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...