It’s not very often that the Connecticut Supreme Court considers employment law issues. But today, two notable cases are being argued in front of the court. Both could have an impact on employers in the state. In Patino v. Birken Manufacturing, the court is being asked to consider whether a hostile work environment harassment claim… Continue Reading
Tag Archives: ctfmla
Municipalities Get Ready: Paid Sick Leave Applies to You Too
Posted in Highlight, Human Resources (HR) Compliance, Laws and Regulations, Wage & HourOne of the things that law school teaches you is to read the definitions of words in any new law that is passed. Why? Because a word like “employer” may be defined differently than what you would expect. That’s a hard concept for real employers to understand. After all, how can you be an “employer”… Continue Reading
Court: Pregnancy Discrimination Act Covers Maternity Leave Too
Posted in Discrimination & Harassment, Highlight, LitigationHere’s an interesting question: Does the Pregnancy Discrimination Act protect an employee who is no longer pregnant? A federal court decision in Connecticut yesterday says, yes. The case, Canales v. Schick Manufacturing, Inc. can be downloaded here. The Pregnancy Discrimination Act (PDA) is part of Title VII and states that “women affected by pregnancy, childbirth,… Continue Reading
“Vaporizing” One Area of Employment Law? Hmmm.
Posted in Highlight, Human Resources (HR) Compliance, Laws and RegulationsIn a post Friday, Walter Olson over at Overlaywered posed this question, “If I could press a button and instantly vaporize one sector of employment law…” (His suggestion? Age Discrimination laws.) Jon Hyman, at the Ohio Employer’s Law Blog, picked up on the question and posed it for his readers as well. Jon’s choice? The… Continue Reading
Senator Dodd’s Lasting Legacy to Employment Law: FMLA
Posted in Human Resources (HR) ComplianceYesterday, Senator Chris Dodd gave his farewell speech from the Senate floor. It seems archaic to read a speech, but it’s worth a few minutes of your time, regardless of your politics. He has been a public servant and a tireless advocate for many causes in Connecticut. It will be strange to have a Connecticut delegation… Continue Reading
The FMLA Connection (in Connecticut) to Organ Donors and How Employers Can Help
Posted in Human Resources (HR) Compliance25 years ago nearly to the day, my father donated one of his kidneys to his brother. What have you done today? Have you done everything you could? Could you have done better? They may seem like unfair questions after the first sentence. But tonight is the start of Yom Kippur – a… Continue Reading
The Basics: Bereavement Leave in Connecticut
Posted in Human Resources (HR) ComplianceDuring the summer last year, I started a weekly series of posts about various "basics" of employment law, with a particular focus on Connecticut. I had planned to start it again this week on a different topic, but in driving into work this morning after a meeting, I was struck by what I saw and… Continue Reading
US Department of Labor Clarifies Definition of “Son or Daughter” Under FMLA, Affording Rights to Gay Parents
Posted in Laws and RegulationsThe United States Department of Labor late today issued a new interpretation of what a "son or daughter" is under the federal Family and Medical Leave Act (FMLA) to make it clear that an "employee who assumes the role of caring for a child receives parental rights to family leave regardless of the legal or… Continue Reading
More on Velez: How This Decision Might Impact Employers
Posted in LitigationMy post yesterday on a new Superior Court decision in Velez v. Mayfield has generated a lot of discussion from the counsel for the individual who brought the suit. (You can also view the original DOL decision here.) As I mentioned in the update, the case is being appealed so it’s very likely we’ll get… Continue Reading
Court: DOL Must Count Out-of-State Workers to Determine if Employer Has Requisite 75 or More Employees Under Connecticut’s FMLA
Posted in Human Resources (HR) Compliance, Litigation, Wage & HourUPDATED In a decision sure to send chills to employers with small branch offices in Connecticut, a Superior Court judge recently ruled that an employer’s out-of-state employees must be counted in figuring out if an employer is subject to the state’s FMLA rules. Employers with 75 or more employees nationwide that have just one employee in… Continue Reading
Wage & Hour Rx Wrapup: What Employers Need To Know
Posted in Human Resources (HR) Compliance, Wage & HourYesterday’s seminar on Wage & Hour Rx, sponsored by the CBIA, went very well and I thank all of the attendees for their great questions and comments. It made for a lively discussion about all things wage & hour. What were some of the "hot topics"? The difference between employees and independent contractors was a… Continue Reading
Family Violence Victims Entitled to Leave and Other Protections Under New Connecticut Law
Posted in Laws and Regulations, Legislative DevelopmentsWhile the legislative session was a relatively quiet one, a few provisions found in a comprehensive domestic violence bill do have some direct implications for employers in Connecticut and create a new leave provision that will require some attention from human resources personnel. Many employers will be unaffected by the provisions, but those who have… Continue Reading
Domestic Service Workers or Household Companions: Whatever You Call Them, Know the Wage & Hour Rules
