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

Category Archives: Human Resources (HR) Compliance

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Ten (+4 More) People to Follow on Twitter for Labor and Employment Law

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

Since the last time I published a list of labor & employment law lawyers to follow back in 2012, there are just a bunch of you out there now using Twitter. (And I presume you’re already following me @danielschwartz, right?) So, it’s probably time to update my list of labor & employment law-related people to… Continue Reading

Gleaning Employment Law Lessons From Connecticut’s Double Championships

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

I’ll first acknowledge the obvious: UConn’s national championships in both men’s and women’s basketball is a weak excuse for a post on employment law topics. And yet, that hasn’t stopped me before. (See 2009, 2011, etc.) For Kevin Ollie, the victory provides a nice financial bonus to him.  How do I know this? Because Ollie… Continue Reading

Will “Microaggressions” Make Their Way Into Employment Discrimination Cases? Have They Already?

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

Over the last few months, I’ve seen an increasing number of articles start highlighting an issue that has been percolating at college campuses: The theory of “Microaggression”. Not familiar with the term? The New York Times has recently written about the term become the “word du jour”: A tone-deaf inquiry into an Asian-American’s ethnic origin…. Continue Reading

The New New Minimum Wage in Connecticut

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

In short order, Connecticut has just jumped to the front of the line when it comes to increasing the minimum wage. On Wednesday, March 26th, the General Assembly passed an increase to the minimum wage in Connecticut. This will amend the previous increases that had been negotiated last year and raises the minimum wage past… Continue Reading

Spiderweb Delivery? Is One Year Enough for a Leave of Absence for a Disabled Employee?

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

You have a disabled employee out of leave for 180 days.  Your policy says that employees may be terminated after the end of 180 days. So, on day 181, can you fire the employee? Today, my colleague Christopher Parkin tackles that difficult question in a recent ADA case brought by the EEOC against a very big… Continue Reading

Up is Down and Outside is Inside? With FMLA, Not Quite Common Sense

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

Today, my colleague Christopher Engler, takes a crack at explaining what happens with FMLA leave when an employee takes works at another job while on FMLA leave.  As Chris explains, not everything about the statute is “common sense.”  Picture this: In one scenario, a maintenance worker takes an FMLA leave for “mental distress” but continues to deliver oil… Continue Reading

Background Check Documentation (Printed and Online) Under Renewed Scrutiny

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

If you’re like most employers that do background checks, you probably haven’t thought twice about the documentation you use for it. Perhaps you’ve copied some standard language you’ve found off the Internet (not that there is anything necessarily wrong with that), or maybe you’ve just used a form that has been handed down from one… Continue Reading

Obama Proposes Changes to White Collar Overtime Exemptions

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

The New York Times reported this morning that President Obama will ask the United States Department of Labor to revamp its regulations on the so-called “white collar” exemptions to the federal overtime laws. Specifically, he will direct the DOL “to require overtime pay for several million additional fast-food managers, loan officers, computer technicians and others whom… Continue Reading

Got a “Secret”? Firewalls Are Not Stopping Spread Of Social Media

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

If it seems that there are more social media apps out there than ever before, you’re not going crazy.  No longer do employers just have to worry about Facebook. Rather, a whole host of sites has popped up leading to new headaches and challenges for employers. I’ve talked about this before, but Law360 published a… Continue Reading

What Happens At Home When Your Employee Takes FMLA Leave in Vegas?

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

Are you willing to bet that your FMLA practices are in compliance with the law? One company recently found out that not all trips to Las Vegas are created equal.  My colleague, Peter Murphy, has this post today that reminds employers that FMLA leave can come in all shapes and sizes. Although the case arises… Continue Reading

An Early Look at the Legislative Session: “Low Wage Employers”, Unemployment Discrimination

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

The snow may have stalled work in the state for a few days, but the Connecticut General Assembly is now in full swing with bills now being discussed and debated. So far, the list of bills filed before the Labor & Public Employee Committee is small but that is expected to grow soon with bills on… Continue Reading

EEOC’s Lawsuit Challenging CVS Separation Agreements Is a Big Deal

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

My good friend, Jon Hyman of the Ohio Employer’s Law Blog, probably said it best this morning: I try to shy away from hyperbole, but OH MY GOD, THIS CASE COULD BE RUINOUS!!! Yeah, pretty much. So, if you — like me — have been tied up with day-to-day affairs for a bit, or thinking how tomorrow’s snowstorm… Continue Reading

