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

Category Archives: Laws and Regulations

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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

Outdated Employment Regulations Get a Second Look in Connecticut

Posted in Laws and Regulations, Wage & Hour

Welcome to the party, Connecticut. For years, I’ve highlighted outdated employment laws and regulations in Connecticut that should be written off the books.  As I’ve noted time and again (and again), it’s very easy for laws to get put on the books. But it’s very hard for them to get taken off. Now comes word that… 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

An Eight-Year Protected Leave of Absence for Politicians from their Jobs?

Posted in Laws and Regulations

Every once in a while, you come across a law that seems so out of place that you do a double take. Did that really say what I think it said? That can’t be what I think that means. Can it? Conn. Gen. Stat. 31-51l is one of those statutes that employers are likely unaware… Continue Reading

Continuing to Challenge Whether An Employee Has a “Disability” Under ADAAA

Posted in Discrimination & Harassment, Laws and Regulations, Litigation

When the Americans with Disabilities Amendments Act (ADAAA) passed Congress in 2008 (remember when Congress used to pass employment laws??), one of the most talked about changes was that Congress declared that the question of whether an individual’s impairment was a “disability” should not require “extensive analysis.” It was thought by some at the time,… 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

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

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

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

Employment Lawyer Predicts the Future. What Happens Next Will Restore Your Faith in Humanity.

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

If you spend anytime on the Internet, you’ve come across headlines like this one. (Yes, it’s a little bait-and-switch, but you were expecting that, weren’t you?). Indeed, sites like Upworthy have become big business in the last year all due to headlines that you can’t resist. Well, that and Grumpy Cats. (For an excellent recap… Continue Reading

[Updated] Discovery Protocols in Employment Cases Are Here to Stay in Federal Court

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

UPDATED 11/22/13, 3p Earlier this week, members of the CBA’s Federal Practice Section were informed that the Initial Discovery Protocols in Employment Cases are now being used by all the judges in the district. As such, lawyers and clients should now expect to deal with them in various types of discrimination cases filed in federal court… Continue Reading

Service Contract Act: Do Your Wages Comply With the Law?

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

You would figure after six-plus years of doing this blog, I would’ve covered all the laws applicable to employers. But, perhaps in a testament to how many laws there are, there are still a few out there. One of them is the Service Contract Act, (Conn. Gen. Stat. 31-57f, for the attorneys out there.) The Hartford Business… Continue Reading

Veterans Day – Recap of Available Resources

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

Today is Veterans Day.  First and foremost, I want to thank all of our veterans for their service to this country. For employers, there are a whole host of laws that employers must be aware of when dealing with veterans and servicemembers. First, I’ve often covered USERRA — Uniformed Services Employment and Reemployment Rights Act. … Continue Reading

Major Retailer Bans Use of Criminal History as Factor in Job Applications

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

In various posts, I’ve talked about how there is a slow but increasing trend to encourage employers to “ban the box” when it comes to job applications. That catchy (yet non-descriptive phrase) refers to a checkbox that is often found on job applications that asks applicants if they have any criminal convictions. The news this… Continue Reading

Connecticut’s New Cell Phone Use Restrictions Impact Employers

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

You might have missed it, but earlier this month, significant new restrictions when into place that govern when the driver of a car can use his or her cell phone. Previously, Connecticut’s law restricting cell phone use by drivers was limited to times when the motor vehicle was in motion.  Thus, people were free to check their phones… Continue Reading

Mandatory Flu Shots for Employees in Connecticut: Fact vs. Fiction

Posted in CHRO & EEOC, Discrimination & Harassment, Highlight, Human Resources (HR) Compliance, Labor Law & NRLB, Laws and Regulations, Wage & Hour

As the temperature starts to dip this week and our thoughts start turning from fall to winter, so starts slow climb up the absenteeism ladder. Around many workplaces, flu shot clinics are starting to pop up.  Not surprisingly, studies show that flu shots reduce the rate of absenteeism.  (Employees who get vaccinated get sick less… Continue Reading

Second Circuit Leaves Some FLSA Issues Up For Grabs

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

A reminder: Employees are entitled to overtime for work over 40 hours a week, unless an exemption applies. For so-called white collar workers, there are three main exemptions: administrative, professional and executive.  Each of these categories looks at whether the employee had certain covered “duties” (known as the “duties” test) and a minimum guaranteed weekly… Continue Reading

Locked Out: What the Shutdown Means for Connecticut Employers

Posted in CHRO & EEOC, Labor Law & NRLB, Laws and Regulations, Legislative Developments

And I’ve been locked out And I know we’re through But I can’t begin to face up to the truth….. – Crowded House, “Locked Out” (1993) So, here we are.  The (partial) government shutdown began early this morning. And suddenly, we’re locked out of national parks and many government services. But how does this impact… Continue Reading

Big Changes Are Here for Personnel Files – Are You Ready?

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

On October 1, the rollout of major changes to the state’s Personnel Files Act becomes official. If I had to hazard a guess, however, I’d say that many small to mid-size companies remain unprepared for the breadth and scope of the changes.  If you haven’t focused on it yet, you’ve got a weekend to catch… Continue Reading

USDOL Releases Final Rule Applying Overtime to Home Health Aides & Other Direct Care Workers

Posted in Highlight, Laws and Regulations, Wage & Hour

Yesterday, the U.S. Department of Labor announced significant new changes to its regulations regarding who is a “domestic worker” and therefore subject to the coverage of the federal laws regarding overtime and the like. The changes were, in many ways, expected. But the scope of the coverage — expanding it to nearly two million more… Continue Reading