I. Developing Policies
A client was exposed to claims alleging sexual harassment of customers by client's employees. The client's insurance premiums increased dramatically. The Client contacted Durant, Nichols for advice on how to respond to the situation. Durant, Nichols developed and implemented a sexual harassment prevention program for the client. The program included establishment of a written sexual harassment policy. All managers and employees were made aware of the policy and Durant, Nichols attorneys trained managers and supervisors in how to properly identify and investigate harassment incidents. Proactive response by client led to reduction in claims and in insurance premiums.
II. Counseling
A client sought confirmation of its decision to terminate an employee due to the employee's medical condition which the employer believed rendered the employee unable to perform essential job duties. Potential issues were identified including the need to engage in interactive process regarding potential reasonable accommodation of physical limitations, employee's FMLA leave rights as well as the possibility of additional rights being established under the employer's own policies. After pinning down the employee's needs through specific physician inquiries drafted by a Durant, Nichols attorney, the client was able to identify and offer the employee an unpaid leave as a reasonable accommodation. When the employee turned down the offer because the leave was unpaid and brought an ADA claim, the client was able to successfully defend by showing documentation of consideration and offer of reasonable accommodation. The former employee's rejection of the unpaid leave was reason for the Court's dismissal of the ADA claim.
III. Department of Labor Audits/Investigations
Recently, an employer faced an audit by the Connecticut Department of Labor claiming that a former employee was due close to $50,000 in unpaid overtime and interest. After discussion with the investigator regarding the former employee's exempt status, the Department of Labor closed their file without requiring the employer to pay a dime.
In another case, an employer faced audits by both the United States Department of Labor and the Connecticut Department of Labor alleging that the Employer owed tens of thousands of dollars in unpaid overtime plus interest and penalties. After submitting a position statement and negotiations with both the U. S. and Connecticut Department of Labor, the Firm was able to convince the investigators that many of the employees for whom they sought overtime pay were exempt from overtime requirements.
