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Category Archives: Highlight

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How Long Can You Enforce a Non-Compete Agreement For?

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

Back in June, I talked about the standard that courts will follow in deciding whether or not to enforce a non-compete agreement between an employer and an employee.  (Go read it here first.) But many employers want to know something more straightforward: How long can I make the restrictive covenant in my agreement; in other… Continue Reading

Fantasy Football: A Real and Present Danger to the Workplace?

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

A confession first: I’m in a fantasy football league. Actually two of them.  It’s fun and makes weekend football watching a heck of a lot more interesting. But did you know that fantasy football has led to all sorts of real issues in the workplace? Well, longtime readers may remember an incident from five years… Continue Reading

Restrictive Covenants in Connecticut: Win Some, Lose Some for Employers

Posted in Highlight, Human Resources (HR) Compliance

In the July/August issue of the Connecticut Lawyer magazine, attorney Joseph Blyskal has the first of a two-part article on the state of restrictive covenants in employment agreements in Connecticut.  I’ve talked about this several times before (most recently earlier this summer), but the Connecticut Lawyer article is recommended reading as well (it’s behind a paywall). It’s worth reviewing… Continue Reading

Connecticut Bar Has Trouble with the NLRB’s Curveball on Social Media

Posted in Highlight, Labor Law & NRLB, Social Media

As our big Labor Day weekend kicks off, it seems appropriate to bring back a “labor” topic, particularly when mixed with one of our favorite topics here: Social Media. Today, my colleague Jarad Lucan returns with a case straight out of Connecticut with national implications. As most readers of this blog have read before (here,… Continue Reading

Guest Post: A Law Professor’s — and Mother’s — Perpsective on Race

Posted in Discrimination & Harassment, Highlight

After my first year in law school, I clerked for Professor Kimberly Norwood at Washington University in St. Louis Law School during the summer. (If editing a law review article on statute of limitations is your thing, the experience was nirvana — I even made it to a footnote.)  We’ve kept in touch since then and have… Continue Reading

Seven Deadly Sins of Social Media Employment Screening

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

You just finished interviewing a great candidate for a manager-level position at your company.  She looks great on paper and interviewed well. But you’re wondering: What dark secrets about her loom on Facebook? After all, you did see that tattoo on her arm and she mentioned a fun time at Bonnaroo 2013. “Maybe there are… Continue Reading

A Cold Shower for Workplace Ice Bucket Challenges?

Posted in Highlight, Human Resources (HR) Compliance

Let’s state the obvious first: We’re in favor of anything that raises awareness to the issue of ALS and #icebucketchallenge has done that and more.  And for the record, I did the challenge last weekend, after being suitably doused by my kids. (My friend, Robert Becker, posted a clip from mine here.) But my colleague… Continue Reading

Paper Trail: DOJ Brings Issue of Hiring Documentation to Forefront

Posted in Discrimination & Harassment, Highlight, Human Resources (HR) Compliance, Litigation, Wage & Hour

Late Friday, you might have (ok, I’m sure you did) missed a press release from the United States Department of Justice announcing a settlement with a staffing agency in California. The charge? That a staffing company “discriminated against work-authorized non-U.S. citizens in violation of the Immigration and Nationality Act (INA).” Now, I’m sure you all… Continue Reading

Coping With Mental Disorders: An Employer’s Obligations

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

My colleague, Chris Engler, returns with another stellar post today tying in the news of the week.   Although you may have read a lot about Robin Williams this week, I encourage you to read one more.  As everyone knows by now, comedian and actor Robin Williams passed away on Monday after a long struggle with… Continue Reading

ABA Approves Model Workplace Policy on Employer Responses to Domestic Violence

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

One of the roles that I relish is being a member of the American Bar Assocation’s House of Delegates for several terms now.   The ABA adopts certain policies at its Annual Meeting and uses its bully-pulpit to try to get such policies enacted at the federal, state or local level.At this year’s meeting, which took… Continue Reading

New CHRO Case Statistics Show Big Jump In Claims Filed in Last Year

Posted in CHRO & EEOC, Discrimination & Harassment, Highlight

The Commission on Human Rights and Opportunities released a new set of statistics yesterday (my thanks to CHRO liaison James O’Neill for the update which I had requested a while back).  Unlike years past, the statistics this year show some dramatic changes; those changes should have a significant impact on how employers view the agency… Continue Reading

Do Camp Counselors and Baby Sitters Have to be Paid Minimum Wage?

