Daniel Schwartz

Daniel Schwartz

Shipman & Goodwin LLP

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BREAKING: Connecticut Supreme Court Rules Restaurant Cannot Apply Tip Credit to Pizza Delivery Drivers

The Connecticut Supreme Court, in a unanimous decision that will be officially released April 4, 2017, has ruled that employers may not use the “tip credit” for pizza delivery drivers and therefore, the employees must be paid...more

3/24/2017 - CT Supreme Court Delivery Drivers Minimum Wage Restaurant Industry Tip Credit Wage and Hour

What Does “At Will” Employment Really Mean?

Years ago, I recall having a friendly conversation with another attorney in Connecticut where the topic turned to the notion of “At Will” employment. When we couldn’t settle on an answer, we moved on to talking about...more

3/23/2017 - At-Will Employment Employer Liability Issues Hiring & Firing Termination

Second Circuit Rejects Employee’s Trypanophobia Claim

You don’t need to look for a needle in a haystack to figure out this latest case from the Second Circuit. But you do need to know what “trypanophobia” is....more

3/22/2017 - Appeals Corporate Counsel Disability Discrimination Employer Liability Issues Essential Functions Hiring & Firing Interactive Process Pharmacist Reasonable Accommodation Rite Aid

Four Compliance Items Connecticut Employers Can Check Now

It’s a challenge for employers to keep up with changes to employment laws. What’s the current status? What do I need to change? So, here are four quick things you can look at right now to ensure that you are up to...more

3/21/2017 - Employer Liability Issues FMLA Minimum Wage Payroll Cards Wage and Hour

Where Are Your Employees? (Hint: It May Not Be Facebook Anymore)

I recently gave a presentation on social media to a local non-profit and had the opportunity to review some of the latest statistics when it comes to the use of social media. Frankly, I knew that there has been a shift...more

3/17/2017 - Employment Policies Facebook SnapChat Social Media Policy Social Networks

A Rare Look Into An Employee’s Duty of Loyalty to the Employer

After nine-plus years of writing about employment law in Connecticut, it’s getting to be pretty rare to find a topic that I haven’t at least touched upon, but here’s one: The Duty of Loyalty. Indeed, a new Connecticut...more

3/15/2017 - CT Supreme Court Damages Duty of Loyalty

The Dialogue: What Legislation We’re Keeping Our Eyes On

If at first you succeed, try it again. Well, that may not be how the saying goes, but the first back-and-forth post between me and Nina Pirrotti, an employee-side attorney, was so well received that we’re back for...more

3/14/2017 - Anti-Retaliation Provisions Employee Misconduct FMLA General Assembly Pay Equity Laws Pending Legislation Rule 11

Breaking: Conn. Supreme Court Clarifies ABC Test for Independent Contractors

I’m back with news of a relatively big decision today from the Connecticut Supreme Court. In the decision, the Court clarified an important question that the Connecticut Department of Labor had been pushing hard....more

3/14/2017 - ABC Test CT Supreme Court Employer Liability Issues Independent Contractors Misclassification Unemployment Compensation System Wage and Hour

No Love for Guns in Workplace Is Protected, Court Finds

While the calendar may read Valentine’s Day, I’ve tackled more than my fair share of love-themed posts in the past filled with roses and chocolates. So instead, I’m going to go in a different direction entirely: Guns....more

2/14/2017 - Firearms Hiring & Firing Public Policy Workplace Safety

The Dialogue: Hiring Employees the Right Way (From Different Sides)

I’ll confess. I’m excited about today’s post. It’s hard to find something new to do after nearly 10 years of blogging, but I think today’s post is pretty innovative....more

1/27/2017 - Best Management Practices Employer Liability Issues Employer Mandates Hiring & Firing Retaliation Trump Administration Wage and Hour

Mary Tyler Moore Taught Us One of the Best Employment Discrimination Lessons

Mary Roberts’ job interview with Lou Grant is, perhaps one of the most famous job interviews ever. So says Time magazine. Before I go on, though, there are probably more than a few of you who don’t know what I’m...more

1/26/2017 - Hiring & Firing Mary Tyler Moore Television Shows

Could “The Last Jedi” Actually Be Practicing Religion in Your Workplace?

