Connecticut Employment Law Blog Insight on Labor & Employment Developments for Connecticut Businesses

Category Archives: Highlight

Subscribe to Highlight RSS Feed

Can You Love Employment Law and Love Valentine’s Day?

Posted in Discrimination & Harassment, Highlight, Human Resources (HR) Compliance, Manager & HR Pro’s Resource Center

For years, I’ve been “warning” about the upcoming holiday of Valentine’s Day. Back in 2011, I recapped several cases where employees’ inappropriate behavior on this day of love, led to lawsuits. Apparently, there were some people who didn’t read the blog, because just a few years after that, I recapped a few more cases where… Continue Reading

Independent Contractors: Can You Still Use Them?

Posted in Highlight, Human Resources (HR) Compliance, Laws and Regulations, Wage & Hour

A while back, I got this question: Can we still use independent contractors for our business? This answer is certainly yes. But you wouldn’t know it from all the headlines of late. And you wouldn’t think so by the attacks on the use of independent contractors by government agencies.  Take this quote from the U.S…. Continue Reading

Can You Fire An Employee Who Has Exhausted FMLA Leave?

Posted in CHRO & EEOC, Discrimination & Harassment, Highlight, Human Resources (HR) Compliance, Laws and Regulations

An employee of yours goes out on medical leave. Suppose that you only have to abide by the federal FMLA law.  After 12 weeks, the employee is still out. Can you simply fire the employee? Well, the U.S. Department of Labor says “yes”.  Sort of. As part of a Q&A on the subject, the DOL… Continue Reading

EEOC Pushes to Expand Title VII’s Reach to Sexual Orientation Claims

Posted in CHRO & EEOC, Discrimination & Harassment, Highlight, Laws and Regulations

When you’ve been blogging as long as Jon Hyman (of Ohio Employer’s Law Blog) and I have, your minds seem to work in a similar fashion. For a few days, I’ve been working on a draft of a blog post about the EEOC’s goal of expanding Title VII’s reach to include sexual orientation discrimination claims. … Continue Reading

Ch-Ch-Changes? Mandatory Fees for Public Employees At Issue Before the Supreme Court

Posted in Class Actions, Highlight, Labor Law & NLRB, Litigation

First things first. My favorite David Bowie song is “Heroes” (though I remember really being struck by its use in the 2001 movie, Moulin Rouge). But the Bowie song that comes to mind today for various reasons is “Changes” and how it ties into another big story of the day — an oral argument before… Continue Reading

What’s Ahead in 2016 For Employment Law? Probably Not As Much As You Think

Posted in Highlight, Human Resources (HR) Compliance

Ah, predictions. Way back at the start of 2015, I made a series of predictions regarding employment law in the then-upcoming year. Not a lot of them occurred in exactly the same way I predicted. Sure, I talked about changes to the CHRO’s procedures, but my prediction regarding a Connecticut Supreme Court free speech case… Continue Reading

Social Media in the 2010s: A Force Awakens

Posted in Data Privacy, Featured, Highlight, Social Media

Today, cross-posted on the LXBN site, I reflected on the biggest legal developments of the first half of the decade.  I am reposting it here, but my sincere thanks to Lexblog for the support it has given me over the past 8 1/2 years and for the opportunity to provide some insight on its site…. Continue Reading

Watch the Employer Deductions — Except for One Special Case

Posted in Highlight, Human Resources (HR) Compliance, Laws and Regulations, Wage & Hour

Connecticut has pretty strict rules that employers must follow if they want to take deductions off of an employee’s salary.  Typically, an employer must seek CTDOL approval for all sorts of deductions, which I covered back in a 2012 post. But what happens if an employer makes a mistake on a paycheck and overpays an… Continue Reading

New Year, New Minimum Wage in Connecticut

Posted in Highlight, Human Resources (HR) Compliance, Laws and Regulations, Wage & Hour

For yet another year, Connecticut’s minimum wage is on the increase. Effective January 1, 2016, the Connecticut minimum wage will be raised to $9.60 per hour effective January 1, 2016. Although the federal minimum wage is $7.25, Connecticut employers must pay the higher rate under state law. The updated wage and hour law poster, including… Continue Reading

CHRO Referee Dismisses Complaint After Defendant Was Added Too Late

Posted in CHRO & EEOC, Discrimination & Harassment, Highlight

One of the rules in employment discrimination cases that seems to have blurred of late is the notion that a complaint of discrimination must be filed within 180 days after the alleged discrimination. A new decision from Presiding Human Rights Referee at the CHRO (CHRO ex rel. Roig v. State of Conn., Department of Correction… Continue Reading

Tis the Season for Good Party Planning

Posted in Discrimination & Harassment, Highlight, Human Resources (HR) Compliance, Manager & HR Pro’s Resource Center, Wage & Hour

It’s mostly a coincidence that my colleague, Jarad Lucan returns today with a post on a favorite topic of ours: Holiday parties.  While most of it isn’t groundbreaking (holiday parties haven’t changed all that much over the last decade), Jarad really focuses in on the key issues. So, enjoy your holiday parties over the next… Continue Reading

