Tag: Second Circuit

‘Unable to Socialize’ Doesn’t Necessarily Mean ‘Unable to Work’

by Jonathan C. Sterling If an employee whose job involves talking on the phone and using a computer states under oath that he is unable to perform those tasks because of a disability, it’s logical to assume he can’t do his job. However, as a recent federal appellate court decision demonstrates, that may not always […]

Salesperson Not Subject to Administrative Exemption from Overtime Pay

by Jonathan C. Sterling Because one of the most difficult tasks HR professionals face is determining whether their employees are exempt, each time a decision is issued on the topic by an appeals court, it’s worth noting and taking guidance from. The latest decision from the Second Circuit relates to the administrative exemption, which applies […]

Supreme Court Rules in Favor of Firefighters in Reverse Discrimination Case

Today, the U.S. Supreme Court released its decision in Ricci v. DeStefano, the high-profile discrimination case involving firefighters employed by the city of New Haven, Connecticut. In a 5-4 decision, the Court reversed the Second U.S. Circuit Court of Appeals’ decision in favor of New Haven. Essentially, the Supreme Court said the city improperly threw […]

The Ins and Outs of the Interview

by Amy M. McLaughlin The Second U.S. Circuit Court of Appeals recently determined that a job applicant presented enough disputed information for his age discrimination case to be submitted to a jury, rather than dismissed. The applicant claimed that the individuals who interviewed him had an age bias against him and preferred the younger applicants. […]