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Category Archives: Human Resources (HR) Compliance

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Joining Connecticut, Paid Sick Leave Now Mandated for Federal Contractors

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

As Connecticut employers of a certain size know, Connecticut implemented Paid Sick Leave recently which affords employees up to five days off a year.   Now, federal contractors (including those in Connecticut) have another layer to deal with. As my colleague Ashley Marshall explains below, paid sick leave will now be a requirement later this… Continue Reading

“Well” Look What We Have Here: EEOC Regulations on Wellness Programs (Part II)

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

Continuing his posts on wellness programs, my colleague Marc Herman fills us in on what’s the latest.   I return today with the second part of a two-part post on wellness programs. Reference to my prior post is not to be braggadocious, but to remind you that both posts ought be read in tandem.  Shameless,… Continue Reading

Well Well: Court Sides with Employer in Latest Wellness Program Battle (Part 1)

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

My colleague Marc Herman returns today to bring back the story of wellness programs and whether they will continue to pass legal muster. In the first post of a two-parter, Marc updates us on some litigation. Read on.   Here’s one for you:  Did you hear the one about the employee that turned down the opportunity… Continue Reading

Guest Post: Getting The Most Out of Employees At Non-Profit Organizations – A “Total Rewards” Strategy

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

As I continue to reflect this week on nine years of blogging, it’s hard to recall that I started this before the Great Recession hit.  Since that time, all businesses have become more cost-conscious and creative in how they are structured and how they compensate their employees.  Non-profit organizations are no exception to that.  But how… Continue Reading

Maybe That Lawsuit Brought By Your Employee Isn’t So Frivolous

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

In yesterday’s post, I talked about some of the reasons why an employee’s lawsuit against his or her employer was destined for failure. But employers, I’m afraid you’re not off the hook that easily. This post is for any employer that just got sued or threatened with suit. Maybe that lawsuit isn’t so frivolous after all…. Continue Reading

Maybe That Discrimination Lawsuit Against Your Employer is Ill-Advised

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

As I approach the ninth anniversary of this blog this week (watch for that anniversary post soon), I’ve gotten a bit more reflective as well.  Some of that is personal circumstances I’ve mentioned before; perhaps some of it is age and experience. And I find myself wanting to speak directly to employees who have brought… Continue Reading

Big Settlement, Big Issues: Sexual Harassment in the Workplace Isn’t Over.

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

$20,000,000.00. That, as they say in the legal parlance, is a crooked number with a LOT of zeros behind it. And that is also the reported amount of settlement between Gretchen Carlson and Fox News over her sexual harassment lawsuit.  Plus an unprecedented apology.  And it doesn’t take into account other cases of harassment that… Continue Reading

How to Avoid Discrimination in Hiring, While Complying with Export Laws

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

My colleagues, Ashley Mendoza and Alfredo Fernandez, return today for a guest post today that shows that employment law issues can sometimes present themselves in different formats.  My thanks to the both of them in presenting a fairly advanced topic in a form that will hopefully be of interest to a few of you out… Continue Reading

Your Employee, Worried About Zika, Has to Travel to Miami. Now What?

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

Your industry’s major conference is set for Miami Beach – the land of sun, beaches, and, now it seems, mosquitoes carrying the Zika virus. Your key sales employee — the one who was setting up your booth for the conference — has come to you expressing concern about the Zika virus.  Perhaps she’s pregnant. Or… Continue Reading

Firing Of Pot-Smoking State Employee Goes Up in Smoke by CT Supreme Court

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

You might think that smoking pot on the job as a state employee would be justifiable grounds to get you fired. A no-brainer, right? (Let’s save a discussion for eating brownies and swearing at your cat for another blog post.) After all, even the Connecticut Supreme Court is stating that the “statutory, regulatory and decisional… Continue Reading

Facebook’s Campus: A Workplace Reality Like Virtually No Other

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

Could this place be real?  Or is it just a Disney World for work?  I mean, people don’t actually get work here, do they? Those were my initial thoughts walking through the campus of Facebook on a recent trip.  It wasn’t the first time I visited — but its a changed world from even six… Continue Reading

Unpaid Volunteers Are Not “Employees”, Says Court

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

The CHRO is no stranger to taking aggressive positions in the court system. So, it can really be no surprise that the agency wanted to expand who is covered by the state’s anti-discrimination laws. But the Connecticut Supreme Court, as it has done before, was having none of it.  The end result of the case… Continue Reading

Sex Harassment in the Workplace: An Uptick in Cases, Awareness or Both?

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

The last few weeks it seems that I’ve been reading about sexual harassment in the workplace issues a lot more. Here are a few examples: Gretchen Carlson sues Fox News’ Roger Ailes. Suit Says Managing Partner Pressured Female Staff for Sex Sexual Harassment Still a Reality in the Workplace Interior chief: ‘Culture’ of sexual harassment… Continue Reading

With Your Social Media Policy, It’s “Live” and “Go” Time

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

Recently, I had the opportunity to revisit a social media policy I had reviewed several years ago.  (Check back to this post from 2008 to see how far we’ve really come.) In doing so, I was reminded — once again — how quickly the tech world is changing and how policies need to continually adapt…. Continue Reading

Settling FLSA Wage & Hour Claims? Court Approval May Be Needed

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

Yesterday, I had the opportunity to talk at the Connecticut Legal Conference about employment law issues. My talk focused on free speech rights in the workplace — a topic I’ve covered well in some prior posts here and here, for example. One of the other topics of our discussion was the Cheeks v. Freeport Pancake… Continue Reading

Volunteers: Can They Really Help Fix Your Issues With New Overtime Rules?

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

Over the weekend, I finished planning for our webinar tomorrow on the new overtime rules.  In digging deeper into the materials produced by the Department of Labor on the final rule, I looked at the use of volunteers as a solution — particularly for non-profit organizations. For the “for-profit” world, this is probably not a realistic option…. Continue Reading

Travel Time: An Added Complication to New Overtime Rules

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

I’m looking forward to “seeing” lots of you at next week’s free webinar we’re having on the new overtime rules and how they impact Connecticut employers. One of the issues that we’ll touch upon is how the new rules are going to add complications for many employers — and particularly non-profits. Take, for example, an… 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

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