DANIEL B. FITZGERALD is a principal of Brody Wilkinson PC and a member of the firm’s Business & Finance, Dispute Resolution and Probate Litigation Groups. His practice is primarily focused in the areas of employment and human resources law, outside general counsel services and probate litigation. Dan began his legal career as a litigator and continues to litigate select matters for clients. In all matters, Dan endeavors to apply his litigation experience to assess risk and proactively resolve problems for his clients.
In his employment practice, Dan focuses on counseling employers and family offices on all aspects of human resources and employment law and representing executive-level employees in contract and severance negotiations. Dan handles a wide range of employment matters, including executive compensation, non-solicitation and non-compete covenants, employment handbooks, hiring and discharge issues, workplace investigations and state and federal law compliance. In addition, he frequently assists clients in select employment litigation matters.
Dan also provides outside general counsel services to various business clients, including those in the sports, health and fitness, and manufacturing industries. In this role, he assists clients in connection with risk and litigation management, contracts and general business matters, trademark protection, and corporate governance and compliance.
Dan is an avid writer, having created and published, Connecticut Sports Law, a blog covering the intersection of sports and the law. He most recently published an article in Primerus Paradigm entitled “Today’s Use of Social Media Blurs Lines with Non-Solicitation Covenants.” Dan is a Martindale-Hubbell AV-rated attorney. He was recognized by “Connecticut Super Lawyers” as a “Rising Star” in the areas of Employment and Labor, Business/Corporate and Entertainment and Sports from 2009 to 2017. Dan is admitted to practice in Connecticut and the U.S. District Court, District of Connecticut. He is a member of the Connecticut Bar Association and is the former chair of its Sports and Entertainment Law Section. Prior to joining Brody Wilkinson, he practiced at the Connecticut-based law firm of Updike, Kelly & Spellacy, P.C.
Dan received his J.D. from the University of Connecticut School of Law in 2005, where he was an associate editor of the Connecticut Insurance Law Journal. He received his B.A., cum laude, from Fairfield University in 1999, where he currently remains involved by supporting the University’s St. Robert Bellarmine Pre-Law Society.
Sep 3, 24
The Federal Trade Commission’s (FTC) effort to impose a national ban on post-employment non-competition covenants with workers and invalidate existing non-competes has been defeated in federal court. As a result, non-competition covenants remain enforceable, subject to prevailing state law. Legally, employers are not required to take any action with respect to […]
Jul 10, 24
The use of non-competition covenants in employment agreements has been on the ropes for several years, increasingly so after the Federal Trade Commission (FTC) proposed a rule banning such covenants in 2023. The FTC has now issued its final rule in an attempt to deliver a knock-out blow for this […]
May 22, 23
One of the most common questions posed by employees and employers alike, is whether a certain non-competition covenant is enforceable. The answer varies, depending upon the particular language of the covenant, pertinent facts and the scope of the covenant. However, the Federal Trade Commission (FTC) has proposed a rule that […]
Apr 27, 22
On January 1, 2022, significant changes to Connecticut’s family and medical leave statute became effective, providing enhanced benefits to eligible employees who require temporary leave from work. As a result, Connecticut employees may now avail themselves of benefits provided through two separate laws, the “Connecticut Family and Medical Leave […]
Apr 27, 21
As COVID-19 vaccinations become increasingly available to residents of Connecticut, Governor Ned Lamont recently announced that he will be ordering the relaxation of a number of COVID-19 protocols. One such protocol has forced the closure or reduced staffing in office buildings around the State. While the return to full operations […]
Sep 28, 20
The Connecticut Commission on Human Rights and Opportunities (CHRO) recently announced that the deadline for employers to provide its employees with sexual harassment training has been extended from October 1, 2020 to January 1, 2021. This extension applies to all employers and requires no action on the part of Connecticut […]
Apr 14, 20
Employers have been forced to quickly adapt to the changes in the legal landscape triggered by the COVID-19 (“coronavirus”) outbreak. In many cases, employers have been forced to make significant decisions without a full understanding of the legislation and programs that have been enacted in response to coronavirus. Accordingly, it […]