Posted in Human Resources (HR) Compliance, Wage & HourOnce again, the Connecticut Law Tribune has compiled an excellent series of articles on labor and employment law topics for its quarterly supplement which you can view here. In it, my colleague, Joshua Hawks-Ladds, has a great article on the domestic service worker exemption under various wage and hour laws. As he points out,… Continue Reading
Paid Sick Leave Bill in Connecticut General Assembly Still Alive
Posted in Legislative DevelopmentsOn Friday, the Appropriations Committee of the Connecticut General Assembly — by a 28-13 vote — passed Senate Bill 63, this year’s version of the paid sick leave bill. The Capitol Watch blog has full details. The Labor Committee had previously approved the measure last month. This is the third year in which the bill… Continue Reading
FMLA Webinar Materials Now Available
Posted in Human Resources (HR) Compliance, Laws and RegulationsLast week, we held our monthly webinar on the interplay between the state and federal FMLA rules and featured Connecticut Department of Labor Principal Attorney Heidi Lane as a guest speaker. We had another huge crowd for program. As we have done before, we have recorded the webinar and uploaded the presentation materials for those that… Continue Reading
Reminder: Free Webinar on What Employers Need to Know About State & Federal FMLA Set for Wednesday
Posted in Human Resources (HR) ComplianceWith vacations and the Labor Day holiday, it’s tough to keep track of everything going on this month so here’s a friendly reminder and invitation to join us at our next free monthly webinar set for Wednesday, September 9th at noon EDT. You can register for the program here. This is our first with a… Continue Reading
Webinar: What Employers Need to Know about FMLA (Featuring the Connecticut Department of Labor)
Posted in Human Resources (HR) ComplianceCORRECTED LINK Keeping up with all the changes in the FMLA at both the state and federal level is a constant struggle. The next webinar I’ll be hosting is designed to cut through this clutter to give employers with some useful takeaways and answer some of FMLA’s thorniest questions. The free webinar, now set for September… Continue Reading
Legislative Update: With 48 Hours to Go, Still Awaiting Action on Paid Sick Days, Captive Audiences, Credit Reports and More
Posted in Human Resources (HR) Compliance, Legislative DevelopmentsWith the legislative session ending on Wednesday at midnight, there’s a lot for employers to keep an eye out. Here’s a quick summary of what’s still alive and what’s not, at the Connecticut General Assembly. Senate Bill 365 (S.B. 365) – A bill that would prohibit so-called captive audience meetings by employers (typically regarding a… Continue Reading
Legislative Updates: CT FMLA Revisions Approved by Both Chambers; Bill Will Be Effective Upon Signing
Posted in Legislative DevelopmentsLate last week, the Connecticut House approved Senate Bill 710 (S.B. 710) which makes some important changes to the state FMLA law to bring it more in line with the federal family and medical leave act rules as they relate to military caregiver leaves of absences. I’ve covered the bill in a post earlier this month… Continue Reading
Conn. Senate Passes Revisions to State FMLA; Would Extend Protections for Servicemembers and Families
Posted in Human Resources (HR) Compliance, Legislative DevelopmentsLate last week, the Connecticut Senate approved a measure that would permit an employee to take up to 26 weeks of unpaid leave from work to care for family members who may have been injured in the line of military duty. The bill (Senate Bill 710) is now on the House’s calendar for a vote… Continue Reading
Legislative Update: What’s Still Alive for the Current Session?
Posted in Legislative DevelopmentsWith the budget issues looming large over this session of the General Assembly, it’s tough to get a handle on what labor & employment law bills are still a possibility for this session. One way to do that is to check to see what bills have been reported out of the Labor & Public Employees committee because if the… Continue Reading
Legislative Update: February 5th Hearing Set on Bills Relating to FMLA Leave, Termination Notices, Paid Sick Leave and Workplace Bullying
Posted in Legislative DevelopmentsThe Connecticut Labor & Public Employees Committee is now scheduled to hold a hearing on various labor bills of relevance and importance to employers in Connecticut. Some are re-hashes of bills raised last year, but others, including amendments to the state’s FMLA laws are new. The hearing is scheduled for February 5, at 2 p.m…. Continue Reading
Hot Link: Connecticut DOL Releases Guidance Comparing New FMLA Regulations with Connecticut FMLA Rules
Posted in Human Resources (HR) Compliance, Laws and RegulationsThe Connecticut Department of Labor late today posted brand-new guidance (available here) comparing the new federal FMLA regulations with the existing Connecticut regulations. For employers struggling to adopt the new FMLA regulations with Connecticut’s FMLA rules, this document is a must-read because there are some very real and significant differences now that will arise — at least… Continue Reading
Tips from Presentation on New FMLA Regulations: Forms, Links & FAQ
Posted in Human Resources (HR) Compliance, Laws and RegulationsUPDATED 1/16/09 We had a great turnout today for our breakfast roundtable on the new FMLA regulations. I want to particularly thank several blog readers for coming. But in case you missed it, you’re not out of luck. Here’s some of what we discussed and what you need to know for Friday – the date… 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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