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
Tag Archives: employer
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
Hurricane Preparedness in Connecticut: Come On Irene?
Posted in Highlight, Human Resources (HR) Compliance, Manager & HR Pro’s Resource CenterUPDATED: The official hurricane forecast as of early Wednesday morning has Connecticut squarely in the path of Hurricane Irene. Now is the time to start following the news and begin initial preparations for a possible storm. Although we’re still many days away, the weather forecasters are starting to sound the alarm of a possible major… Continue Reading
Marijuana is Decriminalized, But Employers Can Still Ban Workers From Using It
Posted in Human Resources (HR) Compliance, Legislative DevelopmentsLast week, the General Assembly approved of reduced penalties for people caught with relatively small amounts of marijuana in their possession. Notice the use in the title of the word “decriminalize”; that is a different term than “legalize”. This raises the obvious question: Can employers in Connecticut still regulate and ban employee usage of marijuana?… 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
General Assembly Approves Ban on Use Of Credit Reports by Employers
Posted in Human Resources (HR) Compliance, Legislative DevelopmentsIn the last flurry of action, the Connecticut House last night approved Senate Bill 361, which bans the use of credit reports in hiring and promotions, in certain situations by certain employers. The bill had previously been approved by the state Senate. I recapped the bill in detail a few days ago. There are a… Continue Reading
Your Company Firewalls Are Meaningless to Your Employees. Time for a Plan B.
Posted in Human Resources (HR) ComplianceFor over a decade, companies have relied on increasingly sophisticated software firewalls to ensure that sensitive company information is secured. But the firewalls have a second important feature: Preventing employees from using company computers to send inappropriate information or view parts of the Internet that are known in today’s parlance as “Not Safe For Work”…. Continue Reading
Another Look at Mandatory Retirement Policies at Law Firms
Posted in Human Resources (HR) ComplianceIn this week’s Connecticut Law Tribune, employment lawyer Gary Phelan revisits an old post that I did way back in March 2008 about mandatory retirement policies at law firms. Back then, I noted the strange disconnect that sometimes exists between law firms and clients. Why? Because historically, law firm partners have been treated as owners… Continue Reading
Conn. Supreme Court Rejects Hybrid Duty of Fair Representation Claim Without Exhaustion of Administrative Remedy
Posted in LitigationThe Connecticut Supreme Court, in a decision to be officially released next week, has ruled that a municipal employee’s hybrid duty of fair representation claim against his or her union and the employer , must be brought to the State Board of Labor Relations first, and not directly to Superior Court. The case, Piteau v…. Continue Reading
Floods and Disasters: Employer Preparedness
Posted in Human Resources (HR) ComplianceWith the river flooding that has been going on in Connecticut the last week and the forecasts for a tough spring, I had originally scheduled this post to discuss emergency preparedness for employers and how employers should deal with employees affected. Flooding is nothing new in Connecticut before and with more flooding expected, it seemed… Continue Reading
Back Again? After Remanding Case Once, Second Circuit This Time Finds for Employer on First Amendment Claims
Posted in LitigationIn broad terms, the First Amendment prohibits public employers from retaliating against employees who engage in "protected speech". (Connecticut has a statute, Conn. Gen. Stat. Sec. 31-51q that purports to apply the First Amendment to private employers too.) But proving these cases remains difficult for employees. And even victories may later end up as defeats… Continue Reading
A Minute to Lose It: Why Every Health Care Professional Needs to Have a Social Media Policy. Now.
