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

Tag Archives: ctfmla

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

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

For Same-Sex Couples: If You’re Married in CT, You Have a ‘Spouse’ Under FMLA

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

Back in June, after the Supreme Court’s ruling on same-sex marriage, I made a fairly easy prediction: The federal FMLA is also anticipated to undergo some pretty big changes in states that approve same-sex marriages. Already in 2010, the FMLA regulations suggested that married same-sex couples could take time off to care for a newborn… Continue Reading

What Changes for Employers in Connecticut After Supreme Court’s Ruling…And What Doesn’t

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

Yesterday, the U.S. Supreme Court struck down a key provision of the Defense of Marriage Act.  The SCOTUSBlog has done an admirable job with the recaps and if you want more information about that decision, you should really go there first. But the immediate impact of the decision is that it changes all the 1000+… Continue Reading

Spring Cleaning: Time to Update Some FMLA and I-9 Forms & Posters

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

For lawyers, anytime there’s a change, it seems to be a big deal. But for employers, change is inevitable and part of business.  Indeed, if a new poster is required by employers, most employers simply shrug and order a new poster on the internet through a site like Gneil.com. My colleague, Jon Orleans (fresh off his… 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

Connecticut’s “Reasonable Leave of Absence” for Disability Resulting from Pregnancy

Posted in Discrimination & Harassment, Highlight, Laws and Regulations, Uncategorized

Last week, Attorney Robin Shea of Employment & Labor Insider proposed 10 rules of etiquette that “will save you from a pregnancy discrimination suit”.  Rule No. 1? Pregnancy is always good news.  Always. Always. Always. If you haven’t read it, I’ll wait. There are lots of rules regarding pregnancy that may come into play including FMLA,… Continue Reading

Intermittent Leave for Foster Care & Adoption? Only If Employer Approves

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

I’ve said it before many times: One reason employment law is so interesting is that just when you think you’ve figured things out, you can rediscover little quirks in the law that you may have overlooked on first glance. My latest example came last week when an out-of-state lawyer and friend called me to discuss a legal concept. … Continue Reading

Breaking: Conn. Supreme Court Holds CTFMLA Applies Only If Employer Has 75+ Conn. Employees

Posted in Laws and Regulations, Litigation, Wage & Hour

The Connecticut Supreme Court this week issued its decision in Velez v. Commissioner of Labor. The decision, which has been long-awaited, holds that the Connecticut Family and Medical Leave Act applies only to employers that have 75 or more Connecticut employees. In practical terms, this means that large employers with small Connecticut locations will not… Continue Reading

Evolution of a Benefit:Use of Paid Sick Leave by Employees Who Aren’t Sick Themselves

Posted in Laws and Regulations

While I take a little time off this week for the Jewish holidays, my colleague Mick Lavelle fills in with this great post about the use of paid sick leave by employees who aren’t actually sick.  When can an employee receive sick leave pay even though the absence is not due to the employee’s own… Continue Reading

Beyond the Acronyms of CTFMLA, CHRO, and PSL, Lots of Substance Discussed at CBA Annual Meeting

Posted in CHRO & EEOC, Laws and Regulations, Wage & Hour

Following up on her post last week recapping part of the Connecticut Bar Association’s Annual Meeting on labor laws, Guest Poster Rita Trivedi is back with highlights from administrative law and employment law portions of the presentation. Again, my sincere thanks to her for this insightful post. I hope you all find it as interesting… Continue Reading

Legislative Update: Personnel Files, Minimum Wage, Payroll Cards, CTFMLA, Unemployment Discrimination

Posted in Discrimination & Harassment, Legislative Developments

The General Assembly is always full of surprises.    It’s the busy season for the Connecticut legislature and a number of employment-law related proposals are still “alive”.  (I use “alive” in the generic sense because the bills have merely passed committee; whether they will end up getting voted on is an entirely different question. For further updates… Continue Reading

Connecticut Supreme Court Hears Arguments on Hostile Work Environment and CTFMLA Cases

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

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

Municipalities Get Ready: Paid Sick Leave Applies to You Too

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

One 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, Litigation

Here’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 Regulations

In 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) Compliance

Yesterday, 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) Compliance

25 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) Compliance

During 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 Regulations

The 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 Litigation

My 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 & Hour

UPDATED 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 & Hour

Yesterday’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