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

Category Archives: Highlight

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Ten (+4 More) People to Follow on Twitter for Labor and Employment Law

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

Since the last time I published a list of labor & employment law lawyers to follow back in 2012, there are just a bunch of you out there now using Twitter. (And I presume you’re already following me @danielschwartz, right?) So, it’s probably time to update my list of labor & employment law-related people to… Continue Reading

Could Telecommuting Be Deemed a “Reasonable Accommodation” Under the ADA?

Posted in CHRO & EEOC, Discrimination & Harassment, Highlight, Wage & Hour

My colleague, Gabe Jiran, (go read his impressive background here, I’ll wait) recently gave a presentation on telecommuting and I asked Gabe to share his thoughts on a notable topic that came up for discussion there.  Thus, in this post, Gabe discusses whether telecommuting could be a “reasonable accommodation.” With today’s technology, employees seem to… Continue Reading

Gleaning Employment Law Lessons From Connecticut’s Double Championships

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

I’ll first acknowledge the obvious: UConn’s national championships in both men’s and women’s basketball is a weak excuse for a post on employment law topics. And yet, that hasn’t stopped me before. (See 2009, 2011, etc.) For Kevin Ollie, the victory provides a nice financial bonus to him.  How do I know this? Because Ollie… Continue Reading

Will “Microaggressions” Make Their Way Into Employment Discrimination Cases? Have They Already?

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

Over the last few months, I’ve seen an increasing number of articles start highlighting an issue that has been percolating at college campuses: The theory of “Microaggression”. Not familiar with the term? The New York Times has recently written about the term become the “word du jour”: A tone-deaf inquiry into an Asian-American’s ethnic origin…. Continue Reading

SOX Stake Claim in Winning … a Whistleblower Protection Case (Revisited)

Posted in Highlight, Litigation, Wage & Hour

It’s Baseball Season; a time for the Sox to come out and play. Not the Red Sox — this is, after all, a legal blog (run by a Yankees fan, no less).  No, today, we’re talking about Sarbanes-Oxley (SOX) Whistleblower Protection. Still with us.  My colleague, Clarisse Thomas, has taken a look back at the U.S…. Continue Reading

Final Four Madness: Preparation Still Matters To Win On (or In) The Court

Posted in Discrimination & Harassment, Highlight, Litigation

Over the weekend, I asked my colleague, Chris Engler, to think of any employment law lessons that could be divined from the victories of the UConn Men’s Basketball team.  He reminds us in the post below that preparation still matters.  Of course, this isn’t the first time this blog has written about the UConn Huskies (see… Continue Reading

The New New Minimum Wage in Connecticut

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

In short order, Connecticut has just jumped to the front of the line when it comes to increasing the minimum wage. On Wednesday, March 26th, the General Assembly passed an increase to the minimum wage in Connecticut. This will amend the previous increases that had been negotiated last year and raises the minimum wage past… Continue Reading

Another March Madness: What Yesterday’s Decision Really Means For Student Athletes

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

Late yesterday, Twitter lit up with news that collegiate student athletes are really “employees”.  But beyond the headline, my colleague Jarad Lucan explains what REALLY happened in plain English. Suffice to say, even though it’s March Madness, you might not want to bet on that result just yet. Many of you may remember a few… Continue Reading

Spiderweb Delivery? Is One Year Enough for a Leave of Absence for a Disabled Employee?

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

You have a disabled employee out of leave for 180 days.  Your policy says that employees may be terminated after the end of 180 days. So, on day 181, can you fire the employee? Today, my colleague Christopher Parkin tackles that difficult question in a recent ADA case brought by the EEOC against a very big… Continue Reading

Up is Down and Outside is Inside? With FMLA, Not Quite Common Sense

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

Today, my colleague Christopher Engler, takes a crack at explaining what happens with FMLA leave when an employee takes works at another job while on FMLA leave.  As Chris explains, not everything about the statute is “common sense.”  Picture this: In one scenario, a maintenance worker takes an FMLA leave for “mental distress” but continues to deliver oil… Continue Reading

Background Check Documentation (Printed and Online) Under Renewed Scrutiny

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

If you’re like most employers that do background checks, you probably haven’t thought twice about the documentation you use for it. Perhaps you’ve copied some standard language you’ve found off the Internet (not that there is anything necessarily wrong with that), or maybe you’ve just used a form that has been handed down from one… Continue Reading

Got a “Secret”? Firewalls Are Not Stopping Spread Of Social Media

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

If it seems that there are more social media apps out there than ever before, you’re not going crazy.  No longer do employers just have to worry about Facebook. Rather, a whole host of sites has popped up leading to new headaches and challenges for employers. I’ve talked about this before, but Law360 published a… Continue Reading

Public Sector Focus: The Perils, Again, of Arbitration and “Just Cause” Dismissals

Posted in Highlight, Labor Law & NRLB

We’re just a few weeks away from my firm’s Public Sector legal update.  (If you haven’t signed up yet, do so now because it’s getting close to capacity!) So it seems appropriate to bring up a sore point for some: Arbitration Decisions That Leave You Scratching Your Head. Today, I’ve asked my colleagues Saranne Murray… Continue Reading

What Happens At Home When Your Employee Takes FMLA Leave in Vegas?

