Labor and Employment Law

Decision

Cutler v. Stop & Shop Supermarket Co. LLC

  •      
    • Subscription Required

If employment action that allegedly qualifies as adverse employment action takes place prior to "retaliation," a worker may not be able to prove employment retaliation.

Decision

Commissioner of Labor v. Oracle America Inc.

  •      
    • Subscription Required

Absent proof that an employer transferred an employee to a non-commission position, an employer may be responsible to pay the employee performance-based commission wages.

Decision

Vera v. Waterbury Hospital

  •      
    • Subscription Required

A reasonable jury could not find that a worker who is gay was discharged because of sexual orientation, if supervisors offered to help with his application for medical leave, held open his job 78 days, even though he did not file the application, and asked that he return.

Decision

Parete v. The Stop & Shop Supermarket LLC

  •      
    • Subscription Required

An informal, oral complaint to a supervisor may not qualify as a "protected activity" under the Fair Labor Standards Act.

Decision

Mashantucket Pequot Gaming Enterprise v. Christison

  •      
    • Subscription Required

Even if an employee previously received "outstanding" job performance reviews, the Board of Review may lack authority to reinstate the worker, if the worker continued to violate company policy after receipt of written warnings.

Decision

Meucci v. City of Hartford

  •      
    • Subscription Required

An employer's refusal to build a wheelchair ramp to permit a worker to access her work area, in the event that an elevator does not work, may constitute a failure to accommodate, even if the employer permits the worker to telecommute.

Decision

Adams v. Festival Fun Parks LLC

  •      
    • Subscription Required

Allegations that a co-worker called the plaintiff "stupid," asked, "What the heck is wrong with you?" and said, "Get down on your knees," may be insufficient to prove a prima facie case of hostile-work environment.

Decision

Sheetz v. Town of Windham

  •      
    • Subscription Required

When the phrase "normal retirement date" in a collective bargaining contract is susceptible to differing interpretations, summary judgment may not be appropriate.

Decision

Schenarts v. Norwalk [Cove] Marina

  •      
    • Subscription Required

Except in the event of a bona fide occupational qualification or need, an employer may not discriminate on the basis of an employee's physical disability.

Decision

Local 1336, Amalgamated Transit, Union, AFL-CIO v. First Student Inc.

  •      
    • Subscription Required

An individual who is hired as a trainee may not be entitled to a wage increase that is granted to non-trainees, pursuant to a collective bargaining contract.