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Category Archives: Human Resources (HR) Compliance

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I’ve Got a Secret: Recordings in the Workplace

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

I’ve talked before about the use of recordings in the workplace. But this week, my colleague Jarad Lucan revisits the subject in light of some new decisions and the increasing presence of smartphones in the workplace. It is a safe bet that most if not all of your employees own a mobile or smart phone.  It… Continue Reading

3 Mind-Blowing Tips For Employers About Sexual Harassment From Cosmo

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

I don’t care who you are: Somewhere, in a doctor’s waiting room, or a supermarket checkout line, you’ve seen the headlines of Cosmopolitan magazine. But, as luck would have it as an employment lawyer, imagine my surprise when I saw this headline: “He Did WHAT?! The Cosmo Guide to Surviving Sexual Harassment at Work“. Of… Continue Reading

When Do Volunteers Become “Employees” Under Anti-Discrimination Laws?

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

Having this blog for nearly eight years, it’s fair to say that I’ve covered quite a few topics. But every once in a while, a never-before-discussed issue makes it way to the forefront. Today is one of those days. My colleague, Gary Starr, has a post today about a recent Connecticut Appellate Court decision (CHRO v…. Continue Reading

Consistency in Policy Application Critical for Employers

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

As I talked in yesterday’s post, I moderated a community forum on Religion and the Workplace at my firm. We had a terrific crowd and I’m grateful to all the speakers for making time out of their busy days to come. I have posted on this blog before about some of things we talked about… Continue Reading

“Just Give Me a Reason” Not Enough to Satisfy Just Cause Provision

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

I’m a big P!nk (yes, the exclamation point) fan. One of her most recent hits, is a song “Just Give Me A Reason”. Somehow, reading a new Appellate Court case that will be officially released tomorrow, this song title kept sticking in my brain. The case, Madigan v. Housing Authority of East Hartford (download here), revolves… Continue Reading

Although Unconstitutional, Employment Blue Laws Are Remnant of Old System

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

UPDATED: Since the initial post, the CTDOL website has been updated to reflect a change in the law. The post has been updated to reflect these changes.  With all the talk about religious “freedom” this week in the news and the holidays upon us this weekend, I wish I had something more profound to write… Continue Reading

Nine Tips for New Employees in the Workplace

Posted in Human Resources (HR) Compliance

So, if you’ve been a fan of the blog, you know that I often preach that onboarding (that is, helping new employees get acclimated to the new workplace) is one way to help reduce the risk of lawsuits in the future. After all, a happy employee and an integrated employee, is one that typically doesn’t… Continue Reading

BREAKING: NLRB’s General Counsel Office Issues Important Report On Employer Rules

Posted in Highlight, Human Resources (HR) Compliance, Labor Law & NLRB, Manager & HR Pro’s Resource Center, Social Media

The NLRB’s General Counsel’s office today released a lengthy report “concerning recent employer rule” cases. That sounds generic. It’s not. Rather, the NLRB is now outlining its views on otherwise-neutral employer policies and whether they could be deemed to violate federal labor law.  While part of the report is a recap of existing caselaw, this… Continue Reading

The Legal Ramifications of…. Your Workplace Kitchen?

Posted in Highlight, Human Resources (HR) Compliance

I was listening the other day to one of my favorite podcasts (well, favorite besides Serial) called The Gist.  Mike Pesca, formerly of NPR, spends about 30 minutes each day on topics both big and small. And on a recent podcast, he tackled….wait for it….the workplace kitchen. Turns out there’s another podcast — the Sporkful – which… Continue Reading

Vacation Daze: Leave ‘Em Alone

Posted in Highlight, Human Resources (HR) Compliance

Last week was the first time in the seven year history of this blog that no blog posts were uploaded. Why? Vacation. It’s been a long cold winter and my wife and I were able to corral our kids for some much needed warm-weather rest and relaxation — after a very challenging year. As it turns out,… Continue Reading

Connecticut Law May Force Employer to Transfer Pregnant Employee

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

So, in yesterday’s post, I alerted you to a portion of the state’s pregnancy discrimination law that you may not have been aware of, namely Conn. Gen. Stat. Sec. 46a-60(a)(7)(E).  If you haven’t read it yet, I’d suggest you do so for background for today’s post. But after yesterday’s post, you may be wondering, is this… Continue Reading

The Pregnancy Discrimination Laws You Never Knew About

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

With all the talk about the Supreme Court deciding a pregnancy discrimination case this term and what it means for federal law, there is a separate Connecticut law on the subject — a portion of which you are probably unfamiliar with. Yes, you probably know that if you’re an employer with three or more employees, you can’t… Continue Reading

The Year of Religion and the Workplace

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

The law works in mysterious ways.  (Cue the U2 song.) Some years seem to get dominated by a particular type of issue, even though the law has been around for years. This year, it seems as though issues of religion and the workplace are taking center stage. Yesterday, the U.S. Supreme Court heard arguments in… Continue Reading

Cabbie’s Fear of Dogs Doesn’t Trump Requirement to Allow Service Dogs

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

Back in 2012, I posted about a lawsuit filed by a cab driver who claimed he suffers from cynophobia (a fear of dogs), who was fired after he refused to pick up a blind customer with a service dog.  The cabbie claimed that his termination violated the Americans with Disabilities Act because he has a disability —… Continue Reading

Less May Be More When It Comes To Job References

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

My colleague Chris Engler returns today with a recap of a new case in Connecticut that is of particular interest to employers who provide (or don’t provide) employment references. We have all heard the admonition that “less is more.” In an opinion that will be released next week, the Connecticut Appellate Court reminds us just… Continue Reading

Will “Fifty Shades of Grey” Launch Fifty Hostile Work Environment Claims?

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

Back in May 2012, I wrote this about a book that was making its way around various book clubs that was dubbed by The New York Times as “Mommy Porn”. [H]aving someone read [Fifty Shades of Grey] alone during a lunch break, by itself, is probably not enough to establish a sexual harassment claim. The fact that it… Continue Reading

Three Observations about the New EEOC Statistics

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

The EEOC released its yearly statistics and it’s interesting to put together a story line from the numbers.  Here are three quick observations from my review of the stats: 1) Big Drop in New Cases: Perhaps not surprisingly given the improving economy, the number of new claims filed with the EEOC dropped by nearly 5000 claims,… Continue Reading

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

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

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

What is the Mileage Reimbursement Rate for 2015?

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

For several years, one of the most popular posts on my blog was the one where I listed the mileage reimbursement rate for businesses.  It’s been relatively stable, but this year brings about another small change. In any event, the new rate became effective January 1, 2015. Remember, this is the optional standard mileage rates. These rates… Continue Reading

Workplace Investigator Institute Heading to Connecticut in May 2015

Posted in Human Resources (HR) Compliance

A few years back, I had the opportunity to meet Allison West at a conference out in California.  She runs Employment Practices Specialists and does workplace investigations. (She’s also a terrific speaker and I’d highly recommend you go to a session where she is speaking.) She recently let me know about an Association of Workplace Investigators… 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