Does the Age Discrimination in Employment Act (the “ADEA”) apply to all public employers regardless of how many employees they have, or does it only apply to public employers with at least 20 employees? This is the question that was argued at the Supreme Court on October 1, 2018 in Mount Lemmon Fire District v.

Attention to detail makes a big difference when employers are required by law to do specific things.  The failure to meet all the requirements of a statute can result in litigation and potentially costly judgments.  One statute is particularly detailed and requires absolute attention to detail – the Fair Credit Reporting Act.  That law governs

At the same time the Legislature made medicinal marijuana legal in Connecticut, it also passed a statute that addressed the use of medicinal marijuana by employees.  That statute, § 21a-408p, provides that:

  • No employer may refuse to hire or may discharge, penalize, or threaten an employee solely on the basis of their palliative use

On June 27, we issued an alert concerning the decision of the United States Supreme Court in Janus v. AFSCME (June 27, 2018). There, the Court held that mandatory agency fees (also sometimes known as service fees) for public employees violate the First Amendment rights of the affected employees. We wish now to follow up

In a 5-4 decision, the United States Supreme Court today ruled that provisions requiring public employees to pay agency fees violate the First Amendment of the U.S. Constitution. In doing so, the Supreme Court expressly overruled its own 41-year-old precedent.

This closely watched case arose from a challenge by an Illinois public employee to the

On April 25, 2018, a Connecticut state court judge issued a decision giving a more expansive definition to the term “discipline” as it is used in Connecticut General Statutes § 31-51q (“Section 31-51q”). In doing so, the Court departed from the majority of previous state court decisions addressing this issue.

Section 31-51q prohibits an employer

In speaking to job applicants, interviewers need to be circumspect in what they say. There are questions that can be asked, and there are questions that can create real headaches, as well as liability. A recent case demonstrates how comments in an interview ended up in federal court litigation.

A University hired a woman to

If an employee is an at-will employee, he or she is not entitled to any explanation about the reason for the termination.  Nevertheless, when terminating an employee, most employers sensibly provide the employee with a reason for the termination. In any subsequent litigation, the employer will be required to explain the legitimate, non-discriminatory reasons for

Working understaffed is never easy for managers or the rest of the work force. The concern about getting the work done creates pressures on everyone. When an employee seeks an accommodation under the ADA, many questions arise. A recent case demonstrated what can happen when not working with the requesting employee.

A utility company staff

Dan Schwartz will join follow employment and HR bloggers John Hyman (Ohio Employer’s Law Blog), Eric Meyer (The Employer Handbook Blog), Jeff Nowak (FMLA Insights), Robin Shea (Employment & Labor Insider), and Suzanne Lucas (Evil HR Lady) for a one-hour recap of 2017 employment law and HR compliance news. Presenters will also provide practical tips to help employers prepare the workplace for 2018.


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