ABA Adopts Principles of Model Business Policies on Labor Trafficking & Child Labor

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

As I’ve highlighted before, I’m fortunate to serve as a delegate to the American Bar Association House of Delegates, which meets twice a year. I was less fortunate that the Midyear Meeting this year was in Chicago, which was even colder and snowier than Connecticut. At Monday’s House meeting, there were several resolutions passed. The… Continue Reading

Get it Right the First Time: Drafting Contracts with Precision (Revisited)

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

Rather than tell you the result of a new Connecticut Supreme Court case first, let’s play along with the facts at home first.Here they are: The plaintiff was hired as a laboratory manager by the defendant in February, 2006. On February 2, 2006, the plaintiff and [the defendant’s principal] signed a document that included the… Continue Reading

Upcoming Speaking Engagements – Something for Everyone

Posted in Human Resources (HR) Compliance

There was a point when I looked at my schedule a few weeks ago and wondered how exactly I had agreed to the number of speaking engagements that I had. Even after I turned down at least a half dozen. Ah well. Some are employment law-based, and some are geared to the profession as a… Continue Reading

Dazed and Confused About Medical Marijuana in the Workplace? Dude, It’s Just Starting

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

The news this week that Connecticut has given its approval to four medical marijuana growers in Simsbury, West Haven, Portland, and Watertown, inches the state that much closer to full implementation of the medical marijuana law that was passed in 2012. The state also reported that over 1600 individuals in Connecticut have been certified by… Continue Reading

Donning, Doffing and “Changing Clothes”: Supreme Court Says When Employees Get Paid

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

Raise your hand if you know what “Donning and Doffing” is? To those that have raised your hand, you are most likely: a) an employment lawyer; b) a Scrabble nerd; or c) not being honest with yourself. It’s just not a phrase anyone uses in real life — like a “snood” (I’ll get to the… Continue Reading

What Can Employers Learn From 2013 for 2014

Posted in Human Resources (HR) Compliance

January is almost over, which probably seems a little strange to be talking about what happened in 2013. But as someone who majored in history in college, I’m a firm believer that you can learn a lot by studying the past — even the recent one. Which is why I’m excited about tomorrow’s presentation that… Continue Reading

The EEOC Regulation You Need to Know When Making a “Material Change” to a Separation Agreement

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

Suppose you have to terminate an employee who is over the age of 40 and you decide to offer that employee a separation agreement. (I’ve previously covered the “standard” provisions in an agreement here and discussed a 2009 EEOC Guidance on the subject here.) You already know (right?) that releases for employees over 40 need… Continue Reading

Why A-Rod Will Strikeout on His Appeal and What Employers Can Learn

Posted in Class Actions, Highlight, Human Resources (HR) Compliance, Labor Law & NRLB, Litigation

Readers of this blog will no doubt notice (in posts here, here, here and here, for example) that my passion for employment law is matched only by my love of the New York Yankees.  (I leave to others to debate whether that is a character flaw; Red Sox fans need not chime in, however.) The story over the… Continue Reading

Recipe for Disaster: Who Owns Your Work-Related Social Media Accounts?

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

With all that was going on with the holidays, my colleague Peter Murphy reminds us that ownership of work-related social media is not an issue to take lightly.  Why? Well, let Peter take the story from there…. Back in May, Dan posted some very helpful advice to employers about ownership of work-related social media accounts. … Continue Reading

Remember that NLRB Notice? “Never Mind”

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

Readers of a certain vintage, will remember Gilda Radner’s character Emily Litella who often said “Never Mind”.  (If you’ve never heard of Gilda Ratner or this, then I’ll pause while you watch this classic video.)  Readers of a later vintage will think of Nirvana’s “Nevermind”. If you just want the dictionary definition, here it is. My… Continue Reading

Upcoming Presentations on Investigations and Notable Court Decisions Impacting Human Resources

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

With all the weather changes in Connecticut over the last few days, I’m reminded of Mark Twain’s quote: “If you don’t like the weather in New England now, just wait a few minutes.”But life still goes on in New England and I’ve got two upcoming presentations to mention. This Wednesday, I have the privilege of speaking to… Continue Reading