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

Category Archives: Highlight

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BLIZZARD! Wage and Hour Reminders for Employers on Winter Storm

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

Well, it’s official.  Connecticut is under a Blizzard Warning as of Sunday afternoon. This is, of course, nothing new for employers in the state. We’ve had more than our fair share of big “monster” storms. If you’ve been following this blog for some time, you’ll have read more than your share of blog posts about… Continue Reading

Use of Marijuana On Duty Still Justifies Termination, Says Court

Posted in Highlight

With all the talk about the state’s implementation of medical marijuana laws, it’s easy to wonder what impact those laws will have on terminating employees who use marijuana on the job. One recent Superior Court decision gave a pretty clear answer for state employees: None.  In other words, for employers: Fire Away. That, of course, simplifies… Continue Reading

Updated Paid Sick Leave Guidance and Poster Issued by Connecticut Department of Labor

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

Somewhat quietly (at least to me), the Connecticut Department of Labor has issued updated guidance regarding compliance with the state’s Paid Sick Leave law. But employers who have been following the developments in this area — namely the changes to the law by the legislature — won’t be surprised much by the minor changes that… Continue Reading

Name that Party When Represented by Counsel, Says the Court

Posted in CHRO & EEOC, Highlight, Litigation

What’s in a name? To a recent Superior Court decision, everything. But only if you have been represented by counsel. Confused? Let’s backup for a second. A prerequisite to filing a discrimination claim in state court is that the employee file the same claim before the Commission on Human Rights and Opportunities.  This includes, in… Continue Reading

Since You Asked: A Modest Wage & Hour Law Proposal

Posted in Highlight, Human Resources (HR) Compliance, Legislative Developments, Wage & Hour

Yesterday on Twitter, a Connecticut legislator posted this: “There oughta be a law…!” Hey Connecticut, legislators have 5 days to submit ideas for bills. What new laws should the #CTLeg consider? — Matt Lesser (@MattLesser) January 12, 2015 State Representative Matt Lesser, be careful what you ask for. But since you asked, here’s a modest… Continue Reading

A Look Ahead: Three (More) Bold Predictions in Connecticut Employment Law in 2015

Posted in CHRO & EEOC, Discrimination & Harassment, Highlight, Laws and Regulations, Legislative Developments, Litigation, Wage & Hour

Having tackled the predictions in employment law on a federal level, what does the future hold for employers in Connecticut? Besides a debate on Family & Medical Leave Insurance, there are a few things we’re likely to see. 1. New bills at the General Assembly: The first one comes courtesy of Mara Lee over at… Continue Reading

A Look Ahead: Connecticut’s Minimum Wage Rockets Upward

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

On New Year’s Day, I had the opportunity to launch model rockets with my son on a gorgeous (but very cold) day. As it turns out, it was also a windy day.  We discovered this through launching two rockets super high — only to see them carried away deep into the woods a mile away…. Continue Reading

A Look Ahead: Three Bold Predictions in Employment Law for 2015

Posted in CHRO & EEOC, Highlight, Human Resources (HR) Compliance, Labor Law & NLRB, Laws and Regulations

Every year, I break out a crystal ball, or a magic 8-ball, or some tea leaves, and make some pronouncement about what will happen in the upcoming year. It’s sort of a no-lose proposition. If I’m right, well, then I pat myself on the back. If I’m wrong, well, it’s just an educated guess. So,… Continue Reading

A Look Ahead: Paid Family & Medical Leave Insurance Program

Posted in Highlight, Human Resources (HR) Compliance, Legislative Developments, Wage & Hour

With 2014 coming to a close, it’s time to look ahead at some of the issues that we’re likely to see discussed in 2015. One such issue is a Paid Family & Medical Leave Insurance Program in Connecticut.  The origins of this come from a 2013 special act which created a task force to study the… Continue Reading

Connecticut Court: Perceived Disability Claims May Proceed Under State Law

Posted in CHRO & EEOC, Discrimination & Harassment, Highlight, Human Resources (HR) Compliance, Litigation

My colleague, Jarad Lucan, returns today with a post discussing a new Connecticut Supreme Court case that has expanded the state’s anti-discrimination laws when it comes to disability claims.  When Congress enacted the Americans With Disabilities Act (ADA), it recognized that fears, misperceptions, and stereotypes about disabled individuals are so pervasive that employment discrimination reaches… Continue Reading

NLRB and the “Purple” Crayon: NLRB Rewrites Its Decision on Employer E-mail

Posted in Highlight, Human Resources (HR) Compliance, Labor Law & NLRB, Litigation

The NLRB, right now, is union-friendly. We know it. Employers know it. Politicians know it. The unions know it. It’s stacked 3-2 with Democrat appointees so the NLRB taking its training wheels off and is doing what it has always done. It has shifted its decisions based on the politics. Yesterday represented just the latest… Continue Reading

The “Association” Game: How a Spouse’s Cancer May be Covered by the ADA

Posted in CHRO & EEOC, Discrimination & Harassment, Highlight, Human Resources (HR) Compliance, Laws and Regulations, Manager & HR Pro’s Resource Center

