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

Tag Archives: connecticut

Cameras in the Workplace Among Topics in Latest “Employment Law Letter”

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

While you might think our department at Shipman & Goodwin LLP would be content to rest on just this blog, my fellow colleagues have actually been passing along tidbits for years in its quarterly Employment Law Letter publication. The latest issue is now available online here. I really like the cover article on cameras in… 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

Supreme Court’s Narrow Rulings Leave Questions for Connecticut Employers

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

The U.S. Supreme Court this morning came out with two controversial decisions that will impact employers in Connecticut. The first one, Harris v. Quinn, dealt with whether non-union public employees could be forced to pay union dues.  The court issued a relatively narrow holding, ruling that “partial” public employees could not be required to do so. … 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

Wage Claim Is Not a Unfair Trade Practices Claim Too, Rules Court

Posted in Highlight, Litigation, Wage & Hour

Management-side lawyers like myself like to joke that a former employee can sometimes sue any employer for any reason at any time. It’s not true, of course, but at times it feels like there is no limit to the creativity of lawyers filing claims against employers. One such tactic was recently rejected by the federal… 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

Bill Barring Discrimination Against Unemployed Advances in General Assembly

Posted in Discrimination & Harassment, Human Resources (HR) Compliance, Legislative Developments

Let’s all agree, at the outset, that getting people re-employed — particularly those who have been unemployed for a while — is a worthy goal. How do you get there?  Job training? Education? The Connecticut General Assembly is taking a different tactic — just make it illegal for employers to discriminate against those who are… Continue Reading

An Early Look at the Legislative Session: “Low Wage Employers”, Unemployment Discrimination

Posted in Highlight, Human Resources (HR) Compliance, Legislative Developments

The snow may have stalled work in the state for a few days, but the Connecticut General Assembly is now in full swing with bills now being discussed and debated. So far, the list of bills filed before the Labor & Public Employee Committee is small but that is expected to grow soon with bills on… Continue Reading

Legislative Preview: New Life for Noncompete Bill or Is Judicial Reform Better?

Posted in Legislative Developments

One of the bills that passed the Connecticut General Assembly last year was a bill that would have limited the scope and use of noncompete agreements. But as I noted in a post last summer, Governor Malloy vetoed that piece of legislation. In his veto message, however, he signaled a willingness to agree to some… Continue Reading

Connecticut’s Gender Wage Gap: Report Paints a Complicated Picture

Posted in Discrimination & Harassment, Legislative Developments, Wage & Hour

The Gender Wage Gap Task Force in Connecticut issued its report last month with both findings and recommendations on a continued disparities between what men and women, on average, earn. In doing so, it recognized that there are multiple factors that are responsible for the gap in its view.  It paints a far more complicated picture… Continue Reading

Potty Talk: Employment Laws around the Toilet

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

Jon Hyman, who runs the Ohio Employer’s Law Blog, dropped a couple of posts last week on employee’s rights to, um, use the bathroom. He started with a post on the right to a workplace bathroom and related breaks, and followed it up on whether employees have a right to be paid during their bathroom breaks (in case… Continue Reading

Court: Connecticut Constitution Provides Greater Free Speech Rights For Employees

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

Does the Connecticut Constitution provide an independent and greater right of free speech for public (and even private) employees than the First Amendment of the U.S. Constitition? That was a question left unanswered in last year’s precedent-setting Schumann decision by the Connecticut Supreme Court that I handled, where the court stated: “We decline to reach the state constitutional… Continue Reading

Sixteen Types of Wage & Hour Records Employers Need to Keep

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

In helping employers on wage and hour issues, I’m struck sometimes by the occasional failure to maintain proper records on their employees. For employers, payroll companies now offer to help an employer with such records and can often provide some of the information once the employer shares it with them. The Connecticut Department of Labor… Continue Reading

CAD Detailing and Drawing Job Not Exempt from Overtime, Court Rules

Posted in Wage & Hour

Employees generally are eligible for overtime if they work more than 40 hours of work, unless one of the limited exceptions applies. Employers typically rely on one of the three white-collar exemptions — administrative, executive or learned professional — when making arguments as to why an employee is not eligible for overtime. A new federal… Continue Reading

What Employers Need to Know About the Minimum Wage Hike in Connecticut

Posted in Highlight, Legislative Developments, Wage & Hour

Last night, the House of Representatives, following the lead of the Senate, approved of a measure that will increase the minimum wage paid in Connecticut to $9 per hour. The Governor has said he will sign the bill.  The law becomes effective on July 1, 2013, technically, but the changes will not occur until 2014.   … Continue Reading

Facebook Password “Privacy” Bill Is An Answer In Search of a Problem

Posted in Highlight, Legislative Developments, Social Media

The Connecticut General Assembly’s Labor & Public Employee Committee today is considering drafting a proposed bill “to prevent current or potential employers from requesting or requiring that employees or potential employees provide passwords to their personal accounts as a condition of their employment.” I won’t mince words. Proposed Senate Bill 159 is a bad idea.  It’s a solution in search of… 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 Center

When 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 & Hour

The 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

Should Private Employers Still Worry About Unions and What Happens at the NLRB?

Posted in Highlight, Human Resources (HR) Compliance, Labor Law & NRLB, Litigation

As I indicated a few weeks ago, one of the goals of this blog this year is to stop chasing headlines.   The latest story about the NLRB demonstrates why. Late last month, the D.C. Circuit Court of Appeals (which, as you might imagine, only covers Washington D.C.) ruled that recess appointments to the NLRB were invalid,… 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 Media

In 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

Employer Alleges “Inherently Conflicted and Irreparably Unfair Proceedings” at CHRO; Seeks Injunction

Posted in CHRO & EEOC, Discrimination & Harassment, Human Resources (HR) Compliance, Litigation

A new lawsuit filed last Thursday in Connecticut state court by an employer alleges that the employer’s due process rights are being violated by “inherently conflicted and irreparably unfair proceedings” at the Commission on Human Rights and Opportunities (CHRO) — the state agency responsible for investigating and enforcing the state’s anti-discrimination laws.  In the lawsuit, NERAC v. Krich,… Continue Reading

A New Year’s Resolution

Posted in Highlight, Human Resources (HR) Compliance

Five years is a long time. In the time span of the Internet, it might as well be a lifetime. So, after five years of doing this blog on nearly a daily (ok, business daily) basis, it’s time for a change. Now, I’m not retiring like other bloggers have.  But it’s time to recognize that… Continue Reading

Newtown: You Are Not Alone

Posted in Highlight, Human Resources (HR) Compliance

Normally, this blog writes itself. This morning, however, the words have not come easy.  Does writing about FMLA leave relating to the Newtown tragedy really matter? Indeed, I’ve rewritten this post about 5 different times.  What can we say that will comfort those? What can we do to help those? Are we helpless to respond? Yesterday,… Continue Reading

Oh, Sandy! Storm Brings Headaches, Hassles & Heartburn

Posted in Human Resources (HR) Compliance

It’s Sunday evening here in Connecticut.  If the forecast goes according to plan, I may not have power tomorrow to write about the storm. Governor Malloy announced this evening that all non-essential state workers are not to report to work on Monday. But those who listened to his news conference know he went beyond that…. Continue Reading