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Employer’s Affirmative Defense in Sexual Harassment Cases Gets a Trimming by...

Daniel SchwartzIn sexual harassment cases, the U.S. Supreme Court (in what’s known as the Faragher/Ellerth cases) over a decade ago laid out the rules for when an employer could use an "affirmative...

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“Time’s Up” Legislation Passes Judiciary Committee; Will It Pass the Senate?

Earlier this week, the Judiciary Committee (by a 25-16 vote) approved of Senate Bill 132, being labelled by it’s proponents as the “Time’s Up” bill but covers both harassment and discrimination cases....

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Second Circuit = The Avengers? Judges Create Alter Ego Liability

Alter egos are all the rage right now with The Avengers well on its way to becoming one of the most popular movies of all time. Hearing about a new case out of the Second Circuit, it would be easy to...

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Free Speech Statute Creates Affirmative Defense, Court Rules

In last week’s post about an important new free speech case from the Connecticut Superior Court, I highlighted one aspect of the court’s ruling. Today’s post addresses another aspect — though this may...

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Proposed Bill Would Double Damages for Overtime Violations

In one of my very first posts way back in 2007, I said this: For employment lawyers and HR professionals, it’s “old” news that overtime lawsuits are a major concern.  Business Week picks up on that...

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