On March 11, 2019, the Second Circuit Court of Appeals vacated and remanded in part a district court decision dismissing plaintiff's amended complaint for failure to state a claim. The Court concluded that the district court erred in its determinations as a matter of law regarding the plaintiff's...
The Connecticut Legislature appears likely to pass a paid Family and Medical Leave bill. Senate Bill No. 1 and House Bill 5003 have passed the Committee on Labor and Public Employees and have been referred to the Office of Legislative Research and Office of Fiscal Analysis. The bill, if passed,...
Rose Kallor, LLP is pleased to announce that Partner Cindy Cieslak has just been awarded a Professional Excellence Award “New Leader in the Law” by Connecticut Law Tribune. Winners of the 2019 Connecticut Legal Awards have been determined through a panel review of submissions sent in from attorn...
On March 14, 2019, Attorney Cindy Cieslak will participate in a panel discussion, along with Commission on Human Rights and Opportunities Deputy Director Cheryl Sharp, regarding “Diversity in the Workplace: Is Meeting the Legal Requirements Enough?” The panelists expect to cover important topics,...
On February 19, 2019, the U.S. Supreme Court denied Kathrine McKee's petition for a writ of certiorari in McKee v. Cosby. In connection with that denial, Justice Clarence Thomas urged the U.S. Supreme Court to reconsider the Court's decision in New York Times Co. v. Sullivan, 376 U.S. 254 (1964)...
On February 22, 2019, the Equal Employment Opportunity Commission (EEOC) published proposed rule changes that would, inter alia, clarify the process for deferral to state and local agencies and update “no cause” determination procedures. Proposed Updates Regarding Deferrals to State and Local Ag...
Effective January 1, 2019, Connecticut law provides job applicants the following new protections: (1) employers may not ask prospective employees about past wages and compensation histories at any point during the hiring process, although prospective employees may choose to volunteer such informa...
In 2016, Massachusetts residents voted in favor of a ballot initiative to legalize the recreational use of marijuana. This initiative will be effectuated on November 20, 2018 (today), when retail shops begin to sell marijuana in Massachusetts. These are the first legal retail stores for recreatio...
On November 6, 2018, in a unanimous 8-0 decision, the United States Supreme Court affirmed the judgment of the Ninth Circuit Court of Appeals in Mount Lemmon Fire District v. Guido, that the term “employer” under the Age Discrimination in Employment Act (ADEA) as an entity that employs more 20 or...
Rose Kallor, LLP is pleased to announce that it has received Tier 1, Tier 2 and Tier 3 Rankings in the 2019 Edition of U.S. News – Best Lawyers list of “Best Law Firms.” Firms included in the 2019 Edition of “Best Law Firms” are recognized for professional excellence with consistently impressive ...
The Young Lawyers Section of the Connecticut Bar Association is hosting a Horn of Plenty Food Drive to benefit those struggling with hunger. All donations will benefit the local food banks in the Foodshare and Connecticut Food Bank networks. Rose Kallor, LLP is serving as a drop off location for ...
Rose Kallor, LLP is pleased to announce that Michael J. Rose and Robin B. Kallor have been selected to the 2018 Connecticut Super Lawyers list, and Cindy M. Cieslak has been selected to the 2018 Connecticut Rising Stars list. Mr. Rose was selected to the Connecticut Super Lawyers list in the Empl...
On February 28, 2018, the Connecticut Superior Court entered judgment for the employer on plaintiff's claims of termination in violation of public policy and breach of the implied covenant of good faith and fair dealing in Richard v. Para-Pharm. Then, on July 13, 2018, the Connecticut Superior C...
On July 24, 2018, the Connecticut Supreme Court affirmed a superior court decision concluding that the City of Milford's zoning enforcement officer lack authority to regulate certain signs on a homeowner's property under Conn. Gen. Stat. § 8-2 in Kutcha v. Arisian, 329 Conn. 530 (2018), docket no...
In 1998, the Supreme Court, in Oubre v. Energy Operations, opined that when a release agreement did not contain language necessary under the Older Workers' Benefit Protection Act in order to waive a federal age discrimination claim, the doctrine of “tender back” and “ratification” does not apply....
On May 16, 2018, the U.S. Court of Appeals for the Second Circuit reversed the District Court's dismissal in Montero v. City of Yonkers, holding that a police officer's union speech was protected under the First Amendment of the U.S. Constitution because his speech was not “part and parcel of his...
On May 21, 2018, the U.S. Supreme Court held in Epic Systems Corp. v. Lewis, a 5-4 decision, that an agreement for individualized arbitration of legal claims stemming from an employment relationship does not violate Section 7 of the National Labor Relations Act (NLRA) which protects concerted emp...
On March 16, 2018, the Connecticut Superior Court granted summary judgment for the City of Middletown on plaintiff's race and national origin discrimination claims in Ulyses Alvarez v. City of Middletown. Factual Background: Plaintiff, a former probationary police officer for the City of Middleto...
Following the U.S. Supreme Court's decision in Young v. UPS, it is well-known that pregnancy discrimination is prohibited by federal anti-discrimination laws because it constitutes discrimination on the basis of sex. Additionally, under federal law, employers must make accommodations for pregnant...
In response to the tornado of sexual harassment allegations against prominent figures, there continues to be much discussion over whether confidential settlements of sexual harassment claims should be enforceable. It is not unusual for settlement agreements in employment cases (not solely those w...
In 2010, the DOL identified a six-factor test to address whether an unpaid intern is an employee under the FLSA, which virtually made compliance impossible: 1. The internship, even though it includes actual operation of the facilities of the employer, is similar to training which would be given i...