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Category Archives: Highlight

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One Big Thing For Employers to Know About the New Overtime Rule

Posted in Highlight, Laws and Regulations, Wage & Hour

Are you tired of lawyers commenting already on the new overtime rules? (The answer should be no, of course, since you’re reading this blog and thus have room for one more view.) But I think it’s fair to say that we haven’t seen a feeding frenzy like this on employment law in many, many years. … Continue Reading

Final Overtime Rule Released; Challenges Ahead for Connecticut Employers

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

If you like to open your presents on Christmas Eve, the U.S. Department of Labor is for you. Last night, the DOL posted the final revised rule on overtime on its website ahead of its planned announcement this afternoon. What a gift for employment lawyers!  Needless to say, I was up late unwrapping all my “gifts.”… Continue Reading

Three Things to Look For In Final Overtime Regulations

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

Late Monday, several reports on Twitter indicated that the Department of Labor would be announcing and releasing the final version of the revisions to the white-collar overtime regulations.  You can see my prior posts on the subject here and here. This has been a long time coming. It was way back in 2014 (!) that… Continue Reading

President Signs New Federal Trade Secrets Act; Added Protection for Employers

Posted in Highlight, Laws and Regulations

Yesterday, President Obama signed the Defend Trade Secrets Act — a broad federal law designed to give companies added protection.  It does not circumvent state law — indeed, where a state law is more protective of the trade secret, it still applies. Nevertheless, it provides a base level of uniformity nationwide. My colleagues, Pat Fahey… Continue Reading

Major Modifications to Immigration Programs May Cause Major Headaches

Posted in Highlight, Laws and Regulations

Today, I’m delighted to bring you what I hope will be the first of several updates for employers from the immigration law perspective.  One of my newest colleagues, Ashley Mendoza, along with my law partner Brenda Eckert, have been tracking some of the newest rules for employers coming out of the Department of Homeland Security. … Continue Reading

EEOC Releases Guidance on Employer-Provided Leave Under ADA

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

So, back in January, I penned a post titled “Can You Fire an Employee Who Has Exhausted FMLA Leave?” As if to respond, the EEOC yesterday released guidance that basically answers: Not necessarily, because it might violate the Americans with Disabilities Act.  And that is the crux of the issue for employers. Before I go… Continue Reading

Legislative Update: New Non-Compete Restrictions for Physicians

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

Continuing my review of new employment-related bills is a measure that limits the use of non-compete agreements for doctors. Anyone who tracks bills knows that the name on the bill sometimes doesn’t match the content. Senate Bill 351 entitled “AN ACT CONCERNING MATTERS AFFECTING PHYSICIANS AND HOSPITALS” is a good case in point. Seems innocuous… Continue Reading

Legislative Update: CTFMLA Expands to Cover Military Qualifying Exigencies

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

UPDATED Continuing to recap various employment law bills out of the Connecticut General Assembly, the legislature passed a measure Wednesday night that brings Connecticut’s FMLA law more in line with the federal counterpart. The federal FMLA was amended back in 2008 (prior post on the subject here) to provide coverage for any “qualifying exigency” arising out… Continue Reading

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