Last week, we talked about an employer’s obligations when it comes to an employee who has cancer. But what about an employee’s spouse? Does the employer have any legal obligations there? Let’s start first with a story: Jake and his supervisor, Alex, have had a great working relationship but lately, things seems to have changed. At least… Continue Reading

Who Needs Santa? All I Want for Christmas is a Visit From OSHA

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

My colleague, Marc Herman, returns today with a holiday-themed post filled with — workplace safety issues? Read on. Holiday season shopping . . . the home to nostalgic tunes, perpetual lines, frenzied bargain hunters, overflowing parking lots, and OSHA. For those who can’t remember your government acronyms, it’s the United States Department of Labor’s Occupational Safety and… Continue Reading

Supreme Court: Employees Need Not Be Paid For Post-Shift Security Checks

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

When the U.S. Supreme Court rules on an issue in a 9-0 fashion — with a decision penned by Justice Thomas, no less — you can fairly conclude that the issue is not all that difficult. Indeed, the SCOTUSBlog summed up the employment law decision today pretty succinctly: Workers who are required to stay after their… Continue Reading

Court: Breach of Anti-Harassment Policy in Company Handbook — Titled “Employee Agreement” — Can Be a Viable Claim Without Disclaimer

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

I’ve talked many times before about the importance of a well-drafted disclaimer in your employee handbook (here and here, for example). This is not a new thing and in Connecticut dates back to an important case back in 1995 . Without such disclaimers, employers can be subject to a breach of contract claim by your employees. Yesterday, a… Continue Reading

Cancer and the Workplace: Tips for Employers

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

Hope you all had a wonderful Thanksgiving weekend. Last week, I shared my family’s personal story about how cancer has impacted us.  With that in mind, I thought I would share a few tips for employers.  Even if you don’t presently have an issue with an employee, it’s worth familiarizing yourself with some of the… Continue Reading

A Thanksgiving to Remember: When Cancer Strikes

Posted in Featured, Highlight

The moment when you learn your wife has cancer gets imprinted on your brain in a hurry. At least for me, it did. That happened back in February of this year.  I haven’t talked about it on the blog yet for several reasons including that my wife is much more private online than I am. But she… Continue Reading

Reflections on Early Labor Relations & Anniversaries

Posted in Highlight, Labor Law & NLRB

As I take some extended time off from the office, frequent guest poster Chris Engler takes a look back at some of the earliest background on labor history. Because I majored in history in college, I’m a firm believer that understanding history is of great benefit when planning for the future. Autumn is in many… Continue Reading

Background Check Settlements Still Costing Employers Big Dollars

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

My colleague Peter Murphy and I have been talking a lot about background checks lately.  It’s easier than ever to run a basic Internet search on someone, but what information do you find? And are there any limts? Today, Peter talks about two recent settlements of background check claims against employers. Both cost the employers… Continue Reading

Willful Misconduct and Unemployment Compensation: The Quiz (Part 2)

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

In yesterday’s post, my colleague Chris Engler discussed the “wilful” misconduct standard and how it applies when your employee is otherwise eligible to receive unemployment compensation. Today, Chris returns and has a quick quiz to review some recent cases of how this standard has been applied. So, you think you know what the “wilful” misconduct… Continue Reading

“Wilful” Misconduct and Unemployment Compensation: What Is It? (Part 1)

Posted in Highlight, Laws and Regulations

My colleague, Chris Engler, is back today with post getting into the ins and outs of the willful misconduct standard at the Connecticut Department of Labor. Last week, we had a senior CTDOL official speak to our Labor & Employment seminar about this and other pressing topics of interest to employers.  The bottom line: When… Continue Reading

The Surprising Answer on Whether Employees Can Record Your Workplace Conversation

Posted in Data Privacy, Highlight

On Friday, I talked to over 150 attendees of our Labor & Employment seminar about workplace surveillance and monitoring. Some of the discussion focused on whether employers can do the recording; but what about employees? This is not some theoretical question. More and more employees are recording conversations at their workplaces on smartphones, according to recent… Continue Reading

Guest Post: When “Disruptive” Technology Hits Your Workplace, What Then?

Posted in Data Privacy, Highlight, Human Resources (HR) Compliance, Social Media

Today, I’m pleased to highlight a guest post from Steven Scheinberg, the General Counsel of the Anti-Defamation League. I’ve known Steven for several years and was very happy when he offered to share his thoughts on this important topic.  Steve actually practiced at a prominent plaintiff’s employment law firm in Connecticut many years ago now so… Continue Reading

Your Company’s Wellness Program May Violate The Law, Says the EEOC

Posted in CHRO & EEOC, Highlight, Human Resources (HR) Compliance

I’ve talked about wellness programs from time to time here on the blog.  Robin Shea, on her great blog, first brought this up back in August. But since then, there are some new developments from the EEOC that employers should keep an eye out on.  Today, my colleague Marc Herman joins us for the first time to… Continue Reading