Kelly M. Cardin is a shareholder in the Stamford and New York City offices of Ogletree Deakins. Her practice focuses on representing employers in a wide range of disputes, including those involving discrimination and retaliation claims, wage and hour claims, wrongful discharge claims, and claims under the FMLA. Kelly also represents employers in class action lawsuits, often involving wage and hour issues. Additionally, she maintains a commercial litigation practice, representing companies in breach of contract and trade secret disputes, among others. Kelly has represented clients before the Second Circuit Court of Appeals, in state and federal court, and in arbitration. She also regularly handles agency matters before the Equal Employment Opportunity Commission, the Connecticut Commission on Human Rights and Opportunities, and the Connecticut Department of Labor. Kelly counsels clients with respect to their employee handbooks and personnel policies to ensure compliance with state and federal law. She also conducts workplace investigations and trains employers on best practices, including harassment training. She is admitted to practice in Connecticut, New York, and Massachusetts.
Insights by Kelly M. Cardin
Second Circuit Stamps Out Approval Requirement for FLSA Claims Settled Via Rule 68 Offers of Judgment
On December 6, 2019, the U.S. Court of Appeals for the Second Circuit held in Yu v. Hasaki Restaurant, Inc., No. 17-3388, that judicial approval is not required to settle Fair Labor Standards Act (FLSA) claims via a Federal Rule of Civil Procedure 68(a) offer of judgment.
As we approach the November 2019 elections, New York employers may want to keep in mind the state’s recently amended Election Law, which entitles employees to time off to vote.
Attention, Connecticut employers. October 1, 2019, marks the implementation of two new Connecticut laws. First, Connecticut will begin gradually increasing its minimum wage on October 1, 2019, raising the minimum wage to $11.00 an hour. Second, Connecticut’s Time’s Up Act, which extends sexual harassment training requirements to all employers in the state, also goes into effect. Now is the time to make sure that your policies and procedures are in compliance.
On June 18, 2019, Governor Ned Lamont signed into law Connecticut’s new sexual harassment prevention legislation, known as the Time’s Up Act. The law significantly broadens sexual harassment training requirements, extending them to all employers in the state, and toughens penalties for noncompliance. The law also enhances protections for employees who complain about sexual harassment in the workplace.
As of January 1, 2019, Connecticut employers are prohibited from inquiring about prospective employees’ wage or salary histories.
A Connecticut federal court judge provided further clarification for employers concerning Connecticut’s Palliative Use of Marijuana Act (PUMA).