Successfully defending businesses and individuals in employment discrimination disputes is one of the specialties of veteran business litigator Jonathan B. Orleans of the Bridgeport office of Pullman & Comley. As it turns out, early on in his career, it was a pro bono case he handled for a nonprofit, not one that was business-related, that would prove the most useful to him in tackling future discrimination litigation cases.
That case was defending the Stewart B. McKinney Foundation”™s right to establish a two-family residence in Fairfield for homeless individuals with HIV/AIDS.
As a young attorney with Zeldes, Needle & Cooper P.C., Orleans played a pivotal role in obtaining an injunction under the federal Fair Housing Act in favor of the foundation”™s right to use the residence as it intended. Fairfield”™s zoning commission had denied permission to McKinney and required it to apply for a special exception for the property.
“I felt passionate about the case and jumped on it,” recalled Orleans. “Back then in the late 1980s and early 1990s there was a great deal of fear and lack of knowledge about the causes and treatment of AIDS.
“In bringing this civil rights suit on behalf of McKinney against the zoning commission, we argued that the town”™s action was a form of discrimination.” The plaintiff legal team won the preliminary argument heard before U.S. District Court Judge Ellen Burns. “It”™s a significant case because we established the idea that individuals with AIDs should not be treated any differently by the government than those with other types of disabilities when they want to live together in a residence as a family.”
The McKinney victory was one of a few defining moments that came early in Orleans”™ distinguished career. His first step was the decision to get a job in the business world before going to law school, something that he highly recommends for young people who are contemplating a career in the law. “One should have some understanding of the real world and what it”™s like to earn a living before studying the law,” he said.
Orleans spent three years in a variety of work and volunteer activities, including a job in a music store where he learned about sales and made guitar repairs. He was also a part-time day care teacher and was active in a community action agency. He found this life experience very useful before going to New York University Law School.
Another key event was his good fortune in clerking for M. Joseph Blumenfeld, senior U.S. District judge in Hartford. “He was almost 80 years old and I learned so much from him because he had seen it all and had shared it with me.”
Since 2006, Orleans has been selected to the Connecticut Super Lawyers list in the areas of labor and employment law, one of several honors and awards he has won in a career spanning nearly 30 years. He has represented businesses and individuals in disputes arising from noncompetition and nonsolicitation agreements, employment contracts and other commercial agreements. He has also handled cases arising under federal and state antidiscrimination statutes, ERISA, the Fair Labor Standards Act, the Connecticut Uniform Trade Secrets and the Connecticut Unfair Trade Practices Act.
Among the emerging hot issues in employment litigation that Orleans sees is the use of social media in the work place. It is an issue because employees have rights under labor law to communicate with each other and they are using social media to complain about conditions in the work place.
Another issue is whether employees are being properly classified exempt or nonexempt. “Typically, exempt means that the employee is in management and does not qualify for overtime pay for working more than 40 hours per week,” he said. “Over the last five years, we have seen a lot of cases relating to this issue.”
One of the most notable cases he cited was the federal Department of Labor”™s investigation of retail giant Walmart, which concluded the company”™s more than 4,500 vision center managers and asset protection coordinators were misclassified and owed $4.8 million in back wages for overtime
For the past seven years, he and his firm have represented a bank in a multidistrict consolidated class action antitrust suit challenging fees charged to merchants who accept credit and debit cards for payment. “I have found this to be a very fascinating case in as I have gained a wealth of information about credit and debit cards that were created to benefit everyone ””consumers, merchants and the credit care issuers.”
The courts are not the only place where merchants are hoping to seek relief. “Just drive up to a gas station that offers a lower price for pumping gas if you pay cash. That”™s the most visible example of a merchant attempting to hold on to some of those fees.”
Winners Circle is a regular feature that takes a look at successful women in business and at top attorneys, men and women, in the region. To nominate someone, contact Bill Fallon at bfallon@westfairinc.com.