Apr 2, 20
Since its inception thirty years ago, the Americans with Disabilities Act (ADA) has served to protect individuals with disabilities. The original scope of Title III of the ADA prohibited discrimination on the basis of disability in places of public accommodation, such as restaurants, hotels, retail stores, museums and libraries. Today, […]
Mar 17, 20
As everyone is aware, COVID-19 (“coronavirus”) is presenting both employers and employees with unprecedented challenges, inside and outside the workplace. One of the many challenges presented is the speed at which the situation is changing. Less than one week ago, many employers just began grappling with the essential employment law […]
Oct 1, 19
On October 1, 2019, the clock begins to tick on Connecticut’s new training requirements under the “Time’s Up Act” (Public Act No. 19-16 together with Public Act No. 19-93). This law amends Connecticut’s existing workplace discrimination statutes to require employers with 3 or more employees to provide sexual harassment training […]
Feb 11, 19
The termination of an executive’s employment by his or her employer is often accompanied by the offer of a severance package for the departing executive. It is crucial for the executive to fully understand the respective rights and obligations of the parties, both to guide the executive’s subsequent employment search […]
Jan 4, 19
On January 1, 2019, a new Connecticut law takes effect which prohibits employers from asking prospective employees about their past compensation, including salary, wages and the value of any other compensation structure. The new law essentially applies to every employer in Connecticut, as the law defines an “employer” as any […]
May 3, 18
Daniel B. Fitzgerald recently published an article in the 2018 Spring issue of The Primerus Paradigm magazine concerning how activity on social media is affected by non-solicitation covenants. Click on link to open article in pdf
Mar 13, 18
Sexual harassment in the workplace has risen to the forefront of employment issues in recent months amid allegations of misconduct in the sports and entertainment industries, news media and the political arena. For employers, there are lessons to be learned and changes to be made. Small businesses and start-ups in particular face […]
Mar 15, 17
Connecticut has enacted a new statute that limits the scope of non-compete agreements (or covenants not to compete) entered into, amended or renewed on or after July 1, 2016 that restrict the employment of physicians. Covenants not to compete have traditionally been governed by common law. The primary test for the […]
Feb 22, 16
It is often economically advantageous for businesses to utilize independent contractors rather than hiring additional employees. However, in doing so, businesses must be extremely careful not to run afoul of state and federal laws governing the classification of workers. Understanding some basic legal concepts underlying the classification of employees and […]
Feb 20, 15
The decision to terminate an employee is often one of the most difficult decisions that an employer must make. Apart from the inherent personal discomfort that accompanies termination, a minefield of legal issues exists and has the potential to result in contentious litigation. Severance pay, however, can be a valuable […]
Jan 9, 14
Youth sports coaches should take note of a recent Connecticut Superior Court case in which the court considered whether a coach’s motivation tactics, which included berating his players, amounted to an actionable tort. In Civitella v. Pop Warner Football, the father of a Pop Warner football player sued the league and the […]
Jan 9, 14
Connecticut Law has long required employers to allow a current or former employee to inspect his or her employee personnel file “within a reasonable time after receipt of a written request.” This law, however, was amended as of October 1, 2013, imposing considerable burdens upon employers throughout the state. Public Act […]
Nov 27, 12
The Affordable Care Act (The “Act”), signed into law by President Obama on March 23, 2010, was in large part upheld by the U.S. Supreme Court by way of a decision on June 28, 2012. Accordingly, the conversation has shifted from whether the Act is constitutional to how the implementation […]
Nov 1, 11
The recruiting process is a once-in-a-lifetime experience for most student-athletes. College coaches, however, recruit hundreds of players each year. Therefore, it is paramount that student-athletes and their parents are educated on the process, especially when athletic scholarships are involved. A new law will take effect in Connecticut on January 1, […]
