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: fmla
BREAKING: DOL Proposes New FMLA Rules Impacting Military Leave
Posted in Laws and Regulations, Wage & HourThe Department of Labor today proposed new regulations of the FMLA that would explain further the military family leave provisions and incorporate some special provisions for airline flight crews. The new proposed regulations are in response to the National Defense Authorization Act for Fiscal Year 2012 which amended the FMLA to extend the military caregiver… Continue Reading
It’s 2012 – Are You Ready For Paid Sick Leave?
Posted in Human Resources (HR) Compliance, Laws and RegulationsIt’s finally here: Paid Sick Leave. Connecticut officially became the first state in the nation to mandate this on Sunday. Depending on your perspective, it’s either a historic achievement or another sign that Connecticut is anti-business. I’ve talked about this extensively over the last six months so I’m not going to repeat the summaries here…. 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
More Publicity for Sick Leave Bill’s “Sleeper” Provision
Posted in Human Resources (HR) Compliance, Laws and Regulations, Legislative DevelopmentsPower is still out to big parts of the state, but here in Hartford, power is on and life continues. And so must the blog… Back in June, when the Connecticut General Assembly approved of the paid sick leave bill, I was quick to note that the retaliation provisions in the bill seemed to apply… 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
Quick Hits: HR & Social Media Podcast, Class Actions, GPS & FMLA, Shadow Cities
Posted in Class Actions, Human Resources (HR) Compliance, Social MediaThe Dog Days of Summer are officially here. Which means slow news items in the employment law area. Oh sure, there’s the labor unions rewriting their bylaws to get the concession package passed (the equivalent of a mulligan in the Masters). But with Connecticut’s legislature done for the year and the courts slowing down, there’s… Continue Reading
Legislative Update: Workplace Violence & Bullying; Public Employee FMLA Leave; Captive Audience; Paid Sick Leave; Criminal Records; Credit Reports
Posted in Legislative DevelopmentsThe Connecticut General Assembly is in full swing with the budget dominating the discussion. But expect to hear of several high-profile bills continuing to make their way through the legislature. Here is a brief update on a few of them: Last week, the House unanimously passed H.B. 5174 which deals with workplace violence in the… Continue Reading
Connecticut Department of Labor Requires Larger Employers to Fill Out FMLA Report
Posted in Laws and RegulationsUPDATED 1/20/11 Filling out forms ranks right up there with going to the dentist for me. (Don’t tell him I said that.) I suspect I’m not alone. Which is why I’m sheepish about reminding employers that the Connecticut Department of Labor requires that employers with 75 or more employees as of a date certain, must… 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
Additional Guidance on New GINA Regulations Provided by the EEOC
Posted in Laws and RegulationsThe EEOC recently posted some additional guidance related to the new GINA regulations that it released that will become effective in January 2011. For small businesses, the guidance will be very helpful as companies plot their course to compliance. One document provides some additional background material on the law while the other document answers… Continue Reading
Quick Hits: Obesity and ADA; Facebook Fishing; Voting Rights; FMLA Call-In Procedures; Personnel Records; “Survivor”
Posted in CHRO & EEOC, Human Resources (HR) Compliance, Laws and Regulations, Wage & HourWith the Columbus Day holiday upon us, it’s time for another installment of "Quick Hits" where I touch on posts and topics of interest that you might have missed recently. Take note of the last post to "Outwit. Outplay. Outlast." The GT LE Blog has an interesting post on whether obesity is a physical characteristic or… Continue Reading
Complications: The Interplay Between the Family Violence Leave Law & White-Collar Exemptions
Posted in Laws and Regulations, Wage & HourWhen new laws get passed, the complications that arise from the passage aren’t immediately clear. But a look at Connecticut’s new family violence leave provisions (effective October 1, 2010) demonstrates how some of those complications are now making themselves apparent. As you may recall, the new Family Violence Victim leave law permits employees to take… 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
Senator Dodd’s Legacy With Employers Is Clear: Family and Medical Leave Act
Posted in Human Resources (HR) Compliance, Laws and Regulations, Legislative DevelopmentsRegardless of your political leanings, Senator Chris Dodd — who announced on Wednesday that he will not seek re-election this November — may long be remembered by employers as the Senator instrumental in the passage of the federal Family and Medical Leave Act. Indeed, in 1993, he authored the FMLA bill that was later… Continue Reading
FMLA Getting Tweaked Today Under New Bill Creating A New Challenge for Conn. Employers
Posted in Laws and Regulations, Legislative DevelopmentsEarlier this afternoon, President Obama signed the National Defense Authorization Act of 2010. By doing so, he approved of several changes to the FMLA . But before you rip up your existing FMLA policies, the provisions relate to the military-related leaves under the Act. (H/T Ohio Employer’s Law Blog) The changes as a whole expand the… 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
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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