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Category Archives: Human Resources (HR) Compliance

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Deep Dive Into CHRO Case Statistics Show Increases in “Harassment” Claims

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

As I did last year, after I posted on the general statistics of the CHRO to see if we could glean any trends, I took a deeper dive into what the statistics this year show.  And there were definitely a few surprises. Obviously, at the risk of repeating yesterday’s post, FY 2015-2016 was a very big… Continue Reading

CHRO Acknowledges Faults with Case Assessment Review Process But A Fix May Be Hard

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

Yesterday, I had the opportunity to sit on a panel discussion sponsored by the Commission on Human Rights and Opportunities. Charles Krich, a Principal Attorney, also spoke and it was moderated by Deputy Director Cheryl Sharp. The purpose of the discussion, before dozens of practitioners in the state, was to look at the state of affairs at… Continue Reading

If You Do Any Hiring, New I-9 Forms Must be Used Effective January 2017

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

So did everyone enjoy Thanksgiving? I’m still recovering from my vacation so in the meantime, my colleagues, Brenda Eckert and Ashley Mendoza, return today with a post about updated I-9 forms that all employers MUST start using in January 2017.  If you do any hiring, this post ought to be front and center to fulfill… Continue Reading

From the Archives: Back to the Basics on Sexual Harassment Prevention

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

Wrapping up my look back this shortened week at some “Basics” posts, here’s a reminder of the obligations employers have to conduct sexual harassment prevention trainings.  Have a wonderful Thanksgiving and thanks for your continued readership.   With every new law that gets passed, it’s easy to overlook the existing requirements that employers must follow…. Continue Reading

From the Archives: The Basics of Agriculture’s Exemption to Wage/Hour Laws

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

Continuing a look back at some “basics” posts you might have missed, back in 2009, I tackled an exemption that may be overlooked when it comes to employment laws.   Connecticut has a proud history of farms. Many, like Lyman Orchards, have been passed down for many generations. (And if you’ve never visited Lyman Orchards, don’t… Continue Reading

From the Archives: The Basics of Bereavement Leaves in Connecticut

Posted in Human Resources (HR) Compliance

As I noted last week, I’m taking a few days off from the blog. In the meantime, I’m going to be re-running a few posts from my “Basics” series way back in 2008-9 that you might have missed. I hope you find them helpful. During the summer last year, I started a weekly series of posts about… Continue Reading

The Best Laid Plans on Overtime, Or, When “Stuff” Happens

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

I had a lot of plans this week to do another deep dive into an employment law issue but then, well, let’s just say life happens. Among the things? Lots of questions from clients about the new overtime rules.  While everyone has had months to plan, there are definitely a few procrastinators out there. But… Continue Reading

Employers May Seek More Than Just a “Doctor’s Note” For FMLA Certification

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

Over the years, one of my favorite employment law blogs has been Jeff Nowak’s FMLA Insights.  He really takes a deep dive into the subject and I’ve had the opportunity over the years to exchange ideas with Jeff. Recently, he alerted me to a new federal court decision in Connecticut that may have a significant… Continue Reading

Employers, Employees and Reasonable Accommodations: A Webinar

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

Tomorrow, I’ll be part of a webinar produced by the American Bar Association on reasonable accommodations under the ADA.  You can still sign up here. The topic page for the webinar gives a fairly concise summary: A reasonable accommodation under the Americans with Disabilities Act (ADA) is any modification or adjustment to a job or… Continue Reading

What Not to Do: Tips from the Ultimate Office Holiday Party Movie Trailer

Posted in Human Resources (HR) Compliance

I don’t know about you but the news lately has been awfully serious lately.  Thus, on this Friday before Election Day, let me share something a bit lighter. So last night, I started watching a few popcorn movie trailers to get my mind off things while finishing up some work.  Sure, there was Star Wars:… Continue Reading

Restroom Access and Transgender Issues in the Workplace Go Supreme

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

I still remain amazed at the sold-out crowd we had at last week’s Labor & Employment Law seminar.  Well over 250 people registered for the program and I kind of wanted to whisper to people: “You know this is just a LEGAL seminar, right?” But no matter. Employment law issues are as popular as ever and… Continue Reading

Silence May Not Be Golden When It Comes to the ADA’s Interactive Process

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

My colleague Gary Starr sits next to my office and sometimes we bounce ideas off each other. One of the things we were talking about recently was a new case that discussed an employer’s obligations to enter into the interactive process.   This often comes up in ADA cases where the employee may need a reasonable accommodation…. Continue Reading

Employer Can Refuse to Pay Commissions After Termination — Under Certain Conditions

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

Thanks to all who came to our Labor & Employment seminar on Thursday. Our biggest crowd yet. In it, we talked about the importance of offer letters.  Marc Herman returns today with a post updating us on a recent Connecticut Supreme Court decision that came out while I was on vacation a while back that… Continue Reading

Hiring Without Headaches – A Possibility or Fantasy?

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

So this week, I’ll be speaking at our firm’s semi-annual Labor & Employment Law seminar.  Amazingly, we have reached capacity for this event and are now taking names for a waiting list! Many thanks to all who have signed up.  It should be a lot of fun. Frequent blog contributor (and, well, a colleague) Chris… Continue Reading

Overtime Rules Still On Track — Are You Ready?

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

Over the last few weeks, there’s been a lot of bluster about lawsuits filed that are challenging the new overtime rules that are set to take place in just a few weeks. And there was also news that Congress was considering a law restricting the law as well. Both seem unlikely to come to pass… Continue Reading

And About “Embarrassing” Student Teaching Assistant Handbooks….

Posted in Human Resources (HR) Compliance, Labor Law & NLRB, Social Media

My colleague Jarad Lucan returns today with an update on a post regarding the impact that recent labor law decisions are having on colleges and universities. Two years ago, my colleagues and I reported on the case before the National Labor Relations Board (the “Board”) related to the Northwestern University’s scholarship football players seeking the… Continue Reading

Trump’s So-Called “Locker Room Talk”: Would It Count Towards a “Hostile Work Environment”?

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

I’ve always tried for this blog to be apolitical.  That doesn’t mean I don’t have political views — I obviously do — but I don’t think that they should play into how we look at certain legal issues. But we need to talk about the recorded comments from Donald Trump because I think employers need… Continue Reading

Is Hiring Without Headaches Even Possible?

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

In the course of my litigation cases, I’ve had a good-natured argument at times with a few counsel who represent employees about the mindset of employers.  The argument I’ve heard from them is that employers are too cavalier in firing employees and just go about hiring someone else (someone younger, they argue). But what I’ve… Continue Reading

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