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

Category Archives: Human Resources (HR) Compliance

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Restrictive Covenants in Connecticut: Win Some, Lose Some for Employers

Posted in Highlight, Human Resources (HR) Compliance

In the July/August issue of the Connecticut Lawyer magazine, attorney Joseph Blyskal has the first of a two-part article on the state of restrictive covenants in employment agreements in Connecticut.  I’ve talked about this several times before (most recently earlier this summer), but the Connecticut Lawyer article is recommended reading as well (it’s behind a paywall). It’s worth reviewing… Continue Reading

Seven Deadly Sins of Social Media Employment Screening

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

You just finished interviewing a great candidate for a manager-level position at your company.  She looks great on paper and interviewed well. But you’re wondering: What dark secrets about her loom on Facebook? After all, you did see that tattoo on her arm and she mentioned a fun time at Bonnaroo 2013. “Maybe there are… Continue Reading

A Cold Shower for Workplace Ice Bucket Challenges?

Posted in Highlight, Human Resources (HR) Compliance

Let’s state the obvious first: We’re in favor of anything that raises awareness to the issue of ALS and #icebucketchallenge has done that and more.  And for the record, I did the challenge last weekend, after being suitably doused by my kids. (My friend, Robert Becker, posted a clip from mine here.) But my colleague… Continue Reading

Save the Date: “Raiders of the Data Ark” Is a Blockbuster Coming Soon

Posted in Data Privacy, Human Resources (HR) Compliance

First off, I should let you know that I am a poor substitute for Harrison Ford. But, don’t let that dissuade you from saving October 16th as the date for a terrific conference that I’m helping to plan.  The title is “Raiders of the Data Ark” and the subject is “2014 Data Privacy & Cyber… Continue Reading

Paper Trail: DOJ Brings Issue of Hiring Documentation to Forefront

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

Late Friday, you might have (ok, I’m sure you did) missed a press release from the United States Department of Justice announcing a settlement with a staffing agency in California. The charge? That a staffing company “discriminated against work-authorized non-U.S. citizens in violation of the Immigration and Nationality Act (INA).” Now, I’m sure you all… Continue Reading

Coping With Mental Disorders: An Employer’s Obligations

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

My colleague, Chris Engler, returns with another stellar post today tying in the news of the week.   Although you may have read a lot about Robin Williams this week, I encourage you to read one more.  As everyone knows by now, comedian and actor Robin Williams passed away on Monday after a long struggle with… Continue Reading

ABA Approves Model Workplace Policy on Employer Responses to Domestic Violence

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

One of the roles that I relish is being a member of the American Bar Assocation’s House of Delegates for several terms now.   The ABA adopts certain policies at its Annual Meeting and uses its bully-pulpit to try to get such policies enacted at the federal, state or local level.At this year’s meeting, which took… Continue Reading

Do Camp Counselors and Baby Sitters Have to be Paid Minimum Wage?

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

My kids are at overnight camp this week and of course, my brain never stops thinking about cute employment law lessons that can be gleaned from everyday experiences. So, you may wonder: do camp counselors who, after all, spend 24/7 with the kids, have to be paid minimum wage? And what about babysitters that you… Continue Reading

Three Things Employers Can Do Right Now to Ensure Employment Law Compliance

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

While the temperature hasn’t felt like summer in Connecticut the last few days, judging by the traffic this morning, there are lots of you on vacation this week. If you’re one of the (un)lucky ones working this week, perhaps you have a few extra minutes to tackle some projects that have been on the back burner. In… Continue Reading

Shared Work Program Gets a Refresh With New Regulations from Connecticut Department of Labor

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

One of the better programs run by the Connecticut Department of Labor that gets almost zero publicity is the “Shared Work” program.  For employers, it’s a useful tool when you’re dealing with a temporary slowdown in work. I talked about it five (!) years ago in the midst of the recession so I’m not going… Continue Reading

Cameras in the Workplace Among Topics in Latest “Employment Law Letter”

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

While you might think our department at Shipman & Goodwin LLP would be content to rest on just this blog, my fellow colleagues have actually been passing along tidbits for years in its quarterly Employment Law Letter publication. The latest issue is now available online here. I really like the cover article on cameras in… Continue Reading

Minimum Daily Earnings Guarantee (or Reporting Time) Already a Rule For Some Employers

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

This week, one of Connecticut’s own, Representative Rosa DeLauro introduced the “Schedules That Work Act” bill in Congress.  It would ostensibly help part-time workers secure stable schedules. It would, among other things “ensure employees get two weeks notice about their work schedules, as well as extra pay to compensate for last minute changes”, as summed up by The… Continue Reading