Win Some, Lose Some: Drug Testing Statutes Tricky to Navigate

Posted in Highlight, Human Resources (HR) Compliance, Litigation, Manager & HR Pro’s Resource Center

Connecticut’s drug testing statutes applicable to employers have always been a bit tricky to follow.  I covered the basics of these laws back in 2010 (you’ve been reading that long, right?). For job applicants, employers must follow certain rules. Once an applicant becomes an employee, a new set of more stringent rules apply. But to… Continue Reading

Anonymous Threats in Workplace Don’t Give Employers Free Pass to Ignore

Posted in Discrimination & Harassment, Highlight, Human Resources (HR) Compliance, Litigation, Manager & HR Pro’s Resource Center

As I return from an extended absence for the Thanksgiving holiday, my colleagues Gary Starr and Gabe Jiran share this alert about anonymous threats in the workplace based on a recent Circuit Court decision.  Employee complaints based on anonymous harassment pose special problems for employers.  How do you uncover the source of the problem when… Continue Reading

Data Privacy & Human Resources: A Match Made for a Seminar

Posted in Data Privacy, Highlight, Manager & HR Pro’s Resource Center

I’m pleased to announce an upcoming program that my firm, Shipman & Goodwin and the Connecticut State Council of SHRM are producing next month and that I’ve been planning for several months. The program, entitled “Data Privacy & Human Resources” will be a unique endeavor for us.  First, we are planning on doing it in… Continue Reading

Employees Participating in Court Proceedings May Have Protection

Posted in Highlight, Human Resources (HR) Compliance, Laws and Regulations, Wage & Hour

My colleague, Jarad Lucan (who just won a New Leader of the Law award from the Connecticut Law Tribune!) returns today with a post about the protections employees who testify in court may have.  Most employers (at least those employers that read this blog on a regular basis) know that it is illegal to subject… Continue Reading

Everything Else from the ABA Labor & Employment Conference You Missed

Posted in CHRO & EEOC, Discrimination & Harassment, Highlight

I admit it. Misleading headline. It won’t be EVERYTHING else. But….there were a few other nuggets from the ABA Labor & Employment Annual Conference last week that are worth sharing. For prior posts on the subject, go here and here. At one of the programs, an EEOC attorney suggested that no re-hire clauses in separation… Continue Reading

What is “Actionable” for Harassment Claims To Succeed

Posted in Discrimination & Harassment, Highlight

As I continue recapping various sessions from the ABA Labor & Employment Law Annual Conference last week in Philadelphia, it’s time to turn to what makes claims “actionable” under today’s harassment laws. In other words, is the single use of an offensive word such as the “n-word” enough to survive a motion to dismiss or… Continue Reading

USDOL Final Revisions to White Collar Exemptions Coming in 2016

Posted in Highlight, Human Resources (HR) Compliance, Laws and Regulations, Wage & Hour

Over the next few days, I hope to provide a few updates from attending last week’s ABA Labor & Employment Law Annual Conference in Philadelphia.  There were many good, substantive programs there and lots to be gleaned for employers. One of the sessions focused on the proposed revisions to the white collar overtime exemptions that… Continue Reading

Frightened by Employment Law? Just Think About “Naughty Nurses”

Posted in Discrimination & Harassment, Highlight

It’s that time of year again. When employees dress up in inappropriate outfits and engage in general stupidity. I am speaking, of course, about Halloween. Don’t believe me? I’ve got several blog posts to prove it. For example, in prior years, I’ve warned you to be on the lookout for “Naughty Nurses”.  Yes, somewhere out… Continue Reading

Employer Strikes Out; Facebook Likes Protected by NLRA, Says Second Circuit

Posted in Highlight, Human Resources (HR) Compliance, Labor Law & NLRB, Manager & HR Pro’s Resource Center

On Friday, at my firm’s annual Labor & Employment Law seminar, I’ll be talking about the NLRB and Employee Handbooks with my colleague, Chris Engler.  Among the topics we had planned to discuss was the ongoing Triple Play Sports Bar & Grille case that I had previously posted about here and here. So of course… Continue Reading

When Employee Models for Playgirl, Harassment May Be “Because of Sex”

Posted in Discrimination & Harassment, Highlight, Litigation

Late last month, a federal court in Connecticut took another look at the prohibition of discrimination “because of sex” with a case that has all the elements of a “can you believe it” fact-pattern that will surely be used for harassment training going forward. The case involves a male employee posed for Playgirl nearly two decades… Continue Reading

You’re Fired! What Back to the Future Can Still Teach Us About the Workplace

Posted in Highlight, Human Resources (HR) Compliance

Confession: Back to the Future is my favorite movie (though ask me in two months and I’ll probably say it’s actually Star Wars — employment lawyer’s prerogative). So, how could I let “Back to the Future” day pass without an employment law-related post! For those (strange) people who don’t know what I’m talking about —… Continue Reading