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

My kids are at overnight camp this week and of course, my brain never stops thinking about cute employment law lessons that can be gleaned from everyday experiences. So, you may wonder: do camp counselors who, after all, spend 24/7 with the kids, have to be paid minimum wage? And what about babysitters that you… Continue Reading

Three Things Employers Can Do Right Now to Ensure Employment Law Compliance

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

While the temperature hasn’t felt like summer in Connecticut the last few days, judging by the traffic this morning, there are lots of you on vacation this week. If you’re one of the (un)lucky ones working this week, perhaps you have a few extra minutes to tackle some projects that have been on the back burner. In… Continue Reading

Shared Work Program Gets a Refresh With New Regulations from Connecticut Department of Labor

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

One of the better programs run by the Connecticut Department of Labor that gets almost zero publicity is the “Shared Work” program.  For employers, it’s a useful tool when you’re dealing with a temporary slowdown in work. I talked about it five (!) years ago in the midst of the recession so I’m not going… Continue Reading

Everything You Need To Know About New Labor & Employment Laws

Posted in Highlight, Laws and Regulations, Legislative Developments

With the dog days of summer firmly upon us, it’s a good time to catch up on some items that you might have put aside. One of those items is reviewing the new Connecticut laws that go into effect (mainly) later this year. Fortunately, my colleagues have prepared a great summary of what transpired at… Continue Reading

Minimum Daily Earnings Guarantee (or Reporting Time) Already a Rule For Some Employers

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

This week, one of Connecticut’s own, Representative Rosa DeLauro introduced the “Schedules That Work Act” bill in Congress.  It would ostensibly help part-time workers secure stable schedules. It would, among other things “ensure employees get two weeks notice about their work schedules, as well as extra pay to compensate for last minute changes”, as summed up by The… Continue Reading

What an Employment Lawyer Can Learn From Minecraft (or Not)

Posted in Highlight, Human Resources (HR) Compliance

Over the last few years, my kids have started to get interested in this “thing” called a blog. “What do you write about?” Um, employment law issues, I’d reply. And then I’d say something about how I talk about things that happen at work. Recently, they asked if I had written about their passion.  (Disappointingly, when… Continue Reading

Accommodating Employees’ Religious Beliefs: A Primer on “Sincerely Held”

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

In the wake of the United States Supreme Court’s ruling in the Hobby Lobby case, holding that the Religious Freedom Restoration Act provides protection to closely held corporations to refuse, for religious reasons, to provide birth control methods and services to employees under the Affordable Care Act’s contraceptive mandate, the issue of accommodating an employee’s religious beliefs has… Continue Reading

The Employment Law Exemption for “Religious Corporations” You Never Knew About

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

Over the past month, after the Supreme Court’s Hobby Lobby decision, much has been made in the press about how it is unprecedented for the court to consider a company’s religious beliefs in making its decisions. The issue of taking into account a corporation’s religious belief in the workplace has been also catapulted to the center of… Continue Reading

EEOC Declines a “Pregnant” Pause; New Guidance Awaits Supreme Court Decision

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

Last week, my colleagues Peter Murphy and Harrison Smith, offered to write about the latest developments in the law regarding pregnancy.  The post was scheduled to come out today, when, much to our surprise, the EEOC yesterday afternoon released long-awaited guidance on the subject. So much for that post! After a quick rewrite last night,… Continue Reading

Married Men with Stay-at-Home Wives Have Negative Attitudes Of Working Women, Study Says

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

Gender bias in the workplace is the subject of hundreds of scholarly articles and even more cases by courts. But a recently-published study looked at whether the working status of a married man affects the man’s attitude of women in the workplace. The conclusion? It’s not pretty. We found that marriage structure has important implications… Continue Reading

Law Tribune’s Editorial on “Downright Coercive” Employment Arbitration Clauses Is Off-Base

Posted in Class Actions, Highlight, Human Resources (HR) Compliance, Litigation

It’s hard to read the Connecticut Law Tribune’s Editorial this week on “The Problem of Workplace Arbitration Clauses” with a straight face. It is dripping with sarcasm, filled with sweeping generalities, and reserves its greatest enmity for employers and the lawyers that represent them. If the editorial is to be believed, employers and their lawyers apparently routinely use “deceptive”… Continue Reading

Telling Employee He Is “Eligible” For Bonus Not Enough to Create Contractual Obligation

Posted in Highlight, Litigation

Back from a long holiday weekend, my colleague Chris Parkin this morning takes a look at a new Connecticut Appellate Court case about employee compensation.   A new case that will be officially released tomorrow reminds employers to take care with their words and promises when it comes to employee compensation. The facts of the case… Continue Reading