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Category Archives: Human Resources (HR) Compliance

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Department of Labor Releases New Pregnancy Discrimination Poster

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

Last week I talked about the new state law regarding pregnancy discrimination that is going into effect on October 1, 2017.  In that post, I mentioned a new notice that was required to comply with the law. Although there is no set form that is required to be used, the Connecticut Department of Labor has… Continue Reading

Calling President An Idiot May Be Protected Speech (But Maybe Not)

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

“President Trump is a Big Fat Idiot” or, for that matter, “Secretary Clinton is a Sore Loser.” Let’s suppose you see one of your employees tweeting one of these expressions on Twitter during non-work hours from a personal account. Can you discipline or even fire your employee over that tweet? That, in essence, is at… Continue Reading

BREAKING: Budget Implementer Bill Contains Big Proposed FMLA Changes for Connecticut

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

Update August 16th: Late yesterday, I received further confirmation that the provisions regarding FMLA were withdrawn entirely from the proposed Democrat-led budget bill. Moreover, the General Assembly early this morning voted on a Republican version of the budget implementer, which now goes on to Governor Malloy (who has indicated he will veto the bill). That… Continue Reading

Diving In: Your Company Is More Than Your Employee Handbook

Posted in Highlight, Human Resources (HR) Compliance

Yesterday, I made a spectacular dive. Unfortunately, it was not in a pool. It was in the middle of the street. But it’s what happened AFTER that unfortunate fall, that I find most compelling. Let me first say, however, that I’m FINE. Really, I’m fine. I’ve said that over and over the last 24 hours… Continue Reading

Two Weeks Until New Protections for Pregnant Employees Become Effective

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

For those unfamiliar with the way a lot of Connecticut laws get implemented, October 1st could seem like just another day.  (Though for my kids, they would be impressed that it was a different October 1st in 1982 that EPCOT opened at Disney World.) But a lot of bills that are passed by the Connecticut… Continue Reading

Not Giving Employees Something (Namely a Discrimination Complaint) To Talk About

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

There’s an old(?) Bonnie Raitt song that my parents used to listen to when I was in college called “Let’s Give Them Something to Talk About”.  It’s about a crush, but the intro could be just as applicable to a new court decision. The lyrics start: “People are talkin’, talkin’ ’bout people, I hear them whisper,… Continue Reading

Obama-Era Proposed Overtime Rules Struck Down By Court

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

A federal district court in Texas yesterday struck down (once and for all?) the changes to the overtime rules proposed by the Obama Administration.  Previously, those rules (affecting the white collar exemptions) had been stayed, but the Court’s ruling suggests that there is a fatal flaw to the proposed rules and barred its implementation. In… Continue Reading

“Hold My Position Open Indefinitely” Is Not a Reasonable Accommodation, Court Rules

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

The Connecticut Appellate Court today released an important disability discrimination decision that gives employers some support for employees who struggle with employees who ask for “accommodations” for an indefinite leave for a medical condition. The case ostensibly addresses the request for “indefinite leave” which I’ve previously talked about it in prior posts. But the case boils down… Continue Reading

Revisiting the Fluctuating Workweek Method: CT Supreme Court Says No for Retail Employees

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

It never seems to fail; I go on vacation and the Connecticut Supreme Court issues one of the few employment law decisions it issues every year during that week. Fortunately for all of us, it concerns the fluctuating work week method of overtime computation which most employers in the state consciously either avoid or try… Continue Reading

Vacations: Necessary for the Soul, but Not Required By Law

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

Like many of you, I long for vacations.  I like to plan them out in advance and then spend the intervening weeks and months plotting and scheming. What restaurants and new foods should we try? What attractions should we try to visit? And while that private tour my Facebook friend recommended sounds neat and all,… Continue Reading

Compliance with Today’s Anti-Discrimination Laws Through a History Lesson

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

Over the weekend, I was doing a lot of driving.  Having a kid at camp near the New Hampshire border to pick him up will do that. So, it was time for me to catch up on some podcasts I had downloaded but hadn’t yet listened to. I had already finished S-Town (worthy of a… Continue Reading

This is Why the Number of Employees You Have Matters in Employment Law

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

There are many confusing aspects of employment law — not the least of which is that certain laws only apply to employers of a certain size. For example, the federal age discrimination law, ADEA, only applies to a business if it has 20 or more employees who worked for the company for at least twenty calendar… Continue Reading

The One Area of Connecticut Law Employers Love (For Now)

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

  Over the weekend, The New York Times ran a surprising (at least to me) article about how Idaho has implemented a legal framework that gives employers a great deal of flexibility in an area getting a good deal more publicity of late: Non-compete agreements. (H/T to a post by Suzanne Lucas in Inc. too.)… Continue Reading

Want to Help Refugees? You Can Always Hire One. Legally.

