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

Category Archives: Laws and Regulations

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Quick Hits: EEOC Strikes Again, Desk Shenanigans, New Executive Order, Union Dues, Sharing Salary Info

Posted in CHRO & EEOC, Class Actions, Discrimination & Harassment, Labor Law & NRLB, Laws and Regulations, Litigation, Wage & Hour

Time for another installment of quick hits where I share a few stories that I had hoped to write further about and finally concede that, because of time limitations, I probably won’t. So, you settle a discrimination case with the EEOC.  You’re done, right? Well, not exactly, as this post from the Workplace Class Action… Continue Reading

Accommodating Employees’ Religious Beliefs: A Primer on “Sincerely Held”

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

In the wake of the United States Supreme Court’s ruling in the Hobby Lobby case, holding that the Religious Freedom Restoration Act provides protection to closely held corporations to refuse, for religious reasons, to provide birth control methods and services to employees under the Affordable Care Act’s contraceptive mandate, the issue of accommodating an employee’s religious beliefs has… Continue Reading

The Employment Law Exemption for “Religious Corporations” You Never Knew About

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

Over the past month, after the Supreme Court’s Hobby Lobby decision, much has been made in the press about how it is unprecedented for the court to consider a company’s religious beliefs in making its decisions. The issue of taking into account a corporation’s religious belief in the workplace has been also catapulted to the center of… Continue Reading

EEOC Declines a “Pregnant” Pause; New Guidance Awaits Supreme Court Decision

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

Last week, my colleagues Peter Murphy and Harrison Smith, offered to write about the latest developments in the law regarding pregnancy.  The post was scheduled to come out today, when, much to our surprise, the EEOC yesterday afternoon released long-awaited guidance on the subject. So much for that post! After a quick rewrite last night,… Continue Reading

What’s New at the CHRO? Commission Chair Collins Shares His Perspective

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

At Monday’s Connecticut Legal Conference, CHRO Chair Gary Collins spoke for a bit about the developments at the oft-maligned agency since he’s come on board.  (You can follow all the tweets from the conference on Twitter using #ctlegalconf as the hashtag.)While he joked that attendees could just read this blog to find out what was going… Continue Reading

Picking a Fight: The State of the Law for Noncompete Agreements in Connecticut

Posted in Highlight, Laws and Regulations, Legislative Developments, Manager & HR Pro’s Resource Center, Wage & Hour

The New York Times this morning has an article that suggests that non-compete agreements are being used increasingly in a broader array of jobs. His evidence? Well, the article doesn’t cite that. Though, to the reporter’s credit, in noting the discussion going on in Massachusetts over legislation on the topic, he cites to a trade… Continue Reading

BREAKING: Connecticut DOL Releases New FMLA Regulations for School Paraprofessionals

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

You won’t find it (at least easily) on the Connecticut Department of Labor’s website.  (The Department’s FMLA page is void of any reference as well.)   But late last month the CTDOL quietly released new regulations governing FMLA leave rights to school paraprofessionals.  I’ve asked my colleagues, Jessica Ritter and Henry Zaccardi, to recap the… Continue Reading

Legislative Wrapup: Minimum Wage, Paid Sick Leave and Not Much Else

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

I’ve previously touched on a number of bills that were passed in the short legislative session that ended earlier this month but I thought I would recap the session briefly in one post. Of course, the CBIA already did most of the work so I won’t repeat the good work and recommend the post to… Continue Reading

Paid Sick Leave Gets “Healed” By General Assembly

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

In the hours before the General Assembly’s 2014 session closed, there were a number of bills being watched by employers.  I’ll have an additional recap of the session in the days ahead, but one bill that passed on Wednesday night made a number of small, but important, changes to the state’s Paid Sick Leave law… Continue Reading

CTDOL’s Interpretation of Travel Time Not “Reasonable”; What Happens Next?

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

So if last Tuesday’s post about the latest Connecticut Supreme Court decision on travel time was for employers, this post is for the ones who love the nuances of the law. Dan Klau on his Appealingly Brief blog did a deep dive into the decision. And it wasn’t pretty. The issue Dan highlights is this:… Continue Reading

Driving With A Headache: Commuting Time With Tools Not Compensable, Connecticut Court Rules

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

In a decision officially released today, the Connecticut Supreme Court (Sarrazin v. Coastal, Inc.) has concluded that a plumbing foreman who carried his tools to and from work was not entitled to be compensated for his commuting time. That’s about the only simple thing about the decision for employers. The case addresses complicated and head-spinning issues such as pre-emption,… Continue Reading

“Wage Theft”: The Trendy Phrase That May Not Mean What You Think It Means

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

Over the last few weeks, I’ve been seeing more tweets from human resources types and mainstream reporters using the phrase “wage theft”.  Two recent examples? William Tincup (who runs the popular online DriveThruHR show that I appeared on a while ago) recently tweeted: RT Wage Theft Another Assault on Workers’ Compensation http://t.co/iXmbHnASUL @jongelman — William Tincup,… 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

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