Employers: If there is one proposed bill at the Connecticut General Assembly to be concerned about this year, it is the stealth House Bill 6667. It could have the single biggest impact on employer/employee relations in a generation. And that’s just for starters. If you look at the bill on the legislative website, it looks innocuous enough. … Continue Reading
Category Archives: Laws and Regulations
Subscribe to Laws and Regulations RSS FeedSpring Cleaning: Time to Update Some FMLA and I-9 Forms & Posters
Posted in Highlight, Human Resources (HR) Compliance, Laws and Regulations, Manager & HR Pro’s Resource Center, Wage & HourFor lawyers, anytime there’s a change, it seems to be a big deal. But for employers, change is inevitable and part of business. Indeed, if a new poster is required by employers, most employers simply shrug and order a new poster on the internet through a site like Gneil.com. My colleague, Jon Orleans (fresh off his… Continue Reading
Employees Who Smoke (Part II) – The Exception for Health Insurance Plans
Posted in Human Resources (HR) Compliance, Laws and RegulationsSo yesterday, I made a convincing case that employees who smoke outside the workplace can’t be treated differently than your non-smokers. But what about your health insurance plans? Doesn’t the state law prohibit your plan from imposing higher premium costs on those smokers? Well on first glance it appears yes. The state law would seem to… Continue Reading
Refusing to Hire People Who Smoke: The Connecticut Ban
Posted in Highlight, Human Resources (HR) Compliance, Laws and Regulations, Manager & HR Pro’s Resource CenterWhen I was away last week, one of the headlines from my alma mater caught my attention. The University of Pennsylvania Health System announced that effective July 1st, they will refuse to hire anyone who smokes or uses tobacco. No doubt some of you are either lauding this step, or shaking your head in disgust. Could an… Continue Reading
Connecticut’s Paid Sick Leave (PSL) Law: Does It Work?
Posted in Human Resources (HR) Compliance, Laws and Regulations, Wage & HourThe title of the post is a bit misleading because the answer to the question is, at this point, unanswerable. In what ways do we measure success under Connecticut’s Paid Sick Leave law? The number of employees who have used it? The people who didn’t get sick as a result? The overall flu rate? Of… Continue Reading
Reading the Tea Leaves for Employment Law in 2013 (Harry Potter Edition)
Posted in Featured, Highlight, Human Resources (HR) Compliance, Labor Law & NRLB, Laws and Regulations, Legislative Developments, Litigation, Social MediaIn this week’s Connecticut Law Tribune, I filed my annual “forecast” of employment law for 2013. As with the weather forecasts, it is subject to change on a moment’s notice. So drink your “tea” with a grain of salt. So, last year, I brought out my trusted Magic 8-Ball to make my 2012 predictions. Looking… Continue Reading
Reality Bites: Know the Law Before Using That Hidden Camera
Posted in Highlight, Human Resources (HR) Compliance, Laws and RegulationsDuring the holiday break, I did what many lawyers do (but will publicly deny): I watched a few ”bad” reality tv shows. No, I didn’t watch “Here Comes Honey Boo-boo” (even I have my limits). But on the Food Network was a marathon of episodes of a show called “Mystery Diners”. The show is based around so-called “Mystery… Continue Reading
Connecticut’s “Reasonable Leave of Absence” for Disability Resulting from Pregnancy
Posted in Discrimination & Harassment, Highlight, Laws and Regulations, UncategorizedLast week, Attorney Robin Shea of Employment & Labor Insider proposed 10 rules of etiquette that “will save you from a pregnancy discrimination suit”. Rule No. 1? Pregnancy is always good news. Always. Always. Always. If you haven’t read it, I’ll wait. There are lots of rules regarding pregnancy that may come into play including FMLA,… Continue Reading
Medical Marijuana and Work: Where We Stand Now
Posted in Highlight, Human Resources (HR) Compliance, Laws and Regulations, Manager & HR Pro’s Resource CenterIt’s been nearly two months since Connecticut’s “medical marijuana” law became effective. Yet many employers have been blissfully ignorant about what the law provides, perhaps because Connecticut does not yet have a home-grown supply of marijuana and the registration process is just beginning. But because of the law’s appeal, I would expect the impact to increase substantially… Continue Reading
A Look Back at Obama’s (First?) Four Years and Employment Law
Posted in Discrimination & Harassment, Labor Law & NRLB, Laws and Regulations, Legislative Developments, Wage & HourFinally, today is Election Day. And while the pundits tonight will all look forward to what the next four years might bring, it’s worth taking a quick peek back at Obama’s (first?) four years with a review of some of the posts from 2008-9. Before his term, there were predictions that he would be good… Continue Reading
An Updated Employer’s Guide to the Election
Posted in Highlight, Human Resources (HR) Compliance, Laws and Regulations, Manager & HR Pro’s Resource CenterElection Day is nearly upon us. Much like I did two years ago, it’s time to recap the rules for employers regarding the election. The polls are open from 6 a.m. to 8 p.m. for everyone to vote for their favorite candidate…or at least the one that they dislike the least. You can find out where you should vote… Continue Reading
Sandy Spooks Employers but Will Employers Scare Employees Into Voting?
Posted in Highlight, Human Resources (HR) Compliance, Labor Law & NRLB, Laws and RegulationsEveryone ok out there? What a wild couple of days we’ve had in Connecticut and, for those still without power, it’s not over yet. Much like Irene and the October snowstorm before it, Sandy has left her mark. But it’s time to get back to business today. We’re less than a week away from the… Continue Reading
New Laws Place Restrictions on Employers Seeking Passwords
Posted in Highlight, Human Resources (HR) Compliance, Laws and Regulations, Legislative Developments, Manager & HR Pro’s Resource Center, Social MediaEarlier this week, I had the opportunity to speak to the HR Compliance Conference in San Francisco about legal issues related to hiring. In some ways, everything old is new again on this topic. Issues like the Fair Credit Reporting Act, or the EEOC’s guidance on criminal background checks, have been around for years yet… Continue Reading
A New Whistleblower Retaliation Statute Grows Up: Dodd-Frank is the new Sarbanes-Oxley.
