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

Category Archives: Laws and Regulations

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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

Employees Participating in Court Proceedings May Have Protection

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

My colleague, Jarad Lucan (who just won a New Leader of the Law award from the Connecticut Law Tribune!) returns today with a post about the protections employees who testify in court may have.  Most employers (at least those employers that read this blog on a regular basis) know that it is illegal to subject… Continue Reading

USDOL Final Revisions to White Collar Exemptions Coming in 2016

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

Over the next few days, I hope to provide a few updates from attending last week’s ABA Labor & Employment Law Annual Conference in Philadelphia.  There were many good, substantive programs there and lots to be gleaned for employers. One of the sessions focused on the proposed revisions to the white collar overtime exemptions that… Continue Reading

The CHRO Complaint Process Needs A Reboot

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

Lately, I’ve been hearing a lot of complaints about the Connecticut Commission on Human Rights & Opportunities from both attorneys and clients. And I’ve come to one conclusion: The CHRO Complaint Procedure needs a reboot. Now, before you dismiss this as a critical column – let’s be clear. I like many reboots.  Sure, the Superman… Continue Reading

Eight Years Later: Three Big Changes in Employment Law

Posted in CHRO & EEOC, Highlight, Human Resources (HR) Compliance, Labor Law & NLRB, Laws and Regulations, Litigation, Social Media

2007 seems like yesterday. And yet, eight years after I started this blog and over 1800 posts later (and a Hall of Fame entry), I’m pretty sure 2007 WASN’T yesterday. So for this year’s anniversary post, I thought I would capture what I think are some of the biggest storylines from the last eight years. … Continue Reading

After Hours iPhone and Android Use By Employees Raises Wage/Hour Concerns (Again!)

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

So, you remember February 2009, right? We were all aflutter over Liam Neeson in Taken (ok, I still haven’t seen it).  And we were listening to “My Life Would Suck Without You” by Kelly Clarkson (still a good song.) And I had a Blackberry Bold and loved it. (I know; even lawyers can plead temporary… Continue Reading

The Real Battle over Independent Contractors and the ABC Test In Connecticut

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

You’ve no doubt heard lots about how the U.S. Department of Labor is cracking down on independent contractors.  I’ve recapped it before and my former colleague, Jonathan Orleans, has a new post regarding Uber & electricians. But in my view, there is a larger, more important battle now being fought in Connecticut and you may… Continue Reading

When Cancer Strikes: What Happens AFTER You Run Out of Paid Time Off

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

I’d much rather write about a legal topic than a personal one, but before I talk about the logistics of handling an employee who has exhausted their paid time off, I wanted to share a brief personal update. Last November, I shared with you my wife’s diagnosis and treatment for cancer.  Because she is a… Continue Reading

No Vacation for Employment Law: New “Interpretation” for Independent Contractors Issued by USDOL

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

Whatever happened to summer vacation? You remember, that downtime, when nothing much happened? First, there were new proposed OT rules. Then, word came out EARLY (I got an alert at 6a!) today that the U.S. Department of Labor issued new “guidance” that will try to limit the misclassification of employees as indpendent contractors. The goal… Continue Reading

Connecticut to Tighten Data Privacy Requirements

Posted in Data Privacy, Highlight, Laws and Regulations, Legislative Developments

With news of yet another breach of personnel data of nearly 21 million Americans yesterday, I invited my colleague William Roberts, to chime in with an update on a new law in Connecticut that updates data privacy requirements in the state. Bill heads up our Privacy and Data Protection team here and works a lot… Continue Reading

Unemployment Taxes: CTDOL Argues There’s More to the Story

Posted in Laws and Regulations, Legislative Developments, Wage & Hour

After my post last week, I received a thoughtful response from the Connecticut Department of Labor that is worth consideration. Much of it has already been transmitted in a column by Dan Haar in the Courant, but I think in the interests in fairness, it’s worth reprising here. In it, the CTDOL suggests that it… Continue Reading

DOL’s Internship Test Rejected by Second Circuit Creating Conflict with New Connecticut Law

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

Did you enjoy the fireworks last week? I’m not talking about the real Independence Day fireworks; rather, it’s a new Second Circuit decision that should have employment lawyers popping this morning. For a while, we’ve been talking about interns.  Indeed, back in 2013, I talked about how a wage/hour case involving interns on the movie… Continue Reading

Employers to Pay More in Federal Unemployment Taxes

Posted in Laws and Regulations, Legislative Developments, Wage & Hour

It appears that for the second year in a row, Connecticut employers will not be able to take advantage of a cost-saving opportunity as a result of inaction by the Connecticut Department of Labor. In two letters to the Connecticut Department of Labor by the CBIA and the Republican leadership, the details of the state’s… Continue Reading

Details of New Overtime Regulations Released Monday Night

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

On Monday night, details of the revised white-collar overtime regulations were released. But we’ll know more once the actual details get posted on the Department of Labor website on Tuesday. (Bloomberg was the first to report it Monday evening.) (Update 6/30/15: The proposed regulations are now available online from the U.S. Department of Labor here.)… Continue Reading

The “Number Two” Reason on How to Avoid GINA Liability

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

My colleague, Marc Herman, returns today to talk about a subject that doesn’t get a lot of attention but may as the technology makes genetic information more accessible.  But just because it’s more accessible, doesn’t make it right. Particularly if you suspect something “smelly” in your workplace.  It’s not often that it comes up, but… Continue Reading

Intern Anti-Discrimination Bill Signed By Governor

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

Capitol Watch — The Hartford Courant’s political site – tweeted the following yesterday: Gov. Malloy has signed a bill protecting interns from workplace harassment and discrimination. — Capitol Watch (@capitolwatch) June 22, 2015 And a review of the Governor’s website reflects that approval in the bill notification release. (I read them so you don’t have… Continue Reading

Forget Employee Handbooks. How About an Update to Employment Laws?

Posted in Laws and Regulations, Wage & Hour

So, employers are probably tired of hearing me say that there’s always something to update in your employee handbook. But if employers can do it, why can’t the legislature get its act together and clean up our existing laws to the ones that are relevant — or at least update them. Instead, we get layers… Continue Reading

Back from the Dead: Procedural Changes Coming to CHRO and New Protections for Domestic Workers

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

So in a post earlier on Friday, I recapped most of the employment law legislation that passed — except one. That bill, Senate Bill 446, was titled “AN ACT CONCERNING THE DEFINITION OF THE TERM “DOMESTIC WORKER”.   Innocuous enough, right? But as it turns out, that bill was used as a cover to pass through… Continue Reading