Daniel Schwartz

Photo of Daniel Schwartz

Dan represents employers in various employment law matters such as employment discrimination, restrictive covenants, human resources, retaliation and whistle blowing, and wage and hour issues. He has extensive trial and litigation experience in both federal and state courts in a variety of areas, including commercial litigation and trade secret enforcement. Dan is the author of the independent Connecticut Employment Law Blog. The blog discusses new and noteworthy events in labor and employment law on a daily basis.

Latest Articles

There are certain expressions in the employment law world that don’t make much sense.   Call them: Employment Law Oxymorons. At least for me, hearing an employer ask what they should do about their “1099 Employees” is one of them. Let’s back up one step: Employees are paid wages and as such, they get issued a W-2 tax form at the end of the year. Independent contractors are paid fees and as such, they should be…
Spring is just around the corner. For some, that means spring cleaning. For employers, there is always something to clean up, it seems.  But one law that is sometimes overlooked by Connecticut employers is Conn. Gen. Stat. 31-71f. This law requires that every employer, at the time of hiring, tell employees: What his or her rate of pay will be; What hours the employee will be expected to work; and, How often the employee…
Readers of the blog will no doubt know that it’s been far too long since I had Nina Pirrotti on the blog for a conversation about employment law topics. Excuses abound, but Nina — who mainly represents individuals in employment-related disputes — recently penned a piece for the Connecticut Law Tribune that is too good to let more time pass. So, knowing still that titling a piece a “Dialogue” while just offering up a link
The Connecticut Commission on Human Rights and Opportunity (CHRO) was sued yesterday by its longtime (and former) Regional Manager Pekah Wallace.  The federal lawsuit claims her employment termination was improper and provides a whole host of information about what has been going on behind the scenes at the agency. You can download the complaint here.   (As with all new lawsuits, my standard warning applies — these are allegations in a complaint, not a determination from…
On March 6, 2019, Shipman & Goodwin attorney Dan Schwartz presented to the next group of startups chosen to participate in the Accelerator for Biosciences in Connecticut, or ABCT.  ABCT is a Branford-based program spearheaded by Design Technologies LLC, which supports Connecticut’s aim of being a bioscience hub. It’s an exciting time for new businesses in Connecticut like those chosen to participate in the program. But employment law issues are often an after-thought for startups;…
Later today, I’ll be speaking to the next group of startups chosen to participate in the Accelerator for Biosciences in Connecticut, or ABCT.  ABCT is a Branford-based program spearheaded by Design Technologies LLC, which supports Connecticut’s aim of being a bioscience hub. It’s an exciting time for new businesses in Connecticut like those chosen to participate in the program. But employment law issues are often an after-thought for startups.  They shouldn’t be. I’ll be talking…
Sometime soon, your e-mail inboxes are going to be bombarded from attorneys telling you that you need to pay attention NOW to new overtime rules by the U.S. Department of Labor.  ROFL.   At least based on what we know now, it’s best taking a lesson from my teenagers and ignoring the messages and hype (and all the text abbreviations too.)  SMH.  Late last week, Bloomberg news reported that the DOL is considering changing the rules…
It seems likely that some type of paid Family and Medical Leave (otherwise known as “Paid FMLA”) bill is going to pass the General Assembly. CBIA recently posted about the pitfalls that await employers with passage with one CBIA staff testifying that “small businesses are terrified of this proposal.”   But the “paid” aspect of the bill is only one part. I’m not going to cover that in this post, but there are plenty of resources
Back last fall, we anticipated that this legislative session would be a busy one and so far, the number of bills being considered by the Connecticut General Assembly for employers is substantial. One of the bills that is receiving a fair amount of attention is one limiting employer use of so-called “captive audiences.” Senate Bills 64 and 440 are this year’s versions and would limit employers from being able to talk to their employees about…
Employers who want to (or need to) use independent contractors often scratch their heads at a disconnect – how do you determine who is an independent contractor?  I recall at one speaking engagement years ago, an employer who came up to me and asked: “So are you saying that there are TWO tests to determining if someone is an independent contractor?” Yes, that’s exactly what I was saying. The Connecticut Department of Labor and the…