Posted in Human Resources (HR) Compliance, Social MediaHeard of the popular show, "A Minute to Win It"? Well to borrow from the title, for health care professionals (doctors offices and hospitals in particular), you’re playing a much more dangerous game "a Minute to Lose It". What is "it"? It is patient data. And right now it continues to be at risk every… Continue Reading
The Office Holiday Party – Alcohol-Induced Stupidity Can Lead to Serious Sexual Harassment Claims
Posted in Discrimination & Harassment, Human Resources (HR) ComplianceUPDATED There are no statistics out there to prove this point, but the traditional office holiday party has to be among the top places where claims of sexual harassment and hostile work environment start. Indeed, just a cursory look at some federal employment cases shows a common thread that run through each of them: alcohol-induced… Continue Reading
The Bottom Line on GINA: Employers Need to Engage “Safe Harbor” Provisions
Posted in Laws and RegulationsEarlier this week, I offered some initial thoughts about the new GINA regulations that will become effective in January 2011. After time this week to digest the regulations and review the analysis of others, here is the bottom line for employers in Connecticut. These regulations — as with GINA itself — apply only to employers with 15… Continue Reading
What Might Be The Impact of the State Elections on Connecticut Employers? Mandatory Paid Sick Leave
Posted in Legislative DevelopmentsThere’s been plenty written about what the impact of the federal elections will be on national legislative efforts. While at an ABA Conference last week, various legislative initiatives concerning independent contractors and the Employee Free Choice Act were now seen as as DOA. But in Connecticut, we elected the first Democrat as Governor in over two… Continue Reading
An Employer’s Guide to Elections: Time Off For Voting in Connecticut And Threats
Posted in Human Resources (HR) ComplianceElection Day is nearly upon us. Next Tuesday, hundreds of thousands of Connecticut residents will take to the polls from 6 a.m. to 8 p.m. to vote for their favorite candidate…or at least the one that they dislike the least. You can find out where you should vote at this easy to use link. Any… Continue Reading
Being a Real “Undercover Boss” In Connecticut
Posted in Human Resources (HR) ComplianceLast night, I caught a glimpse of CBS’ hit show "Undercover Boss". The premise of the reality show is simple: A CEO goes "undercover" in the workplace to see what’s "really" happening. In last night’s episode, the CEO of Frontier Airlines went behind the scenes to, among other things, remove human waste from airplane bathrooms. Putting… Continue Reading
Columbus Day is Coming. And Most Employers are Open.
Posted in Human Resources (HR) ComplianceOver the last few years, I’ve been running a popular post about Columbus Day and the origins of the work holiday in Connecticut. Indeed, it has its foundation as a federal holiday and is listed in the United States Code (5 U.S.C. Sec. 6103). Columbus Day is officially on October 12th (celebrating Columbus arrival on… Continue Reading
Connecticut Department of Labor Employer Breakfast Series Continues
Posted in Wage & HourThe Connecticut Department of Labor is renewing its breakfast series for employers next month with a timely presentation on the difference between independent contractors and employees. Carl Guzzardi, U.C. Director of Accounts for the U.I. Tax Division, and Resa Spaziani, Field Supervisor for the Wage & Workplace Standards Division from the CT Labor Department are… Continue Reading
Family Violence Victims Officially Get New Workplace Protections on Friday
Posted in Laws and RegulationsEach year, the Connecticut General Assembly passes a number of laws. Rather than have them enacted immediately upon the governor’s signature, many of the bills become effective on October 1st of that respective year. I followed several workplace bills earlier this year but most never made it very far. One bill did and it gives new… Continue Reading
Appellate Court: Trial Court Was Wrong To Deny Summary Judgment Without Oral Argument on Res Judicata Issue
Posted in LitigationThere is an unspoken truth about the Superior Courts in Connecticut: Summary judgment for employers in employment-related claims is typically a long shot. Of course, there are exceptions to the rule. A case to be released by the Connecticut Appellate Court next week shows the difficulty but also shows that at least with regard to… Continue Reading
Hurricane Preparedness for Connecticut Employers: Guidelines to Follow and Remembering the Great Floods of ’55
Posted in Human Resources (HR) ComplianceSome of the long-range computer weather models have been forecasting that the next few weeks will become quite active in the tropics. For those on the East Coast and Connecticut, that can only mean one thing: Let the hurricane watching, speculating, and hyperventilating begin. It’s not necessarily a theoretical issue either. Today marks the 55th anniversary… Continue Reading
The Basics: Background Checks in Connecticut
Posted in Human Resources (HR) Compliance, Laws and RegulationsIf you’re wondering if the applicant you’re planning on hiring is a closet Justin Bieber fan or a Russian spy, odds are that a background check won’t uncover that information. What is may, uncover, however is whether that applicant has been arrested for say, vomiting on a police officer’s kid at a baseball game …. 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
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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