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Category Archives: Highlight

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Legislative Update: Bi-weekly Payroll Periods (Without CTDOL Approval) are Here!

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

It’s been a long-time coming but the General Assembly finally approved of a measure that would allow employers to pay employees on a bi-weekly basis without receiving prior CTDOL approval. The provision, part of a set of “technical” revisions to various Department of Labor matters, is long overdue. Several employers had moved to a bi-weekly… Continue Reading

Legislative Update: Modified “Ban the Box” Bill Approved in Connecticut

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

Remember “Ban the Box” and the fair chance employment bill from earlier in the session? Well, it passed last night. Sort of. An amendment to the original bill essentially wiped the prior version clean.  Thus, whatever you think you knew about the measure you can put that aside. What passed last night (House Bill 5237)… Continue Reading

Legislative Update: Payroll Cards Finally Approved in Connecticut

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

Payroll cards are finally here. The General Assembly finished their regular session last night with several employment law bills getting passed, including some that have been kicking around for years. One of them is Senate Bill 211, which authorizes employers to use payroll cards — instead of checks or direct deposit — to pay their employees…. Continue Reading

Legislative Update: Employee Training Required for Hotels, Inns on Human Trafficking

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

Over the next week or so, I’ll be providing updates on various bills to pass (or fail) at the state general assembly.  They’re coming in fast and furious so patience is the order of the day. But as we review various bills, there are employment-related aspects in places that you might not think. The first… Continue Reading

EEOC: Bathroom Access Rights Guaranteed By Title VII

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

Last fall, I raised the issue of bathroom access for employees that corresponds with their gender identity. The issue, however, that seems to get the most press is restroom access. Indeed, we’re now getting federal guidance on how to deal with the issue of restroom access. That remains one of the bigger issues (a proposition up… Continue Reading

Connecticut Businesses Should Exercise Caution on DOL’s New FMLA Guide for Employers

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

Over the years in the employment law “blawgosphere” (isn’t there a better term by now?), I’ve had the pleasure of meeting with and conferring with several other attorneys who blog. One of those is Jeff Nowak, whose FMLA Insights blog has become a go-to place on all things FMLA. So, it was no surprise yesterday… Continue Reading

Thoughts on Connecticut’s Congressional Delegation, Despite Inaction by Congress

Posted in Highlight, Legislative Developments

Last week, as part of my work with the American Bar Association, I had the opportunity to meet with all of Connecticut’s Representatives and Senators in Washington, D.C.  Most were available in person, while I met with senior staff in a few offices. It was a truly rewarding experience. We talked about helping to ensure… Continue Reading

Secret Wisdom from the “Stars” of the Legal Profession

Posted in Highlight, Human Resources (HR) Compliance

Last night, I had the opportunity to attend the Connecticut Bar Association’s awards dinner — titled, “Celebrate with the Stars”. It was a lovely event filled with accolades for some of the state’s best and brightest in the legal profession and beyond. Yeah yeah, I can hear some of you say. Just another lawyers’ dinner…. Continue Reading

EEOC Requesting Information? Be Wary What You Tell Fellow Employees

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

Picture this scenario: You come into your office one morning to learn that an employee has filed a charge of discrimination with the Equal Employment Opportunity Commission (EEOC) claiming that you failed to accommodate his disability reasonably and then terminated his employment because of his disability. As if that isn’t challenging enough, many months afterwards,… Continue Reading

The Rights and Limitations of Associational Discrimination under the ADA

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

While a recent Second Circuit case received lots of headlines regarding its discussion of individual liability under FMLA, the case has some other nuggets for employers to understand, as my colleague Gary Starr explains in today’s post.  Buried in Graziadio v. Culinary Institute of America case is a reference to the fact that the federal appeals… Continue Reading

What’s Cooking at the General Assembly in 2016 (Part II)

Posted in Highlight, Legislative Developments

So last week I provided a recap of a few of the labor & employment law bills still being kicked around the legislature.  From talking with a few folks in on the process, here are some other bills to keep an eye on (whether in this original form or as an amendment to an existing… Continue Reading

What’s Cooking at the General Assembly in 2016 (Part I)

Posted in Highlight, Legislative Developments, Wage & Hour

The 2016 Connecticut General Assembly is about one month from ending its term so it’s a good opportunity to see what bills are still floating out there. I’ll do a bigger recap when we get close to the end of the session but if you have any interest in the bills (and, if you’re an… Continue Reading

New Complaint Highlights Continuing Battle over Pay Disparity by Gender in Sports

Posted in CHRO & EEOC, Class Actions, Discrimination & Harassment, Highlight, Litigation, Wage & Hour

