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: employee
What Would The NLRB Think of Apple’s Social Media Policy?
Posted in Labor Law & NRLB, Social MediaThis morning, I had the opportunity to talk with members of the Greater Valley Chamber of Commerce about social media and the law. My thanks to that organization for the invitation. We talked for a while about the National Labor Relations Board’s stance on broad social media policies — something which I’ve discussed many times… Continue Reading
An Employer Bill of Rights? Well, Not Exactly, But….
Posted in Human Resources (HR) Compliance, Labor Law & NRLB, Laws and RegulationsI was hoping that fellow blogger, Jon Hyman (of Ohio Employer’s Law Blog fame), and I would get to make another World Series bet. Unfortunately, his team (the Phillies) and mine (the Yankees) are both watching the World Series from some tropical poolside bar. But it gives me an excuse to cite to a recent… Continue Reading
Connecticut Part of New Governmental Pact on Employee Misclassificiation
Posted in Highlight, Laws and Regulations, Wage & HourWith all the publicity about paid sick leave (effective January 1, 2012 — you’re ready, right?), it’s important not to forget that there are plenty of other employment laws that employers have to consider. Over the last few years, there’s been more agency enforcement centered around employee misclassification — that is treating “real” employees as… Continue Reading
Employer Who Fired Returning Reservist Did Not Violate USERRA
Posted in Laws and Regulations, LitigationUSERRA (quick, name that acronym, answer down below) is a oft-misunderstood federal statute that addresses employment issues for reservists and active duty members of the armed forces. A recent Second Circuit decision (Hart v. Family Dental Group, decided May 31, 2011), arising from a federal court filing in Connecticut demonstrates the difficulties employers may have… Continue Reading
Paid Sick Leave Bill’s Anti-Retaliation Provisions Broader Than Just “Service Workers”
Posted in Highlight, Human Resources (HR) Compliance, Legislative Developments, Manager & HR Pro’s Resource Center, Wage & HourRemember how I indicated that most of the paid sick leave bill covers only “service workers”? That’s true, but there is a big exception that hasn’t been mentioned much elsewhere. Indeed, employers who have 50 or more employees should beware: The new Paid Sick Leave bill’s anti-retaliation provisions may cover all employees, not just the… Continue Reading
The State of the Employment Law Practice – “Boom Times” for the NLRB
Posted in Labor Law & NRLB, LitigationThe new and improved Connecticut Bar Association Annual Meeting went off without a hitch on Monday, chock full of information about labor & employment law. Besides my seminar on the intersection of social media and employment law, the CBA held a forum in the afternoon on the "Practice of Labor & Employment Law in the Current Economy:… 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
Quick Hits: Unpaid Interns, Employee E-mail Privacy, LinkedIn Recommendations, Advice from the “Enemy”, Retaliation, The “Restroom Issue”
Posted in Discrimination & Harassment, Human Resources (HR) Compliance, Litigation, Wage & HourWith my work on the Law & Technology Symposium for the Connecticut Bar Foundation last week, there are several employment law topics that I haven’t had time to discuss in full. While I’ve shared some of these links via my Twitter feed (which you can find at twitter.com/danielschwartz), I thought I would recap some of… Continue Reading
Five Questions with… Mathew Krukoski, CPA on Employee Benefit Plan Audits
Posted in Human Resources (HR) ComplianceContinuing our occasional series of interviews with people of interest to human resource professionals in Connecticut, today we talk with Mathew Krukoski, CPA of J.H. Cohn’s Glastonbury, CT offices. Matthew is a Partner there and we had the opportunity to talk about the importance of having auditors review employee benefit plans, particularly as that… Continue Reading
Do You Really Want To Take on the 350 Million Pound Gorilla in the Room?
