Latest Publications


Inquiry about MLK Jr. Day as Basis for Race Discrimination Claim

I’ve previously talked about Martin Luther King Jr. (MLK) day in prior posts (including way back in 2008!). But this year, I was curious — have any race discrimination claims used evidence relating to the day to support a...more

For Employers and Their Lawyers, A Busy Time

In college, I wanted to write for some of the major newspapers and be on their front page. Little did I know that my big break would now come years later, as a result of being on the cover of the Hartford Business Journal....more

The Dialogue: The Shifts That #MeToo Are Creating in the Workplace

After a break for the holidays, my long-running discussion with Nina Pirrotti, an employee-side attorney, returns. Nina is a partner at the law firm of Garrison, Levin-Epstein, Fitzgerald and Pirrotti, where she represents...more

Dreaming of Summer and Internship Tests

Summer feels really far away right now. It’s just been brutally cold here in the Northeast....more

Arbitration Provision in Employment Agreement Mandate, Well, Arbitration

Suppose there’s an old employment agreement between the employer and employee. Then the employer fires the employee. But there’s been a few intervening events and it’s not exactly clear that the employment agreement still...more

Shoveling Out Your Nor’Easter Employment Law Protocols

..You have your bread. And milk. Presumably eggs too. (Anyone making French Toast this morning?) ..But do you know the employment law rules that apply for winter storms and classic nor’easters like we have...more

Three Fearless Employment Law Predictions for 2018

In years past, I’ve looked at my crystal ball, I’ve read the tea leaves and I’ve even examined my Magic 8-Ball sitting in my office. (You never know when you need one.) I’m out of prediction-making tools....more

A Look Back at the Big Employment Law Predictions for 2017

The only relevant test of the validity of a hypothesis is comparison of prediction with experience. So said the economist Milton Friedman. At least the Internet says he said it. Must be true, right?...more

12/22/2017  /  DOL , NLRB

Everything about the Case Assessment Review at the CHRO

This post is for the employment law nerds out there. You know who you are....more

12/15/2017  /  Employment Policies , FOIA , Human Rights

A Reflection on Newtown, Five Years Later

I’ll never forget the day I drove into Newtown, Connecticut. As NBC 30’s Gerry Brooks tweeted this morning: How could you?...more

FLSA Wage & Hour Claims Can Be Subject to Arbitration

There is news in the employment law world beyond sexual harassment. Arbitration clauses to be exact. Yesterday, the Second Circuit issued a small, but important decision for employers that will continue to limit FLSA wage...more

The Basics of Sexual Harassment Prevention Training and Posting

In yesterday’s post, I talked about the basics of what is and is not “sexual harassment”. Continuing the theme of going back to the basics, employers in the Constitution State have certain posting and training requirements...more

What IS (and is NOT) Sexual Harassment (Legally Speaking)

With all the focus on sexual harassment in the news lately, one thing missing from most of the coverage is an actual explanation of what is (and is not) “sexual harassment”. At least according to the law....more

Beware the Rush to Judgment in Sexual Harassment Cases

This current wave of sexual harassment (and, in some cases, sexual assault) allegations that are making headlines every single day is downright astonishing to many employment lawyers that I know. It is the tsunami that...more

Firing Because She’s TOO Cute? That Just May Be Illegal Too

My partner Gary Starr returns with this pre-Thanksgiving tale that seems appropriate not for the holiday, but for the headlines of late. Happy Thanksgiving and stay out of trouble....more

The Five Questions You Must Ask Before Any Employment Decision

Employment law lawyers are asked to review a lot of employment decisions. If we’re lucky, we’re brought in early in the process when the decision isn’t yet final and where our input can be useful....more

An Immigrant Story: Best Left Untold in Interview Process

Recently, I had the opportunity to see Rags, a new revival now running at the classic Goodspeed Opera House. I don’t often do theater reviews on this site, but I give it a thumbs up....more

The Rise of Smartphone-Fueled, Social-Media-Addicted Smartphone Zombies

Yesterday, I had the opportunity to speak to the IASA Northeastern Conference on a favorite topic of mine of late — Privacy and Data Breaches in the workplace. Of course, that sounds kinda of boring....more

You’ve Concluded Something “Inappropriate” Occurred in the Workplace. What’s Next?

The supervisor did it. Yep, you’ve concluded that he sent unwanted texts to his subordinate telling her she looked “beautiful.” Maybe even stopped by her hotel room unannounced one night at a conference for a “nightcap”....more

If Sexual Harassment Prevention Training is Broken, What's the Fix?

With a new wave of sex harassment complaints making headlines, there is also a bit of reflection that should happen at workplaces and the lawfirms that counsel them. One area that we can evaluate is whether the training...more

No Fingerprinting as a Religious Accommodation? Yes, Says Court

You wouldn’t think that fingerprinting would be brought into the world of religious accommodations. After all, the importance of background checks cannot be denied, particularly when the prospective employee is going to...more

The End of Tip Pooling Cases Against Hospitality Industry?

Late yesterday, various press reports signaled what could be the beginning of the end for 2011 Department of Labor guidance that had greatly expanded legal claims against restaurants. The 2011 rule barred businesses...more

When is an Employee Issue a Legal Issue (and When Is it HR)?

A while back, I had a good discussion with a colleague on a topic with no real firm answers. No, it wasn’t on whether the Yankees are better franchise than the Red Sox. ...more

Whatever Happened To...The Wage Claim of Strippers (Or, “Exotic Dancers”) As Employees?

Back in 2011, I discussed a titillating case of strip club dancers (or, a decision says, “performers”, “entertainers”, “dancers” or even “exotic dancers” — although not “strippers”) who were trying to claim wages for the time...more

Deeper Dive into Statistics Confirm Rise in Sex Harassment Cases...With Some Caveats

So a few weeks back, I suggested that we were entering into a new era of sexual harassment cases and wondered out loud when the statistics would back up my observations. We now have our first signs. Maybe....more

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