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Employment Law Letter

Quarterly Newsletter

Employment Law Letter is published quarterly as a service to clients and friends by the firm’s Labor and Employment practice, with the cooperation and assistance of the Business Litigation and Employee Benefits practices.

Included in each issue are National News and Legal Briefs and footnotes.

Fall 2017

  • Does Substance Abuse Qualify for FMLA?
  • Workers' Comp Exclusivity Has Few Exceptions
  • Are Two-Tier Benefit Systems Discriminatory?
  • "Assistant Managers" Often Misclassified
  • Legal Briefs...and Footnotes

Summer 2017

  • SCOTUS Says Casino Driver Can't Use Tribal Immunity
  • Can You Call Your Boss a Motherf***er on Facebook?
  • Double-Dipping Mayor Loses Appeal
  • Labor Cases Can Still Bring Big Dollar Results

Spring 2017

  • Employee vs. Contractor Is Still a Complex Question
  • When Are You Liable For Supervisory Misconduct?
  • No "Tip Credit" For Delivery Drivers
  • Who Qualifies for UC Is Sometimes a Tossup

Winter 2017

  • No Punitive Damages Allowed Under CT Discrimination Law
  • What Constitutes a "Safe Place to Work?"
  • Drug Testing is Back in the News 

Fall 2016

  • Three Things You Didn’t Know About Workers’ Comp
  • Retaliation Claims Are Difficult to Defend
  • “Cat’s Paw” Theory of Liability Expanded

Summer 2016

  • New Connecticut Pay Equity Law Gets First Test
  • Emotional Distress Awards Becoming More Common
  • Aggregate Teacher Ratings Found To Be Public Records
  • ABC Test Clarified By CT Supreme Court

Spring 2016

  • Will Smoking Pot on the Job Get You Fired?
  • Timing is Important But it Isn’t Everything
  • Free Speech Cases Must Balance Interests
  • No Good Deed Goes Unpunished

Winter 2016

  • Kleen Energy Workers Can't Sue for Lost Wages
  • American Medical Response Loses Another NLRB Fight 
  • Boss Dodges Lawsuit by Worker with AIDS 
  • Nepotism Policies are Necessary, but Tricky 

Fall 2015

  • Workplace Speech Protections Refined by Connecticut Supreme Court
  • Accommodating Religious Beliefs is Complicated
  • Old Law Gets New Interpretation

Summer 2015

  • Disability Benefits a Trap for Unwary Employers
  • Union “Prisoner” Shirts Prohibited by AT&T
  • Educator Salary Cap Reinterpreted by Attorney General
  • How to Guarantee You’ll Be Sued

Spring 2015

  • Is a Volunteer an Employee for Discrimination Law Purposes?
  • Don't Use "Just Cause" Except In Union Contracts
  • Are Courts Getting Tough On Disability Claims?

Winter 2015

  • New Year’s Resolution: Review Employee Manual
  • What’s Up With The Yelmini "Layoff"?
  • Public Policy In Eye of Beholder
  • Groton Fire District Dodges a Bullet

Fall 2014

  • Be Careful What You Say About Terminated Employees
  • Bullying by Teacher Equals Child Abuse
  • You Won’t "Like" This. . .

Summer 2014

  • Cameras in the Workplace: Fodder for Litigation
  • Consider Non-Compete Agreements Carefully
  • Who is an Employer? It’s Not So Clear Anymore

Spring 2014

  • What Does It Take To Fire a Cop?
  • Employment Lawsuits: Lost Wages are Just the Beginning!
  • “Loose Lips Sink Ships”

Winter 2014

  • New Marijuana Laws Raise Drug Testing Questions
  • Off-Duty Conduct Can Justify Firing
  • Beware of Workers Comp In Separation Agreements

Fall 2013

  • Sexual Harasser Stays Fired
  • Retaliation Claims Common, Not Easy
  • Who Gets Jobless benefits?
  • Now We've Seen Everything

Summer 2013

  • Rowland Layoffs Overturned
  • Employee Surveillance Has Its Limits
  • Governor Vetoes Non-Compete Bill
  • Now We've Seen Everything

Spring 2013

  • Surprise! CHRO Advocates for Complainants
  • HealthBridge Strike Takes Yet Another Twist
  • Whistleblower Claims on the Rise
  • Public Pensions No Longer Untouchable

Winter 2013

  • Labor Board Sets Traps for Unwary Employers
  • Don’t Neglect COBRA: It Can Bite You!
  • Shooting Threat By a Cop????