This morning came word that members of the U.S. National Women’s Soccer Team are filing a discrimination complaint against the U.S. Soccer Federation on the grounds that they are paid less than their male counterparts. According to press reports, “the filing, citing figures from the USSF’s 2015 financial report, says that despite the women’s team… Continue Reading

Quick Hits: Persuader Rules, Class Action Lawsuits, Prevailing Party, E-mail Phishing

Posted in CHRO & EEOC, Class Actions, Data Privacy, Discrimination & Harassment, Highlight, Labor Law & NLRB, Laws and Regulations, Wage & Hour

With Opening Day of baseball season nearly upon us, it’s time again to bring back a “Quick Hits” segment to recap a few noteworthy (but not completely post-worthy) employment law items you might have missed recently. The U.S. Department of Labor released the final version of new “persuader” rules which will become effective April 25,… Continue Reading

Individual Employees Can Be Sued For FMLA Violations, Court Rules

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

It’s been a big couple of days for court opinions. Today’s turn: FMLA lawsuits. When we last talked about the FMLA, it was in the context of the fact that sometimes things about the law are bit complicated. Well, if you didn’t like the intricacies of the FMLA before, this new decision isn’t going to… Continue Reading

Connecticut District Court Allows Transgender Discrimination Claim to Proceed Under Title VII & CFEPA

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

In an decision of first impression in Connecticut, a federal court on Friday ruled that a transgender discrimination claim based on a failure to hire can proceed under both Title VII and Connecticut’s counterpart, CFEPA. While the groundbreaking decision in Fabian v. Hospital of Central Connecticut (download here)  is sure to be the subject of… Continue Reading

Independent Contractor Ruling: A Deeper Dive

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

As I return from some time off, my colleagues, Gary Starr and Chris Engler, have dug a bit deeper into the Connecticut Supreme Court decision from last week and issued this alert which we have also sent to clients.  A deeply divided Connecticut Supreme Court recently issued a long-awaited decision, Standard Oil v. Administrator, regarding… Continue Reading

BREAKING: CT Supreme Court Gives Employers Using Independent Contractors A Big Victory

Posted in Featured, Highlight, Litigation, Wage & Hour

Late this morning, the Connecticut Supreme Court released one of its most important decisions on employment law in years. I’ve been talking about it prior posts but its decision is a welcome surprise for employers who feared the worst.  Because I’m out of the office for a few days, I’ve asked my colleague Chris Engler… Continue Reading

Lunch with the Boss Now Protected Concerted Activity?

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

My colleagues Gary Starr and Jarad Lucan return today with a post that we have sent out as client alert, but which may be of interest to readers of the blog as well.  It tackles the subject of protected concerted activity.  (Hint: It may be broader than you think.) Is a non-union employee who speaks… Continue Reading

“Ban the Box” Bill Would Also Protect Felons From Discrimination

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

As the General Assembly session heats up, several legislators are calling for passage of the so-called “Ban the Box” legislation. Versions of this have been floated for years, but one legislator called this year’s bill the “most important bill” to come out of the legislature this year. So, that means that employers ought to keep… Continue Reading

Hostile Work Environment Creator, Equal Opportunity Offender or Something Else?

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

You work for a privately-owned multinational conglomerate with a high-profile CEO who loves Twitter and can’t stop talking. And that CEO, outside of work, has been critical of lots of people. In doing so, however, the CEO has made particular comments about certain women, comments such as: “She wanted to breast pump in front of… Continue Reading

How to Fire Your Employee Without Getting Sued

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

Before I even begin this post, let me advance the disclaimer right off the bat: Despite the title of this post, there is no sure-fire way to fire an employee without getting sued. Indeed, the title is a bit of a misnomer.  It’s often been paraphrased that anyone can sue anyone else for anything at… Continue Reading

Upcoming Programs Touch on NLRB, Public Sector Topics & Documentation

Posted in Highlight

With spring nearly upon us (one can only hope, right?), there are a number of upcoming programs that I’ll be attending or speaking at. Some are free while others are related to the sponsoring entity.  I hope you can attend one and please feel free to come up to me to chat while we’re there…. Continue Reading

Numbers Game? Latest Statistics Show Further Increase in Union Membership in Connecticut

Posted in Highlight, Labor Law & NLRB

The death of unions has been predicted time and again. Each time a new round of statistics come out, we (me included) try to make some sense of it. Just check out some of my posts from the last several years. In 2008: Are Unions Dying Off? Not Yet, Say New U.S. Department of Labor… Continue Reading