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

Are you willing to bet that your FMLA practices are in compliance with the law? One company recently found out that not all trips to Las Vegas are created equal.  My colleague, Peter Murphy, has this post today that reminds employers that FMLA leave can come in all shapes and sizes. Although the case arises… Continue Reading

An Early Look at the Legislative Session: “Low Wage Employers”, Unemployment Discrimination

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

The snow may have stalled work in the state for a few days, but the Connecticut General Assembly is now in full swing with bills now being discussed and debated. So far, the list of bills filed before the Labor & Public Employee Committee is small but that is expected to grow soon with bills on… Continue Reading

EEOC’s Lawsuit Challenging CVS Separation Agreements Is a Big Deal

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

My good friend, Jon Hyman of the Ohio Employer’s Law Blog, probably said it best this morning: I try to shy away from hyperbole, but OH MY GOD, THIS CASE COULD BE RUINOUS!!! Yeah, pretty much. So, if you — like me — have been tied up with day-to-day affairs for a bit, or thinking how tomorrow’s snowstorm… Continue Reading

Get it Right the First Time: Drafting Contracts with Precision (Revisited)

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

Rather than tell you the result of a new Connecticut Supreme Court case first, let’s play along with the facts at home first.Here they are: The plaintiff was hired as a laboratory manager by the defendant in February, 2006. On February 2, 2006, the plaintiff and [the defendant’s principal] signed a document that included the… Continue Reading

Dazed and Confused About Medical Marijuana in the Workplace? Dude, It’s Just Starting

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

The news this week that Connecticut has given its approval to four medical marijuana growers in Simsbury, West Haven, Portland, and Watertown, inches the state that much closer to full implementation of the medical marijuana law that was passed in 2012. The state also reported that over 1600 individuals in Connecticut have been certified by… Continue Reading

Donning, Doffing and “Changing Clothes”: Supreme Court Says When Employees Get Paid

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

Raise your hand if you know what “Donning and Doffing” is? To those that have raised your hand, you are most likely: a) an employment lawyer; b) a Scrabble nerd; or c) not being honest with yourself. It’s just not a phrase anyone uses in real life — like a “snood” (I’ll get to the… Continue Reading

Legislative Preview: Will the CHRO Bill Get Passed This Year?

Posted in CHRO & EEOC, Highlight, Legislative Developments

The short session of the Connecticut General Assembly is set to begin on February 5, 2014. But the jockeying for items to get on the agenda is well under way. The Connecticut Commission on Human Rights and Opportunities is circulating a proposed bill that would followup on a failed bill from last year’s term. I previously… Continue Reading

Why A-Rod Will Strikeout on His Appeal and What Employers Can Learn

Posted in Class Actions, Highlight, Human Resources (HR) Compliance, Labor Law & NRLB, Litigation

Readers of this blog will no doubt notice (in posts here, here, here and here, for example) that my passion for employment law is matched only by my love of the New York Yankees.  (I leave to others to debate whether that is a character flaw; Red Sox fans need not chime in, however.) The story over the… Continue Reading

Recipe for Disaster: Who Owns Your Work-Related Social Media Accounts?

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

With all that was going on with the holidays, my colleague Peter Murphy reminds us that ownership of work-related social media is not an issue to take lightly.  Why? Well, let Peter take the story from there…. Back in May, Dan posted some very helpful advice to employers about ownership of work-related social media accounts. … Continue Reading

Remember that NLRB Notice? “Never Mind”

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

Readers of a certain vintage, will remember Gilda Radner’s character Emily Litella who often said “Never Mind”.  (If you’ve never heard of Gilda Ratner or this, then I’ll pause while you watch this classic video.)  Readers of a later vintage will think of Nirvana’s “Nevermind”. If you just want the dictionary definition, here it is. My… Continue Reading

Upcoming Presentations on Investigations and Notable Court Decisions Impacting Human Resources

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

With all the weather changes in Connecticut over the last few days, I’m reminded of Mark Twain’s quote: “If you don’t like the weather in New England now, just wait a few minutes.”But life still goes on in New England and I’ve got two upcoming presentations to mention. This Wednesday, I have the privilege of speaking to… Continue Reading