Featured Articles

The Basics: Sales Representatives' Commissions Governed By Separate Statute

Daniel Schwartz
August 16, 2010 13:13

Continuing our series of posts on some of the basics of employment law, the following is an example of how laws affecting the workplace may not be as obvious as they first appear. Most of the wage payment laws in Connecticut are set up in Title 31 of the Connecticut General Statutes. (Yes, probably...

Research: Employment Discrimination Cases Often Result in Only Small Victories for Some Employees

Daniel Schwartz
August 09, 2010 05:22

At the ABA Annual Meeting in San Francisco on Friday, there was a terrific panel discussion by various researchers who have been looking at discrimination cases brought at both the EEOC and in federal courts.   The program was based on two academic articles over the last few years:...

Facebook Fatigue: How Issues Over Employee Use of Social Media Have Become Mainstream

Daniel Schwartz
July 28, 2010 14:30

Another day, another story about an employee in hot water over Facebook posts.  It's becoming so commonplace that I must admit a bit of Facebook Fatigue on the subject.  I mean, how many stories do we need about an employee who says something that they think is private on Facebook only to...

The Final Word on the National Sexual Harassment Registry

Daniel Schwartz
July 27, 2010 10:39

I had anticipated that my post last week would be my final word on the so-called "National Sexual Harassment Registry". But on Monday, the ABA Journal linked to my articles and conducted an interview with the founder of the registry.  In the interests of fairness, you can read the...

When Everyone Has Their Own Smart Phone, What Does That Mean for the "Workplace"?

Daniel Schwartz
July 21, 2010 15:38

Yesterday, I had the opportunity to speak to a large group at the Connecticut Community Providers Association in Rocky Hill about social media and compliance issues. The Connecticut Community Providers Association represents organizations that provide services and supports for children and adults...

Second Circuit: Repeated Use of "Bitch" May Be Enough to Create Hostile Work Environment

Daniel Schwartz
August 30, 2010 10:02

If you're an employer with an appeal to the Second Circuit, having the EEOC write a brief on behalf of the Plaintiff-employee is not one of those things that portends well for the case. So, when the Second Circuit issued its decision in Pucino v. Verizon Communications (download here), perhaps...

The Basics: What It Takes To File a Employment Discrimination Lawsuit

Daniel Schwartz
July 26, 2010 02:05

Newspapers this week seem enraptured with the idea that an employment discrimination lawsuit is news. It shouldn't be. Why? Because all that a discrimination lawsuit is -- by its fundamental nature -- is a set of allegations against an employer. Nothing more, nothing less. That doesn't mean, of...

Breaking: Connecticut Supreme Court Finds A Bonus Can Constitute "Wages", in the Right Case

Daniel Schwartz
August 23, 2010 19:00

Back in June, the Connecticut Supreme Court issued its decision in Ziotas v. The Reardon Law Firm -- a significant ruling because it found that where a bonus is discretionary and is not ascertainable by applying a formula, it did not constitute "wages".  I talked about the case in a...

The Risks of Using Social Media Sites for Hiring

Daniel Schwartz
September 01, 2010 12:18

The rise in social media sites has provided employers with the opportunity to learn more about the candidates that they are considering hiring than every before. But the problem is that some of the information they may be learning is irrelevant to the job qualifications, or worse, may be improper...

Top 25 Business Law Blog? Only If You Say So

Daniel Schwartz
September 02, 2010 17:27

As I approach the three-year anniversary of this blog (stay tuned for more details), it's certainly touching to receive accolades for this blog.  Each year, LexisNexis “honors a select group of blogs that set the online standard for a given industry.” Amazingly, the Connecticut...