The Equal Employment Opportunity Commission, like most federal agencies, is typically thought of as an enforcement agency, and nothing more. However, the EEOC also has a wide-ranging training program that it rolls out to various cities across the country "to help employers understand, prevent and correct discrimination in the workplace." These seminars, which fall within… Continue Reading
Monthly Archives: June 2008
No Day Like Today: Safe-Harbor Provision Expires Today for In-House Counsel
Posted in Human Resources (HR) Compliance, Laws and RegulationsUp until recently, in-house counsel at Connecticut companies could provide advice to their company without necessarily being admitted to practice law in Connecticut. Well, I shouldn’t say that they "could" but until new in-house counsel rules were passed last year, there was a next-to-nothing likelihood that in-house counsel were going to be prosecuted for unauthorized practice… Continue Reading
Amendments to ADA Now Likely This Year; Bill Passes House and Goes On to U.S. Senate
Posted in Discrimination & Harassment, Legislative DevelopmentsNearly eight months ago, I asked the question: Will the Americans with Disabilities Act Be Amended? At that point, I indicated that an ADA Restoration Act Bill of 2007 was not yet a "hot topic" but as election season heated up, we could see some action on some proposed amendments. There have been some followup posts both in… Continue Reading
New Advisory Board and Joint Enforcement Commission To Be Established on Employee Misclassification
Posted in Laws and Regulations, Legislative Developments, Wage & HourThis week, I’ve highlighted some new state laws that affect the employment law arena. This next one (Public Act 08-156) creates a new joint commission and new advisory board in Connecticut to deal with the issue of employee misclassification. For employers, this new structure means that it is more likely that enforcement of misclassification laws (in… Continue Reading
Kentucky Shooting a Reminder to Employers to Remain On Guard for Workplace Violence
Posted in Human Resources (HR) ComplianceToday’s shooting at a Kentucky plastics plant that killed five people is yet another reminder that employers need to continue to be vigilant in preventing workplace violence. This year marked the 10-year-anniversary of one of the most infamous workplace violence incidents in Connecticut — the shooting at the Connecticut Lottery headquarters. As I indicated in a… Continue Reading
Protecting the Confidentiality of Social Security Numbers – New Requirements for Employers and Businesses
Posted in Human Resources (HR) Compliance, Laws and Regulations, Legislative Developments, Wage & HourUPDATED 12/8/08 to correct cap on penalty amount to $500,000 With all the focus this year on minimum wage, 15-year-olds in the workplace, and the like, other less-publicized bills in Connecticut still haven’t received much attention. In an earlier post, I noted that I would update readers on them when the dust settles. One of… Continue Reading
A Note on Clarifications and Updating Blog Posts
Posted in UncategorizedOver the last few weeks, you may have noticed that a few of the entries have received minor "updates" or "clarifications". As this blog has developed, I’ve been trying to figure out the best way to handle very brief updates or clarifications. While I haven’t had to address outright corrections, I anticipate similar methods to… Continue Reading
IRS Updates Mileage Rate for 2008 to 58.5 Cents Per Mile, Effective July 1, 2008
Posted in Human Resources (HR) ComplianceWith gas prices rising, it’s no surprise that the IRS issued a statement yesterday adjusting the standard business mileage rate for 2008 is 58.5 cents per mile. The new rate for business miles is 8 cents higher than it was for the first six months of 2008, which I had noted in an earlier post. The IRS posted the… Continue Reading
Holding Down the Fort: CHRO Appoints New Acting Executive Director and Advisory Group Report Expected Soon
Posted in CHRO & EEOCUpdated 6/25 to add additional information. It’s been several months since I last updated readers on the ups and downs of the CHRO, the state agency responsible for overseeing discrimination complaints in Connecticut. And for the last several months longtime employee Raymond Pech filled in as Executive Director without getting the sorts of headlines that… Continue Reading
General Assembly Overrides Veto on Connecticut Minimum Wage Law
Posted in Laws and Regulations, Legislative DevelopmentsThe Connecticut Senate voted late today to override the veto of the minimum wage bill that was sent to Gov. Rell last month. The vote was 25-9 in the Senate. The vote completes the override process of the minimum wage bill that I discussed here earlier today. Thus, effective January 1, 2009, the minimum wage… Continue Reading
Update: Conn. House Overrides Veto in Minimum Wage
Posted in Legislative DevelopmentsOne down, one to go. The Connecticut House voted this afternoon to override Gov. Rell’s veto of the minimum wage bill. The bill now moves to the Senate this afternoon for immediate consideration. For a text of the bill under the consideration, you can view the bill here. As I’ve noted in earlier posts, if… Continue Reading
The “Tiger Effect” On Workplace Productivity – Computer Usage & Monitoring Policies and Strategies
Posted in Human Resources (HR) ComplianceOver the weekend, while reviewing e-mail and watching the Greater Hartford Open (sorry, the "Travelers Championship"), I came across a post about the "Tiger Effect". We all know how popular Tiger Woods is for tournaments and television ratings, but last week’s U.S. Open playoff set some records as well: Computer usage and internet traffic spiked in the… Continue Reading
General Assembly to Vote on Override of Veto of Minimum Wage Bill
