Are you tired hearing about Paid Sick Leave (PSL) yet? Well, be prepared for a lot more because the more we delve into the law the more we all discover little nuances that weren’t readily apparent at the start. As a result, there’s a bit of finessing going on. At last night’s CBA Labor &… Continue Reading
Tag Archives: guidance
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
The Paid Sick Leave Issue That May End Up In Court
Posted in Highlight, Human Resources (HR) Compliance, Laws and Regulations, Manager & HR Pro’s Resource Center, Wage & HourYesterday, I discussed the carryover rule that requires employers to allow service workers to carry over up to five days of paid sick leave each year. But a loyal blog reader posed the following question to me: Suppose you are an employer that voluntarily offers 12 paid time off (PTO) days at the start of… Continue Reading
Get Ready for Some Lifting on Paid Sick Leave Carryover Rules
Posted in Human Resources (HR) Compliance, Laws and Regulations, Manager & HR Pro’s Resource Center, Wage & HourWe continue with our series of posts (see prior posts here, here, here, and here) on the new Paid Sick Leave Guidance issued by the Connecticut Department of Labor earlier this month. Today’s post focuses on the “carryover” rules. Another issue that the Paid Sick Leave addresses is the “carryover” rules — or how much… Continue Reading
How Do You Count 680 Hours? Carefully, Says New Paid Sick Leave Guidance
Posted in Highlight, Human Resources (HR) Compliance, Laws and Regulations, Wage & HourLast week, I touched on a few aspects of the new Paid Sick Leave Guidance that was released by the Connecticut Department of Labor. (For prior posts, see here, here and here.) Today, I continue to discuss the guidance with a look at when service workers can start using accumulated paid sick leave. One of… Continue Reading
Butchers & Bakers Are Covered by Paid Sick Leave Guidance; Not Candlestick Makers
Posted in Highlight, Human Resources (HR) Compliance, Laws and Regulations, Manager & HR Pro’s Resource Center, Wage & HourThis is the second in a series of posts on the new Paid Sick Leave Guidance from the Connecticut Department of Labor. Back in June, I discussed who is a “service worker” under the new Paid Sick Leave law. It is a detailed list that includes butchers and bakers but not candlestick makers. It’s not… Continue Reading
Not All Manufacturers Exempt Under Paid Sick Leave Guidance
Posted in Highlight, Human Resources (HR) Compliance, Laws and Regulations, Manager & HR Pro’s Resource Center, Uncategorized, Wage & HourWhen I reviewed the Paid Sick Leave Guidance released Friday by the Connecticut Department of Labor, I happened to be in Chicago for the day. And where should I pass by? But Harry Caray’s. The renowned Cubs broadcaster’s catchphrase was “Holy Cow!” And that phrase was stuck in my head for the weekend. Why? Because… Continue Reading
BREAKING: Connecticut DOL Issues Guidance and Poster on Paid Sick Leave
Posted in Featured, Human Resources (HR) Compliance, Laws and Regulations, Wage & HourThe Connecticut Department of Labor has issued its long-awaited guidance this morning on the new Paid Leave Law that becomes effective on January 1, 2012. You can download the CTDOL’s guidance here. My cursory review of the guidance indicates that it answers some questions that have been floating out there — albeit in ways that… Continue Reading
FAQ on Applying Performance Standards to Employees with Disabilities
Posted in CHRO & EEOC, Discrimination & Harassment, Highlight, Human Resources (HR) Compliance, Laws and Regulations, Manager & HR Pro’s Resource CenterAt the core of every employment relationship is the expectation that the employee will perform the job satisfactorily. But what happens to those performance expectations when an employee has a disability? As the federal government has acknowledged, The Americans with Disabilities Act, which prohibits “employment discrimination against qualified individuals with disabilities, generally do[es] not impinge… Continue Reading
Family Responsibilities Discrimination (FRD): The Next Big Field in Employment Law?