Fall 2012

  • Retaliation Claims Becoming More Common
  • Many Bonuses are Not “Wages”
  • CHRO Remedies Hotly Disputed
  • CT FMLA Counts Only CT Employees

Summer 2012

  •  Hostile Workplace Claims Not Limited To Sexual Harassment
  • "Reasonable Efforts" to Find Work Redefined
  • NLRB’s Hartford Office May be Downgraded

Spring 2012

  • Are Courts Getting Soft on Drugs?
  • Jobless Benefit Eligibility Tightens
  • I Have A Headache
  • Free Speech Claims Fail

Winter 2012

  • NLRB Poised to Impose Big Changes
  • Teacher Arbitrations Must Be Public
  • Casual Comments Can Create Lawsuits

Fall 2011

  • Misclassification Feeding Frenzy
  • Personnel Policies and Disclaimers
  • NLRB Polices Personnel Policies

Summer 2011

  • Devil’s In the Details
  • Millions Awarded in Whistleblower Suit
  • How Fast Must a Corrections Officer Run?

Spring 2011

  • Speech Cases Raise Tough Issues
  • Gender and the Job
  • Workplace Shooting

Winter 2011

  • Discrimination Damages Disputed
  • Computer Wars
  • Heart and Hypertension Claims

Fall 2010

  • Badmouthing the Boss
  • Accelerated Rehabilitation
  • Past Practice” Claims

Summer 2010

  • What Constitutes “Wages”?
  • Speak No Evil
  • Child Labor Lawsuit
  • Her Comes GINA!
  • Feds Lean Left

Spring 2010    

  • Cops Beat Rap, Sue City
  • Buyer Beware!
  • Information Overload
  • Now We've Seen Everything!

Winter 2010

  • Technology: More Risk for Employers
  • Free Speech Violation Costs $10M
  • Overtime Exemptions Confusing

Fall 2009

  • When Pigs Fly!
  • State Interference in Private Sector Labor
  • Domestic Violence and Job Protection
  • Internet Policies

Summer 2009

  • New Haven Discrimination Case
  • Health Care Picketing
  • War in New Britain Fire Department
  • Infliction of Emotional Distress

Spring 2009

  • Userra Has Big Teeth
  • Alcoholism: A Disabilty, Not a Defense
  • Supreme Court Restores Promotion
  • Connecticut Law Draws National Attention

Winter 2009

  • 2009 Checklist
  • Supreme Court to Hear New Haven Discrimination Case
  • Employers Can Require Medical Exams         
  • New Economic Realities
  • To Bargain or Not to Bargain

Fall 2008

  • Worker Classification Woes
  • Workers Comp Recipients Smoked
  • Complainers and Whistle-blowers
  • Employer Access to E-mails

Summer 2008

Spring 2008

  • GPS Units and Surveillance Laws
  • Common Non-Compete Provision Overturned
  • Employee Depression Hard on Employers
  • Reasonable Accommodation Expanded

Winter 2008

  • Foxwoods Election May Boost Union Fortunes
  • EEOC Permits Benefits Cuts in Retiree Plans
  • New Rules For Employer Email Systems

Fall 2007

  • Court Approves Giving References
  • CT Unions Win One, Lose One
  • State Dodges Pension Bullet
  • Don’t Destroy Electronic Evidence

Summer 2007

Spring 2007

  • Second Hand Discrimination
  • Garcetti and the Private Sector
  • Email and Union Organizing
  • Public Policy Revisited

Winter 2007

  • Arbitrators Rebuked by Courts
  • Judge Loses Wife's Pension
  • Anti-Bias Laws Don't Apply When Church Selects Priests
  • U.S. Supreme Court Developments

Fall 2006

  • Loose Lips Can Sink Ships, Sometimes
  • NLRB Rulings Affect Non-Union Companies
  • Breadth and Depth of FOIA Explored
  • Federal Jury Awards GE Worker $11M

Summer 2006

  • Job Offer Withdrawn; Lawsuit to Follow
  • Three New Lawyers Added
  • Now We’ve Seen Everything . . .

Spring 2006

  • Off-Duty Misconduct Creates Lively Litigation
  • Courts Act to Protect Employee Benefits
  • Unilateral Change Cases Continue to Confuse

Winter 2006

  • Retirement Reductions Lead to Litigation
  • State Employees Score Wins in Court Cases
  • Workers Comp for Basketball Injury?
  • State Lawmakers Get Employment Protection
  • Orchestra Musicians Can’t Unionize

To search the archives for more Employment Law Letters click here.

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