of a Problem

The Connecticut General Assembly’s Labor & Public Employee Committee today is considering drafting a proposed bill “to prevent current or potential employers from requesting or requiring that employees or potential employees...more

3/1/2013 - Facebook Hiring & Firing Passwords Social Media

Employees Who Smoke (Part II) – The Exception for Health Insurance Plans

So yesterday, I made a convincing case that employees who smoke outside the workplace can’t be treated differently than your non-smokers. ...more

2/26/2013 - ERISA Health Insurance Preemption Premiums Smokers

From the Archives: Offer Letters in Connecticut

As I take a few days off, here’s a post from WAY back in 2009 about offer letters that you may have missed. With employers doing more hiring in 2013, it takes on added relevance....more

2/21/2013 - Offer Letters

From the Archives: What to Expect When You’re Expecting the USDOL

While I take a few days away from the office, here’s a post you may have missed in the past. With the U.S. Department of Labor conducting more investigations, it is more relevant than ever....more

2/18/2013 - DOL Investigations

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