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David Versus Goliath: Supreme Court Hears Landmark Class Action

All eyes are on the United States Supreme Court in a case that involves millions of female employees facing off against the nation’s largest retailer.  The United States Supreme Court heard arguments in March on the most closely watched case before it this year, and the largest employment class action in history, Wal-Mart Stores, Inc. v. […]

DOL to Target Connecticut Construction Industry Employers for Wage and Hour Violations

Employers in the construction industry should not be surprised if the Department of Labor comes knocking at their door in the near future.  Recently, the Hartford office of the U.S. Department of Labor’s Wage and Hour Division announced an enforcement initiative to identify and eliminate wage and hour violations through increased compliance with the federal […]

Second Circuit: First Amendment Law Protecting Student Speech is Confusing

The next chapter in the continuing saga of Doninger v. Niehoff, et al. was decided and issued by the United States Court of Appeals for the Second Circuit on April 25, 2011.  You may recall reading about this case in 2008, when the Second Circuit upheld the decision of District Court Judge Mark Kravtiz denying the plaintiff […]

Connecticut Arbitration Reform Proposal Denied by General Assembly

Apparently Connecticut Is No Wisconsin. Despite ground breaking legislation in Wisconsin, Michigan and other locales aimed at providing relief for cash strapped municipalities, none of the initiatives proposed in Connecticut have found any traction in Committee. Among the reforms sought was one which would have kept interest arbitration intact, but provided minor relief, such as […]

FOI Rules That Arbitration Hearings Under the TNA Are Open To The Public

In a decision which is likely to change the dynamics of interest arbitration proceedings in Connecticut, the Freedom of Information Commission has ruled that the decades long presumption that teacher interest arbitration hearings are closed to the public, is incorrect.  In the case at issue, the Waterbury Republican-American Newspaper sought entry to an interest arbitration […]

NLRB Reform Agenda Will Put Employers’ Union Avoidance Strategies to the Test

Recent developments following the National Labor Relations Board (NLRB) election results indicate that the NLRB will affect sweeping changes in 2011 making union organizing easier and compliance more onerous and expensive for employers. Employers face greater enforcement mechanisms, modifications to agency policies and procedures, and additional regulatory requirements under certain initiatives implemented and under consideration. […]

New Legislation Protects Employees Who are Victims of Family Violence

On October 1, 2010, a new Connecticut law went into effect which provides additional employment protections to victims of family violence and an allowance of leave time for employees dealing with issues relating to family violence. Before October 1, 2010, Connecticut law prohibited employers from terminating, penalizing, threatening, or otherwise coercing employees with respect to […]

Retaliation Claims Create Bigger Headache for Employers than Discrimination Claims

In 2010, retaliation surpassed race for the first time ever as the most frequently filed charge with the United States Equal Employment Opportunity Commission (EEOC). This is of great concern, given that retaliation is often far easier to prove than discrimination, and given that there has been a national trend of high damage awards issued […]

Retaliation Claims Create Bigger Headache for Employers than Discrimination Claims

In 2010, retaliation surpassed race for the first time ever as the most frequently filed charge with the United States Equal Employment Opportunity Commission (EEOC). This is of great concern, given that retaliation is often far easier to prove than discrimination, and given that there has been a national trend of high damage awards issued […]