Scott E. Schaffer

Employers Disadvantaged by New NLRB Election Rules

In December 2011, the National Labor Relations Board voted to implement a new set of union election rules that will limit the type of pre-election legal challenges available to employers. With fewer permissible challenges,…more
| Labor & Employment Law

Performing Work at Home Does Not Convert Commute Into Paid Time

Millions of employees now use laptops and PDAs, such as IPhones and Blackberries, to perform their work. They often check their devices before leaving for work in the morning and after returning home in the evening. A recent…more
| Labor & Employment Law

NLRB Delays New Poster Requirement

Private sector employers subject to the National Labor Relations Act will be required to post a new notice informing employees of their rights under the Act, including the right to organize. After several delays, the Board has…more
| Labor & Employment Law

Employee Dissatisfaction at All Time High

A recent report by Gallup showed that people of all ages and income levels are increasingly unhappy with their supervisors, apathetic about their organizations, and detached from what they do. Gallup estimates this…more
| Labor & Employment Law

Zone of Interest Concept Applied to Title VII Retaliation Claims

In a significant case issued last year, the U.S. Supreme Court expanded the right to file Title VII retaliation claims to employees, based on their relationship to other employees who directly engaged in protected activity. …more
| Labor & Employment Law

But For Standard Applied to ADA Retaliation Claims

In a recent case of first impression, the U.S. District Court for Connecticut applied the “but-for” causation standard to ADA retaliation claims. Saviano v. Town of Westport, Case No. 3:04-CV-522(RNC) (D. Conn. Sept. 30, 2011)…more
| Labor & Employment Law

Reasonable Accommodation Covers Commute to Work

In a recent case, the Second Circuit Court of Appeals held that an employer’s reasonable accommodation obligation extends to assisting employees with their commute to work. Nixon-Tinkelman v. NYC Dept of Health and Mental…more
| Labor & Employment Law

Employer's Guide to Connecticut's Paid Sick Leave Law

Effective January 1, 2012, Connecticut became the first state to require paid sick leave. Public Act No. 11-52. Employers should make sure their handbooks, and policies, including those covering leaves of absence, paid time…more
| Labor & Employment Law

Rules Governing Unpaid Internships

With the poor economy employers are seeing more adults willing to take unpaid internships to get their foot in the door. Questions often arise whether it is legal to hire them without pay. The short answer is yes, but…more
| Labor & Employment Law

Nursing Mothers Entitled to Lactation and Breastfeeding Breaks

Effective March 23, 2010, The Patient Protection and Affordable Care Act of 2010 amended the Fair Labor Standards Act (“FLSA”), and granted nursing mothers the right to “reasonable” unpaid work breaks to express breast milk…more
| Labor & Employment Law

Miami-Dade County Enacts Wage Theft Ordinance

Miami-Dade became the first county in the nation to adopt a countywide wage theft law. The ordinance, effective on March 1, 2010, applies to private sector employers, prohibits wage theft, and provides administrative procedures…more
| Labor & Employment Law

Employers Liable for Contractor's Discriminatory Acts

The Second Circuit Court of Appeals, which covers Connecticut, recently ruled that employers can be held directly liable for the discriminatory acts of contractors hired to perform certain tasks on their behalf. In Halpert…more
| Labor & Employment Law

Making Non-Competes and Other Restrictive Covenants Enforceable

Contrary to the popular belief of many, non-compete agreements and other restrictive covenants are enforceable, when properly drafted. Non-compete agreements typically prevent an employee from competing with their employer…more
| Labor & Employment Law

Genetic Information Discrimination

Effective November 21, 2009 employers will be subject to a new set of federal rules regarding the use of genetic information. The Genetic Information Nondiscrimination Act (GINA) prohibits employers from making employment…more
| Labor & Employment Law

FMLA Rights for Military Servicemember Families and Veterans

On October 28, 2009 President Obama signed the Supporting Military Families Act of 2009, which expands the exigency and military caregiver leave provisions of the Family and Medical Leave Act. The changes, which were effective…more
| Labor & Employment Law
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Areas of Practice
  • Labor & Employment Law
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