Posted in Legislative DevelopmentsToday, the Connecticut General Assembly goes back for a special session today to try to override Gov. Rell’s veto of a bill that would raise the minimum wage to $8.00/hour, effective January 1, 2009. The Hartford Courant has a prediction on what will happen: "It depends on who shows up." With vacation season in full… Continue Reading
Big Day at U.S. Supreme Court for Labor & Employment and ERISA Cases
Posted in CHRO & EEOC, Discrimination & Harassment, LitigationA very big day in labor & employment law and ERISA cases at the U.S. Supreme Court this morning I’ll post more detailed updates as warranted (and when time allows), but for now, here are the brief highlights (H/T ScotusBlog) . In Meacham v. Knolls Atomic Power Laboratory (06-1505), the court was asked to decide, in an… Continue Reading
Connecticut Supreme Court: Retroactive Agreement Between Employer and Employee to Defer Accrued Wages Violates Public Policy
Posted in Laws and Regulations, Litigation, Wage & HourThe Connecticut Supreme Court today ruled (in a decision that will be "officially released" on June 24, 2008) that an agreement between an employer and his employees to defer an employee’s past wages until the employer receives revenue sufficient to pay those wages, is contrary to public policy , therefore, an invalid defense in a… Continue Reading
A Comparison of Connecticut Laws Regarding 14- and 15-Year Olds and Federal Law
Posted in Laws and RegulationsAs I reported a few weeks ago, 14- and 15-year-olds can legally work again in limited capacities in Connecticut. (Summer camp counselors are on the list.) But how does state law compare to federal law? Turns out the Office of Legislative Research has already done the research. OLR recently posted the results of their research… Continue Reading
Followup on Amara v. CIGNA – Court Proposes Broad Relief, then Stays Judgment Noting Uncertainty in the ERSIA Law
Posted in LitigationA few months ago, I reported on the District Court’s decision in Amara v. CIGNA, an important class-action case on ERISA retirement benefits and on alleged misrepresentations made by the Company about retirement benefits. Over the last few months, then, the court was asked to consider the issue of what is appropriate relief from the decision. … Continue Reading
Second Circuit Allows Employer to Throw Out Test Results That May Have Had Disparate Impact On African-Americans
Posted in Discrimination & Harassment, Laws and Regulations, LitigationEd: Updated to reflect newer posts and correct style There are many employment lawyers who subscribe to the belief that "No Good Deed Goes Unpunished". A case out of Connecticut and the Second Circuit this month certainly won’t change that perception. Indeed, although the case may have political undertones, it sets up a classic factual… Continue Reading
Quick Updates: Ethics Case, Minimum Wage, NASCAR lawsuit, OWBPA and “Decisional Units”
Posted in Laws and Regulations, Legislative Developments, LitigationJust time enough for some short updates on various posts from the last few weeks. You may recall a few weeks ago that the Governor vetoed a bill which would have increased the minimum wage in Connecticut to $8/hour in January 2009. While there has been talk of a possible override session, it’s difficult to get the… Continue Reading
Attorneys Fees in Discrimination Cases: What Rate Can an Employee/Plaintiff’s Attorney Recover?
Posted in Discrimination & HarassmentIn discrimination cases, when a plaintiff (which is a fancy legal term for employee) wins he or she is often entitled to have the defendant (typically the employer) pay his or her attorneys’ fees. There are lots of cases out there that discuss formulas for such fees . But the basic assumption that some employers… Continue Reading
Further Updates on E-Verify and the Executive Order to Implement It for All Federal Contractors
Posted in Human Resources (HR) Compliance, Laws and RegulationsSince my original post on the subject of Executive Order 12989 yesterday (and the sweeping effects it will have for all federal contractors), others have also added their comments to the subject. Among some of the notable posts: The brand-new Florida Employment Law Blog (run by my former colleague Richard Tuschman — congrats, Richard!) predicts negative… Continue Reading
Stereotyping Companies: Some Lawsuits Just Seem More Believable Than Others
Posted in Discrimination & Harassment, Human Resources (HR) ComplianceHere’s an unsettling thought: Some lawsuits against employers just seem more believable than others. I’m unsettled by that thought because it suggests that there are built-in stereotypes with companies. And, working in the employment law area, we all strive to ensure that stereotyping of employees becomes a thing of a past and that employers judge… Continue Reading
Government Contractors Ordered to Use E-Verify to Confirm Employment Eligibility of Newly Hired Employees
Posted in Human Resources (HR) Compliance, Laws and RegulationsMost people think that changes to the laws or the way companies conduct business can only happen through the legislative changes. But an Executive Order effective this week reminds us of the power of Executive Branch. Effective immediately, all federal contractors must now agree to use E-Verify, an Internet-based system operated by U.S. government, to electronically verify… Continue Reading
The Fight over Paid Sick Leave Bill Is Not Over…Or Is It?
Posted in Legislative DevelopmentsIs the fight over the Paid Sick Leave bill still on? That’s the tantalizing question raised by the CT News Junkie on Tuesday, due in part to various rallies being held. The answer seems a little clearer, but I’ll get to that in a moment…. Let me back up.. As you may recall, the General… Continue Reading
About Daniel Schwartz
Trusted advisor. Experienced employment law attorney. Bar leader. Award-winning author. Noted Speaker. "Legal Rebel". All can be said to be apt descriptions of Daniel Schwartz, a member of Pullman & Comley. More +
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