Posted in LitigationSo, you’re an employer and you’ve just been sued for disability discrimination. Allegedly, you fired an employee who was out of work without a legitimate reason. You had heard grumblings that the worker had actually taken a four-day weekend in Vail but never had definitive proof, so you just relied on the no-call/no-show policy to… Continue Reading
Connecticut Supreme Court Answers the Question of Who is an “Employee” Under Unpaid Wage Law
Posted in Human Resources (HR) ComplianceThe Connecticut Supreme Court today addressed the issue of who is an "employee" under a provision of the state’s unpaid wage law that allows individuals to institute a civil action. (Conn. Gen. Stat. Sec. 31-72). That statute basically says that when wages aren’t paid under some other provisions (sections 31-71a to 31-71i), the employee may… Continue Reading
2d Circuit Rules Employee’s Motive is Not Relevant to Determining Whether Speech is Protected by First Amendment
Posted in LitigationTo borrow an oft-quoted phrase, it is commonly understood that public employees do not shed their constitutional rights at the workplace entrance. Indeed, the U.S. Supreme Court has held that employees have the right to speak out on matters of "public concern" without retribution, based on First Amendment protections. But one question that has arisen… Continue Reading
Update: District Court Throws Out Wrestlers’ Lawsuit Against WWE (Again)
Posted in Class Actions, Litigation, Wage & HourBack in February, a federal court in Connecticut dismissed a lawsuit brought by three former wrestlers who contended, among other things, that they were improperly classified as independent contractors. The case garnered national attention (see, for example, this post by Zach Lowe at The American Lawyer) for a variety of reasons, including the disclosure of… Continue Reading
Conn. Supreme Court Allows Laid Off State Employees to Proceed with Suit Saying Issues of “Motive” Remain
Posted in LitigationThe Connecticut Supreme Court, in a decision to be officially released next week, ruled Wednesday that several state workers can proceed with their claims that they were fired for political reasons in January 2003. The decision in Conboy v. State of Connecticut (download here), arises from the state’s decision in early 2003 to layoff over… Continue Reading
Access to Employee Restrooms Bill Moves to the House Floor For Possible Consideration
Posted in Legislative DevelopmentsA bill which would allow individuals with certain medical conditions access to private employee restrooms in retail establishments was reported out of the Legislative Commissioner’s Office and approved by various committees on Tuesday. House Bill 6328 (download here) states that "Any retail establishment that has a restroom for employee use, which typically does not permit… Continue Reading
The Blackberry Issue: How PDAs Can Create Serious Wage and Overtime Issues
Posted in Human Resources (HR) Compliance, Wage & HourI love my Blackberry Bold. And I know many others that praise the virtues of an iPhone or other PDA device. But recently, questions have been raised about the use of these devices by non-exempt employees — in other words, those employees who are eligible to receive overtime. If these employees are reviewing their messages outside of… Continue Reading
USCIS Delays Implementation of New I-9 Forms Until At Least April 3, 2009
Posted in Human Resources (HR) Compliance, Laws and RegulationsIn a last minute notice and delay, United States Citizenship and Immigration Services announced that it is postponing, until April 3, 2009, the implementation of a new I-9 form and a revised list of acceptable documents to determine employment eligibility. (For background, you can find my most recent post on the form here.) The new… Continue Reading
New Year, New Laws: What New Connecticut Laws Should Employers Be Aware Of
Posted in Laws and RegulationsJanuary 1st brings lots of things – resolutions, fresh starts, and, inevitably, the occasional letter with a 2008 year written in, instead of 2009. But traditionally, it also marks the effective date for a few more Connecticut laws. (October 1st is also a big date for many new laws). So what does January 1st bring… Continue Reading
WWE Lawsuit Update: What You Need to Know
Posted in LitigationMy post on the WWE lawsuit involving three former wrestlers known as Raven, Kanyon and Mike Sanders has drawn extraordinary interest. (Although I used to follow things when I was younger — Jimmy "Superfly" Snuka was among my favorites — I must say I haven’t followed it closely lately.) But along with the interest, I’ve seen rampant speculation… Continue Reading
Using Social Networking Sites for Employment Screening; Is there a Right Answer?
Posted in Human Resources (HR) ComplianceOver the last couple of days, an interesting debate has emerged about whether employers should use social networking sites like Facebook and Myspace to "screen" potential employees. One corner, supported by the Delaware Employment Law Blog, argues that there are some real and tangible benefits to using the sites, as long as they are used… Continue Reading
Not So Fast: Connecticut Employers Have Restrictions Regulating Smoking Outside the Workplace
Posted in Human Resources (HR) Compliance, Laws and Regulations, Wage & HourThere’s been a lot of talk of late of a "trend" beginning where employers are taking stock of employees health habits, particularly smoking. Some employers are even considering a "smoke screen", per this story and this followup as well. Some other background on employers and smoking policies can be found here, and here. While employers have… Continue Reading
Dirty Laundry: Airing Employee Grievances Online…And Around the World
Posted in Human Resources (HR) ComplianceGive us Dirty Laundry! — Don Henley, "Dirty Laundry" The Eagles singer may have been talking about the media over 25 years ago when he released his hit single, "Dirty Laundry", but the lyrics and message could be applied just as easily today to online message boards. They have all the same criteria that Henley… Continue Reading
Stereotyping Companies: Some Lawsuits Just Seem More Believable Than Others
Posted in Discrimination & Harassment, Human Resources (HR) ComplianceHere’s an unsettling thought: Some lawsuits against employers just seem more believable than others. I’m unsettled by that thought because it suggests that there are built-in stereotypes with companies. And, working in the employment law area, we all strive to ensure that stereotyping of employees becomes a thing of a past and that employers judge… 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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