Yesterday, news came out that Episode 8 (I mean, VIII) of the Star Wars series would be named “The Last Jedi”. Which reminded me about an article in The New York Times I saw a few weeks ago that I had been meaning to...more

1/24/2017 - EEOC Reasonable Accommodation Religious Freedom Title VII

New York (State and City) Imposes New Rules for Freelancers, State Contracts

My colleagues, Clarisse Thomas, Keegan Drenosky and I have been busy keeping track of the developments in New York which may impact Connecticut employers with cross-border business. Here are two of the most recent...more

1/19/2017 - Employer Liability Issues Employer Mandates Freelance Workers Governor Cuomo Independent Contractors New Regulations Pay Equity Laws Service Contracts State Contractors

Connecticut Legislative Session Preview: Is a New State Overtime Rule In Play?

The Connecticut General Assembly is back in session and with significant budget deficits looming, it’s not going to be an easy year for legislators. From a labor and employment law session, once again it will be...more

1/18/2017 - General Assembly Hiring & Firing Legislative Agendas State Budgets Wage and Hour

Phishing Scam Targets HR Professionals By Seeking W-2s

With the new year upon us, cyberthieves are once again attempting to prey on unwitting HR professionals, as my colleague William Roberts explained in an article last week for SHRM on phishing. The scam goes like this. As...more

1/17/2017 - Cybersecurity Human Resources Professionals IRS Phishing Scams

Punitive Damages Not Available For State Employment Discrimination Claims

In a decision that will be officially released next week, the Connecticut Supreme Court has, at last, ruled that punitive damages are not an available remedy for state law employment discrimination claims. You may recall...more

1/4/2017 - CT Supreme Court Disability Discrimination Punitive Damages State Law Claims UPS

Looking Back and Ahead to Employment Law in 2017

For many years, I’ve used my first post each year to look back and ahead at the area of employment law. My record of predictions has been about what you would expect someone predicting the future — about average....more

1/3/2017 - DOL NLRB Trump Administration Wage and Hour

General Assembly Committee Releases Report Critical of CHRO Complaint Processing

Last week, the Legislative Program Review and Investigations Committee released a 129-page report on the Commission on Human Rights and Opportunities, with a focus on Discrimination Complaint Processing. ...more

12/14/2016 - CHRO Complaint Procedures Discrimination General Assembly Information Reports

Deep Dive Into CHRO Case Statistics Show Increases in “Harassment” Claims

As I did last year, after I posted on the general statistics of the CHRO to see if we could glean any trends, I took a deeper dive into what the statistics this year show. And there were definitely a few surprises....more

12/2/2016 - Discrimination Human Resources Professionals Retaliation Unemployment

New Statistics From CHRO Show Continued Rise in Discrimination Complaints

At this week’s CHRO information session, I was able to review the new statistics released by the CHRO this fall regarding case filings and dismissals. ...more

12/1/2016 - CHRO Discrimination EEOC

CHRO Acknowledges Faults with Case Assessment Review Process But A Fix May Be Hard

Yesterday, I had the opportunity to sit on a panel discussion sponsored by the Commission on Human Rights and Opportunities. Charles Krich, a Principal Attorney, also spoke and it was moderated by Deputy Director Cheryl...more

11/30/2016 - CHRO Human Rights Special Meetings

CHRO Informational Session for Attorneys Being Held Today

If you don’t have plans this afternoon, I recommend joining me over at a panel discussion at the Connecticut Commission on Human Rights and Opportunities headquarters in downtown Hartford. There, the CHRO will be holding...more

11/29/2016 - CHRO Human Rights Special Meetings

From the Archives: Back to the Basics on Sexual Harassment Prevention

Wrapping up my look back this shortened week at some “Basics” posts, here’s a reminder of the obligations employers have to conduct sexual harassment prevention trainings. Have a wonderful Thanksgiving and thanks for your...more

11/23/2016 - Anti-Harassment Policies Employee Training Employer Liability Issues Sexual Harassment

BREAKING: Judge Orders Halt to New Overtime Rule

I have this running joke with my wife that anytime I’m on vacation, it seems that big employment news breaks. And this vacation is no exception. And it’s probably the biggest employment law news this year. Not the...more

11/23/2016 - DOL Exempt-Employees FLSA Minimum Salary Over-Time Preliminary Injunctions Wage and Hour White-Collar Exemptions

From the Archives: The Basics of Agriculture’s Exemption to Wage/Hour Laws

Continuing a look back at some “basics” posts you might have missed, back in 2009, I tackled an exemption that may be overlooked when it comes to employment laws. Connecticut has a proud history of farms. Many, like...more

11/22/2016 - Agricultural Workers Farms Over-Time Wage and Hour

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