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
Tag Archives: connecticut
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
Should Private Employers Still Worry About Unions and What Happens at the NLRB?
Posted in Highlight, Human Resources (HR) Compliance, Labor Law & NRLB, LitigationAs 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 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
Employer Alleges “Inherently Conflicted and Irreparably Unfair Proceedings” at CHRO; Seeks Injunction
Posted in CHRO & EEOC, Discrimination & Harassment, Human Resources (HR) Compliance, LitigationA 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) ComplianceFive 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) ComplianceNormally, 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) ComplianceIt’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
Hurricane Sandy: Have Employers Learned the Lessons From Last Year’s Storms?
Posted in Highlight, Human Resources (HR) Compliance, Wage & HourWe interrupt our normally scheduled post on a recent Second Circuit case…. Monday is an anniversary that many of us in Connecticut will long remember – the anniversary of the big October snowstorm (or “Alfred” as Channel 3 called it). Combine that storm with Irene earlier in 2011, and we’ve seen more than our share… Continue Reading
Medical Marijuana Giving Employers Headaches Already
Posted in UncategorizedToday, our firm held the last of two free seminars on employment law. Thanks to all who attended. Surprisingly, one of the issues our attendees had a bunch of questions on was the new medical marijuana bill that became effective October 1, 2012. Now, I’m not going to go back over the entire bill in… 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
Remembering Judge Kravitz
Posted in Highlight, LitigationUnited States District Court Judge Mark Kravitz passed away this week. He had been fighting valiantly against ALS (or Lou Gehrig’s Disease). But for those of us familiar with the disease, it has no cure and death is, for most, only a matter of time. The Connecticut Law Tribune posted an article last night remembering… Continue Reading
Court Bars Use of Fluctuating Work Week to Calculate Award in Overtime Case
Posted in Class Actions, Highlight, Human Resources (HR) Compliance, Litigation, Wage & HourIn prior posts, I’ve talked about the fluctuating work week and how it can be a useful tool for employers in limited circumstances. Yesterday, a federal court in Connecticut had a very interesting ruling that addressed whether an employer — when faced with a suit for overtime by a group of convenience store employees (“clerks”,… Continue Reading
Pull Up Your SOX: The New Whistleblowing Claim Grows Up
Posted in Laws and Regulations, LitigationI’ll be the first to admit that the words “Sarbanes-Oxley Act” are likely to induce a big collective yawn from many of you out there. Even the acronym “SOX” doesn’t liven things up. (Then there are people, like Doug Cornelius at the Compliance Building blog who eat this stuff up.) But here’s what you need… Continue Reading
EEOC Statistics Show Drop in Claims Filed in Connecticut
Posted in CHRO & EEOC, LitigationWith statistics from the CHRO lacking, it’s hard to get a judge on whether claims of discrimination in Connecticut are rising or falling. The EEOC released new statistics this week, however that shed a little bit of light on the subject, albeit with a fairly small sample size. For FY 2011, the EEOC reported that… Continue Reading
Medical Marijuana Bill Includes Restrictions For Employers
Posted in Highlight, Human Resources (HR) Compliance, Legislative DevelopmentsThe General Assembly over the weekend passed a comprehensive bill that permits individuals to use marijuana for palliative purposes. The bill is expected to be signed by the Governor this month. Besides just permitting individuals to use marijuana, it has several important provisions that will impact employers in Connecticut. Unfortunately, as the history of medical marijuana… Continue Reading
Conn. Supreme Court: Law Bars Hostile Work Environment Based on Sexual Orientation
Posted in Discrimination & Harassment, LitigationThe Connecticut Supreme Court, in a decision that will be officially released on May 15, 2012, today ruled unanimously that Connecticut’s anti-discrimination laws implicitly create a claim for hostile work environment based on an employee’s sexual orientation. The state’s anti-discrimination laws have long been interpreted to bar a hostile work environment based on gender, but… Continue Reading
Court: Regional District Employees Are “Town” Employees; Claims Barred By Workers’ Compensation Act Exclusivity
Posted in Litigation, Wage & HourThe Connecticut Supreme Court, in a decision that will be officially released next week (but released this morning), held that an animal control officer for several towns, was an employee of each of the towns. Because of the creation of an employer/employee relationship, her claims that she was injured on the job (she suffered a… Continue Reading
Bankruptcy Highlights Necessity of Preventing Data Breaches
Posted in Class Actions, Highlight, Human Resources (HR) Compliance, LitigationWith all the focus lately on social media, it’s easy for forget that there are other laws and issues that remain vitally important to employers. One of them is the need for employees to understand the importance of compliance with data privacy laws. I talked in 2008 about a new law in Connecticut that may… Continue Reading
“Linsanity” for Employers to Fail to Post Required Notices
Posted in Highlight, Human Resources (HR) Compliance, Laws and Regulations, Manager & HR Pro’s Resource Center, Wage & HourEmployers in Connecticut (and other states) have a whole host of notices that must go up in a common meeting area for employees to see. But what happens when an employer forgets to do the postings, or, worse, purposely avoids putting those posters up? A recent federal case in Connecticut addresses that question with important… Continue Reading
Legislative Session Begins; Discrimination Against Unemployed on the Agenda
Posted in Discrimination & Harassment, Featured, Highlight, Legislative DevelopmentsThe new legislative session at the Connecticut General Assemblybegan last week and the Labor & Public Employee Committee wasted no time setting an agenda for bills for discussion in this short legislative session. At a committee meeting last Thursday, the Committee discussed a variety of items to be discussed and proposed as bills. Among the… Continue Reading
CHRO Proposes New Equal Employment Opportunity Plan Regulations & Hearing
Posted in CHRO & EEOC, Laws and RegulationsThe Connecticut Commission on Human Rights and Opportunities (CHRO) has released proposed new regulations that would require state agencies and the like to create an Equal Employment Opportunity Plan. These regulations would not apply to private employers so many of you can dispense with the worrying. The proposed regulations will replace the current ones. The CHRO… Continue Reading
Super Bowl Office Pools in Connecticut – What Box Are You In?
Posted in Featured, Highlight, Human Resources (HR) Compliance, Laws and RegulationsIt doesn’t get much better than this for Connecticut residents. Giants vs. Patriots for the Super Bowl. In a state where the loyalties are divided, a Super Bowl rematch from four years ago is nirvana. And with such interest and enthusiasm, friendly wagering among friends will no doubt follow. But what happens when those people… 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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