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Category Archives: Laws and Regulations

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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

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

New Model Rules Make It Unethical to Discriminate

Posted in Discrimination & Harassment, Highlight, Laws and Regulations

As I have for over a decade now, I attended the American Bar Association’s Annual Meeting last week serving on the ABA’s House of Delegates – the organization’s main governing body.  My exact position is actually State Delegate — a position that nominally makes the lead delegate of Connecticut’s delegation, though in practice it’s much… Continue Reading

New Pay Secrecy Law Finds a Place in Court With Lawsuit

Posted in Highlight, Laws and Regulations, Litigation, Wage & Hour

Well, it was bound to happen.  After nine years of writing the blog on a near daily schedule, some work and personal commitments interfered with my blog writing schedule. But never fear, more new posts from me are now right around the corner. In the meantime, one of our summer associates, James Joyce, joins the… 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

One Big Thing For Employers to Know About the New Overtime Rule

Posted in Highlight, Laws and Regulations, Wage & Hour

Are you tired of lawyers commenting already on the new overtime rules? (The answer should be no, of course, since you’re reading this blog and thus have room for one more view.) But I think it’s fair to say that we haven’t seen a feeding frenzy like this on employment law in many, many years. … 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

President Signs New Federal Trade Secrets Act; Added Protection for Employers

Posted in Highlight, Laws and Regulations

Yesterday, President Obama signed the Defend Trade Secrets Act — a broad federal law designed to give companies added protection.  It does not circumvent state law — indeed, where a state law is more protective of the trade secret, it still applies. Nevertheless, it provides a base level of uniformity nationwide. My colleagues, Pat Fahey… Continue Reading

Major Modifications to Immigration Programs May Cause Major Headaches

Posted in Highlight, Laws and Regulations

Today, I’m delighted to bring you what I hope will be the first of several updates for employers from the immigration law perspective.  One of my newest colleagues, Ashley Mendoza, along with my law partner Brenda Eckert, have been tracking some of the newest rules for employers coming out of the Department of Homeland Security. … 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

EEOC: Bathroom Access Rights Guaranteed By Title VII

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

Last fall, I raised the issue of bathroom access for employees that corresponds with their gender identity. The issue, however, that seems to get the most press is restroom access. Indeed, we’re now getting federal guidance on how to deal with the issue of restroom access. That remains one of the bigger issues (a proposition up… Continue Reading

Connecticut Businesses Should Exercise Caution on DOL’s New FMLA Guide for Employers

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

Over the years in the employment law “blawgosphere” (isn’t there a better term by now?), I’ve had the pleasure of meeting with and conferring with several other attorneys who blog. One of those is Jeff Nowak, whose FMLA Insights blog has become a go-to place on all things FMLA. So, it was no surprise yesterday… Continue Reading

Quick Hits: Persuader Rules, Class Action Lawsuits, Prevailing Party, E-mail Phishing

Posted in CHRO & EEOC, Class Actions, Data Privacy, Discrimination & Harassment, Highlight, Labor Law & NLRB, Laws and Regulations, Wage & Hour

With Opening Day of baseball season nearly upon us, it’s time again to bring back a “Quick Hits” segment to recap a few noteworthy (but not completely post-worthy) employment law items you might have missed recently. The U.S. Department of Labor released the final version of new “persuader” rules which will become effective April 25,… Continue Reading

Individual Employees Can Be Sued For FMLA Violations, Court Rules

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

It’s been a big couple of days for court opinions. Today’s turn: FMLA lawsuits. When we last talked about the FMLA, it was in the context of the fact that sometimes things about the law are bit complicated. Well, if you didn’t like the intricacies of the FMLA before, this new decision isn’t going to… Continue Reading

Keep Calm & Carry On: New Federal White-Collar Overtime Rules Still Not Released

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

Over the last few days, Twitter has been a-twittering with buzz that the Department of Labor has sent the final overtime rules to the OMB. This is the equivalent of one department sending another one an e-mail with the new rules. Why? Because it’s just the next step in getting the rules approved.  But nothing… Continue Reading

Did You Hear the One About the “Joint Employer”?

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

It’s hard getting excited about joint employment. In fact, it’s pretty yawn-inducing.  (Seriously, get a cup of coffee before reading this.) But a few weeks back, the Department of Labor issued some new guidance on the topic that has been making the rounds of the employment law blogs. Now, you might be asking — what… Continue Reading

Independent Contractors: Can You Still Use Them?

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

A while back, I got this question: Can we still use independent contractors for our business? This answer is certainly yes. But you wouldn’t know it from all the headlines of late. And you wouldn’t think so by the attacks on the use of independent contractors by government agencies.  Take this quote from the U.S…. Continue Reading

Can You Fire An Employee Who Has Exhausted FMLA Leave?

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

An employee of yours goes out on medical leave. Suppose that you only have to abide by the federal FMLA law.  After 12 weeks, the employee is still out. Can you simply fire the employee? Well, the U.S. Department of Labor says “yes”.  Sort of. As part of a Q&A on the subject, the DOL… Continue Reading

EEOC Pushes to Expand Title VII’s Reach to Sexual Orientation Claims

Posted in CHRO & EEOC, Discrimination & Harassment, Highlight, Laws and Regulations

When you’ve been blogging as long as Jon Hyman (of Ohio Employer’s Law Blog) and I have, your minds seem to work in a similar fashion. For a few days, I’ve been working on a draft of a blog post about the EEOC’s goal of expanding Title VII’s reach to include sexual orientation discrimination claims. … Continue Reading

Watch the Employer Deductions — Except for One Special Case

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

Connecticut has pretty strict rules that employers must follow if they want to take deductions off of an employee’s salary.  Typically, an employer must seek CTDOL approval for all sorts of deductions, which I covered back in a 2012 post. But what happens if an employer makes a mistake on a paycheck and overpays an… Continue Reading

New Year, New Minimum Wage in Connecticut

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

For yet another year, Connecticut’s minimum wage is on the increase. Effective January 1, 2016, the Connecticut minimum wage will be raised to $9.60 per hour effective January 1, 2016. Although the federal minimum wage is $7.25, Connecticut employers must pay the higher rate under state law. The updated wage and hour law poster, including… Continue Reading