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

Over the last few months, I’ve had a few opportunities to use my legal background to help shed some light on refugee resettlement. Back in February, I helped Connecticut lawyers introduce and sponsor a resolution at the American Bar Association Midyear Meeting calling for Congress to provide legal protections and sufficient funding for refugee resettlement…. Continue Reading

How Will Federal Legal and Regulatory Changes Impact Connecticut Employers?

Posted in Highlight, Human Resources (HR) Compliance, Labor Law & NLRB, Laws and Regulations, Legislative Developments, Wage & Hour

For the last six years, you haven’t seen much on this blog about changes to federal employment laws because, well, there just weren’t any.  What we DID see, however, were changes to regulations and enforcement orders. Nearly six months into the new Trump administration, we’re now starting to see significant shifts in the federal regulatory… Continue Reading

The Dialogue: Sex Harassment in the Workplace — Still an Issue, but How Much?

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

The Dialogue, a online conversation between yours truly and a prominent employee-side attorney, Nina Pirrotti, returns today with another installment — this time tackling the topic of sexual harassment in the workplace.   For prior installments, check out these posts here and here.  As for the promised redesign and relaunch of the blog, it’s nearly complete…. Continue Reading

Recommendations for Uber Are Roadmap for All?

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

If you had a million dollars (or more) to investigate your culture, what would you find out? (Music fans may appreciate the classic “If I Had a Million Dollars” song from the Barenaked Ladies. You’re welcome.) Well, Uber engaged a lawfirm, Covington & Burling, and the former Attorney General Eric Holder to do just that… Continue Reading

Court: Temps May Not be “Employees” Under Workers Compensation Law, Allowing Lawsuit

Posted in Highlight, Human Resources (HR) Compliance

As I continue to work on a major redesign and relaunch that I hope (!) to roll out by month’s end which has held up some blog posts, my colleague Gary Starr returns this morning with a new post regarding a recent Connecticut court decision and temps.  Employers who use a staffing company to supplement… Continue Reading

Legislative Update: Pregnancy Discrimination Protections Under State Law Changing?

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

On Tuesday, May 23rd, the Connecticut House of Representatives overwhelmingly passed a measure that would greatly expand the already broad anti-discrimination provision that exist under Connecticut law.  The bill, House Bill 6668, would make several substantive changes to the protections including defining what is a “reasonable accommodation” instead of leaving that determination open. I’ve previously… Continue Reading

In Firing Employees, A Bit of Humanity Still Helps

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

Your employee that you are firing should not hear about his firing from a television report first. I suppose that would seem an obvious rule to follow. But apparently not. Let me back up. Earlier today, the President fired FBI Director James Comey — an act that really is more for politics blogs, than an employment… Continue Reading

Citing Statistics, Yankee Institute Critical of CHRO — Again

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

This week, the Yankee Institute for Public Policy, a self-described “free market” think tank, issued an article suggesting that Connecticut had nearly the same number of discrimination complaints as our neighboring state, Massachusetts. (This isn’t the first time it’s been critical of the CHRO.) In doing so, the Yankee Institute claimed that these statistics raise… Continue Reading

Is Calling Your Boss “a Nasty Mother******” Protected Activity?

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

My colleague Gary Starr returns today with a decision from the Second Circuit (which covers Connecticut) that may just surprise you. Then again, if you’ve been following this line of reasoning, perhaps not. There are outer limits to insulting speech, but a recent decision seems to indicate that it is really really far out there. The questions up… Continue Reading

The Dialogue: Workplace Complaints and Happy Endings As Rare As Unicorn Frappuccinos?

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

The Dialogue — one of the more popular recurring posts — returns for the third time. Does that mean the third time’s the charm? Or is it three strikes and we’re out? In any event, Nina Pirrotti of Garrison, Levin-Epstein, Fitzgerald and Pirrotti, P.C. returns for this installment where an employee-side and employer-side attorney discuss the… Continue Reading

Starting May 1, 2017 USCIS Will Issue Redesigned Green Cards and Employment Authorization Documents

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

Part of an employer’s job is to review I-9 documentation at the start of employment, including Green Cards. But for employers, knowing what is real vs. fake, can be an issue.  My colleagues have prepared this update to one form of documentation that you should be on the lookout for.  The change is happening sooner… Continue Reading