Posted in Highlight, Human Resources (HR) Compliance, Laws and Regulations, Litigation, Wage & HourReading the headline, I’m sure a few of you rolled your eyes. Dodd-Frank? Sarbanes-Oxley? Those statutes are seen as dull and tedious. But a new federal court decision in Connecticut should start to change that, and it has implications for employers nationwide. The case is Kramer v. Trans-Lux, which you can download here. It addressed an employer’s motion… Continue Reading
Intermittent Leave for Foster Care & Adoption? Only If Employer Approves
Posted in Human Resources (HR) Compliance, Laws and Regulations, Manager & HR Pro’s Resource Center, Wage & HourI’ve said it before many times: One reason employment law is so interesting is that just when you think you’ve figured things out, you can rediscover little quirks in the law that you may have overlooked on first glance. My latest example came last week when an out-of-state lawyer and friend called me to discuss a legal concept. … Continue Reading
Five Things To Know About Paid Sick Leave, NLRB and Other New Developments
Posted in Highlight, Laws and Regulations, Legislative Developments, Social Media, Wage & HourAt yesterday’s labor & employment law seminar, we had both Heidi Lane, a Prinicipal Attorney with the Connecticut Department of Labor, and Jonathan Kreisberg, Regional Director of the NLRB’s Hartford Office, speak to attendees about the latest developments under both Connecticut and federal law. But for those who couldn’t make it, here are five notable things they discussed: 1)… Continue Reading
NLRB Keeps Doing What It Always Does. Why Is Anyone Surprised?
Posted in Highlight, Human Resources (HR) Compliance, Labor Law & NRLB, Laws and Regulations, Manager & HR Pro’s Resource Center, Social MediaI’ll admit something that might seem a little unusual and ironic: I’ve grown a bit tired about writing about the NLRB and social media. Perhaps, it’s because I’ve seen too many law firms and lawyers issuing newsletters, blog posts, and alerts each time the NLRB says something, anything, about social media. Because people on social media… Continue Reading
Quick Hits: Election Roundup, Seminar Details, Harassment, and CTDOL Improvements
Posted in CHRO & EEOC, Discrimination & Harassment, Laws and Regulations, Legislative DevelopmentsAs the week draws to a close, it’s time for another installment of Quick Hits, where I highlight a few blog posts worth a read. As readers know, this week I’ve been posing a series of questions to the major party candidates about employment law. Other lawyers have done the same and Jon Hyman, of… Continue Reading
Election 2012: What Debate Questions Would You Ask Rep. Paul Ryan
Posted in Labor Law & NRLB, Laws and Regulations, Legislative DevelopmentsAs we continue our series this week of highlighting employment law issues for the candidates, next up is Rep. Paul Ryan. (For previous posts and groundrules, see here, here, and here.) Your record on the Employment Non-discrimination Act is, to be blunt, muddy at best. You appear to have once voted for passage of the Act,… Continue Reading
Election 2012: What Debate Question Would You Ask Vice President Biden?
Posted in Labor Law & NRLB, Laws and Regulations, Legislative DevelopmentsNext up in this week’s series of employment law-related debate questions for the candidates: Vice President Joe Biden. One of the big ideas of the administration early on was the Employee Free Choice Act. It’s an act that you publicly showed strong support for. The bill never passed and some of the ideas regarding “card check”… Continue Reading
Election 2012: Debate Questions for President Obama
Posted in Highlight, Labor Law & NRLB, Laws and Regulations, Legislative DevelopmentsWith the Presidential election just six weeks away, we have yet to see any of the major party candidates tackle employment law issues in detail. That, of course, is not surprising. But as we head towards the debates, I talked with several other employment lawyers who run blogs and we thought we could bring some… Continue Reading
Breaking: Conn. Supreme Court Holds CTFMLA Applies Only If Employer Has 75+ Conn. Employees
Posted in Laws and Regulations, Litigation, Wage & HourThe Connecticut Supreme Court this week issued its decision in Velez v. Commissioner of Labor. The decision, which has been long-awaited, holds that the Connecticut Family and Medical Leave Act applies only to employers that have 75 or more Connecticut employees. In practical terms, this means that large employers with small Connecticut locations will not… Continue Reading
Tips for Assisting Newly Married Employees with Name Changes
Posted in Human Resources (HR) Compliance, Laws and RegulationsAs I take some time off this week, I thought I would revisit and update a post from back in October 2007. Weddings are stressful. And for many women (and increasing numbers of men), changing their name just adds to the stress. But for companies, there does not appear to be readily-accessible information for human resources personnel… Continue Reading
Evolution of a Benefit:Use of Paid Sick Leave by Employees Who Aren’t Sick Themselves
Posted in Laws and RegulationsWhile I take a little time off this week for the Jewish holidays, my colleague Mick Lavelle fills in with this great post about the use of paid sick leave by employees who aren’t actually sick. When can an employee receive sick leave pay even though the absence is not due to the employee’s own… Continue Reading
About Daniel Schwartz
Trusted advisor. Experienced employment law attorney. Bar leader. Award-winning author. Noted Speaker. "Legal Rebel". All can be said to be apt descriptions of Daniel Schwartz, a member of Pullman & Comley. More +
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