Posted in CHRO & EEOC, Discrimination & Harassment, Human Resources (HR) Compliance, Laws and RegulationsYesterday, I had the opportunity to speak to the Fairfield County Bar Association on the burgeoning field of Family Responsibilities Discrimination (FRD, for short). It is also known at times as Caregiver Discrimination. In essence, it is a cross-disciplinary practice that looks as various statutes like Title VII, the Pregnancy Discrimination Act, FMLA, ADA and… 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
Podcast on Internships: What Employers Need to Know
Posted in Wage & HourWith the Department of Labor’s crackdown on unpaid interns continuing this year (for background, see my prior post), it seems appropriate to delve into the topic in some more detail. Fortunately, I’ve been asked to join The Proactive Employer in a podcast on the topic on Friday morning. Details and signups are available here. … Continue Reading
Mortgage Loan Officers Are Not Exempt (Anymore) From Overtime Rules, Says DOL
Posted in Laws and Regulations, Wage & HourThe United State Department of Labor has begun issuing administrator interpretations, which are intended to provide guidance to employers and employees on various issues from time to time. They have not been used n the recent past, but a new one yesterday shows that this is changing. Specifically, the DOL has released an interpretation of… Continue Reading
Prediction Revisited: Paid Sick Leave Bill Appears at Congressional Level — as Response to H1N1 Flu
Posted in Legislative DevelopmentsWay way back on April 28th of this year, I wrote a simple post entitled "Paid Sick Leave Bill Moves Forward; Will Swine Flu Be Tipping Point"? Back then, the Connecticut General Assembly was debating a Paid Sick Leave bill and one of the groups supporting the measure used the swine flu (H1N1) outbreak as… Continue Reading
The Swine (H1N1) Flu & The Workplace – An Update on What Employers Need to Know Now
Posted in Human Resources (HR) ComplianceWith the swine (H1N1) flu vaccine production running slower than anticipated, the hope that workplaces would avoid the full effects of a pandemic is slowly diminishing. Interesting, Connecticut is one of just 9 states that are not reporting a widespread swine flu outbreak (perhaps because the first wave hit the state fairly hard). … 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
CDC Releases Updated Swine Flu Guidance for Businesses and Employers; An Update on What Employers Need to Know
Posted in Human Resources (HR) ComplianceWith a new wave of swine flu (H1N1) predicted to hit in the upcoming weeks. the Centers for Disease Control released new updated guidance yesterday for employers with recommended actions for businesses to take. (H/T Ohio Employer’s Law Blog) The guidance can be found in two documents: Guidance for Businesses and Employers to Plan and… Continue Reading
DOL Issues Fact Sheet on Furloughs Providing Needed Guidance to Employers Facing Tough Times
Posted in Human Resources (HR) Compliance, Laws and Regulations, Wage & HourLast month, I discussed the topic of furloughs, which have become an attractive option to employers in lieu of layoffs. Recently, the United States Department of Labor issued a "fact sheet" that provided additional guidance for employers to some frequently asked questions on the topic. As the Employer Law Report said, "While the fact sheet contains no… Continue Reading
Preparing for Swine Flu’s “Second Wave” – Is Your Workplace Ready?
Posted in Human Resources (HR) ComplianceThe Washington Post has a sobering article out this morning about the expected return of swine flu (H1N1) virus in the upcoming weeks. Indeed, the experts cited in the article basically state that it’s not a matter of "if", but "when" this second wave will hit. While flu viruses are notoriously capricious, making any firm… Continue Reading
Update: H1N1 Influenza (Swine Flu) – What Employers Need to Know Now to Keep Their Workplace Sane and Safe
Posted in Human Resources (HR) ComplianceSince my first post on H1N1 Influenza (a.k.a. Swine Flu, 2009 Flu, Mexican Flu — or whatever else the CDC or WHO is now calling it — [see UPDATE below on the preferred usage of the term H1N1]) on Sunday, nearly every media outlet has eitherhyped or overhyped the crisis. I’ve waited until week’s end to try… Continue Reading
EEOC Releases “Best Practices” for Workers with Caregiving Responsibilities
Posted in CHRO & EEOC, Discrimination & Harassment, Human Resources (HR) Compliance, Laws and RegulationsThe EEOC issued new technical guidance for employers this week to provide them with some direction on how to deal with workers with caregiving responsibilities. The document, "Employer Best Practices for Workers with Caregiving Responsibilities," is available online here supplements previous guidance entitled "Unlawful Disparate Treatment of Workers with Caregiving Responsibilities". As stated by… Continue Reading
QUICK UPDATES: WWE Lawsuit, Transgender Litigation, Verdicts on the Rise, Religious Discrimination, and a Special Thanks
Posted in Discrimination & Harassment, LitigationThe Jewish holidays starting tonight encourage reflection. So, it seems particularly appropriate to do some quick updates on earlier posts: The lawsuit against WWE by three wrestlers continues to move very slowly. Early press reports by another source suggested that WWE would be moving quickly to respond to the claims; they aren’t. WWE asked for an extension of time… Continue Reading
New EEOC Guidance Raises Questions About Post-Termination Duty to Accommodate in Connecticut
Posted in CHRO & EEOC, Discrimination & Harassment, Human Resources (HR) Compliance, Laws and Regulations, LitigationNearly six months ago, a landmark ruling by the Connecticut Supreme Court held that Connecticut’s anti-discrimination laws required employers to provide a reasonable accommodation to disabled workers, much like the federal counterpart, the ADA. As I noted in an earlier post about the case, Curry v. Allen S. Goodman, Inc., the Court suggested that the employer had a… Continue Reading
EEOC Issues FAQs for Employees and Employers on Performance/Conduct Issues Under the ADA
Posted in CHRO & EEOC, Discrimination & Harassment, Human Resources (HR) Compliance, Laws and RegulationsThe EEOC today released a "comprehensive question-and-answer guide" (but not regulations) addressing how the Americans with Disabilities Act (ADA) should be applied to a wide variety of performance and conduct issues. You can download the FAQs at their website here. In a press release accompanying the document, the EEOC noted that it released the guide in response to questions from… 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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