What an Employment Lawyer Can Learn From Minecraft (or Not)

Posted in Highlight, Human Resources (HR) Compliance

Over the last few years, my kids have started to get interested in this “thing” called a blog. “What do you write about?” Um, employment law issues, I’d reply. And then I’d say something about how I talk about things that happen at work. Recently, they asked if I had written about their passion.  (Disappointingly, when… Continue Reading

Accommodating Employees’ Religious Beliefs: A Primer on “Sincerely Held”

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

In the wake of the United States Supreme Court’s ruling in the Hobby Lobby case, holding that the Religious Freedom Restoration Act provides protection to closely held corporations to refuse, for religious reasons, to provide birth control methods and services to employees under the Affordable Care Act’s contraceptive mandate, the issue of accommodating an employee’s religious beliefs has… Continue Reading

The Employment Law Exemption for “Religious Corporations” You Never Knew About

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

Over the past month, after the Supreme Court’s Hobby Lobby decision, much has been made in the press about how it is unprecedented for the court to consider a company’s religious beliefs in making its decisions. The issue of taking into account a corporation’s religious belief in the workplace has been also catapulted to the center of… Continue Reading

EEOC Declines a “Pregnant” Pause; New Guidance Awaits Supreme Court Decision

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

Last week, my colleagues Peter Murphy and Harrison Smith, offered to write about the latest developments in the law regarding pregnancy.  The post was scheduled to come out today, when, much to our surprise, the EEOC yesterday afternoon released long-awaited guidance on the subject. So much for that post! After a quick rewrite last night,… Continue Reading

Married Men with Stay-at-Home Wives Have Negative Attitudes Of Working Women, Study Says

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

Gender bias in the workplace is the subject of hundreds of scholarly articles and even more cases by courts. But a recently-published study looked at whether the working status of a married man affects the man’s attitude of women in the workplace. The conclusion? It’s not pretty. We found that marriage structure has important implications… Continue Reading

Personal Data on Your Workers Next Target for Hackers?

Posted in Data Privacy, Human Resources (HR) Compliance

Back in May, I talked about how data privacy was becoming a bigger issue for companies. Included in that, is the notion that human resources will play a key role in protecting information. Today comes work of a massive coordinated effort by Chinese hackers to seek personal information on tens of thousands of government workers. … Continue Reading

Law Tribune’s Editorial on “Downright Coercive” Employment Arbitration Clauses Is Off-Base

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

It’s hard to read the Connecticut Law Tribune’s Editorial this week on “The Problem of Workplace Arbitration Clauses” with a straight face. It is dripping with sarcasm, filled with sweeping generalities, and reserves its greatest enmity for employers and the lawyers that represent them. If the editorial is to be believed, employers and their lawyers apparently routinely use “deceptive”… Continue Reading

A Small Bite Here, A Nibble There, Workplace Violence Lessons Everywhere

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

It’s a big day today.  The U.S. plays Belgium in the World Cup this afternoon. We’ve already covered it twice from a workplace morale and absence perspective, so we thought it appropriate to revisit perhaps the most notorious incident of the World Cup so far: A Workplace Violence Incident. My colleague, Chris Engler, gives us… Continue Reading

Supreme Court’s Narrow Rulings Leave Questions for Connecticut Employers

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

The U.S. Supreme Court this morning came out with two controversial decisions that will impact employers in Connecticut. The first one, Harris v. Quinn, dealt with whether non-union public employees could be forced to pay union dues.  The court issued a relatively narrow holding, ruling that “partial” public employees could not be required to do so. … Continue Reading

A Note from the U.S. Coach is a Great Idea, But Not a Good Excuse

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

First off, let me say that I’m really obsessed with enjoying this year’s World Cup. But Thursday presents some special problems for employers.  The United States Men’s Team has a very important game at 12 ET.  Right in the middle of the lunch hour (or two?).  Beat or tie Germany and the U.S. is through to… Continue Reading

You Be The “Judge”: Is Swearing at Work Protected by Federal Law?

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

Let’s try something a little new today: I’ll give you some facts and see if you can pick the result that a court or agency found. (Hat tip to Overlawyered for highlighting some of these issues.)  I’ll give you the lesson learned from these cases at the end. Used Car Salesman Loses Temper 1.  Nick… Continue Reading

For Connecticut Employers, First Amendment Case Will Have a Small Impact

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

Much will be written about the new First Amendment free-speech-in-the-workplace case decided by the U.S. Supreme Court today. But frankly, I wouldn’t be surprised if most of them say nearly the same thing — that testimony by an employee who has been subpoenaed outside the course of his or her job responsibilities is now protected… Continue Reading