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

Tag Archives: connecticut

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

Hurricane Sandy: Have Employers Learned the Lessons From Last Year’s Storms?

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

We 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 Uncategorized

Today, 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 & Hour

Reading 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, Litigation

United 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 & Hour

In 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, Litigation

I’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, Litigation

With 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