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

Tag Archives: guidance

The “Association” Game: How a Spouse’s Cancer May be Covered by the ADA

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

Last week, we talked about an employer’s obligations when it comes to an employee who has cancer. But what about an employee’s spouse? Does the employer have any legal obligations there? Let’s start first with a story: Jake and his supervisor, Alex, have had a great working relationship but lately, things seems to have changed. At least… Continue Reading

EEOC Declines a “Pregnant” Pause; New Guidance Awaits Supreme Court Decision

Posted in CHRO & EEOC, Discrimination & Harassment, Highlight, Human Resources (HR) Compliance, Laws and Regulations, Legislative Developments

Last week, my colleagues Peter Murphy and Harrison Smith, offered to write about the latest developments in the law regarding pregnancy.  The post was scheduled to come out today, when, much to our surprise, the EEOC yesterday afternoon released long-awaited guidance on the subject. So much for that post! After a quick rewrite last night,… Continue Reading

Background Check Documentation (Printed and Online) Under Renewed Scrutiny

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

If you’re like most employers that do background checks, you probably haven’t thought twice about the documentation you use for it. Perhaps you’ve copied some standard language you’ve found off the Internet (not that there is anything necessarily wrong with that), or maybe you’ve just used a form that has been handed down from one… Continue Reading

Major Retailer Bans Use of Criminal History as Factor in Job Applications

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

In various posts, I’ve talked about how there is a slow but increasing trend to encourage employers to “ban the box” when it comes to job applications. That catchy (yet non-descriptive phrase) refers to a checkbox that is often found on job applications that asks applicants if they have any criminal convictions. The news this… Continue Reading

Why Don’t You Get Paid For Time Spent Traveling From Home To Office?

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

From time to time, there are various questions that keep recurring in the labor & employment law area.  One of them is in the area of travel time for non-exempt employees. (For exempt employees, they get paid a fixed salary no matter how much time they work or travel.) The easiest question to answer is… Continue Reading

Breaking: New NLRB Guidance on Social Media Policies

Posted in Human Resources (HR) Compliance, Labor Law & NRLB, Social Media

The NLRB today released new guidance on what is appropriate for employers to include in their social media policies.  You can download the guidance here. I’ll have more on the guidance in a post later but in my quick read of the guidance, I was struck by three things: 1) Employers that have attempted to… Continue Reading

NLRB Suspends New Election Rules After Court Ruling

Posted in Labor Law & NRLB, Laws and Regulations

Life moves pretty fast. If you don’t stop and look around once in a while, you could miss it. – Ferris Bueller Well, did you miss it? Just as people were settling down to the NLRB’s new speedy election rules this month, events over the last two days have completedly upended that. First was the Court action…. Continue Reading

Interns: Assign Real Work or Menial Tasks? Neither, says The New York Times

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

Back in 2010, at the same time the U.S. Department of Labor was making a big publicity push on its interpretation of rules regarding unpaid interns, the New York Times ran piece noting how employers were skirting the law when it came to internships: The Labor Department says it is cracking down on firms that… Continue Reading

EEOC Releases Important Guidance on Use of Criminal and Arrest Records By Employers

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

The EEOC yesterday released important new guidance for employers on the use of arrest and conviction records by employers under Title VII.  You can read the guidance here as well as a short question-and-answer document too.  For employers in Connecticut, this new guidance only adds to the state-specific rules we have here in state and should… Continue Reading

More Answers (and Questions) Regarding Paid Sick Leave

Posted in Human Resources (HR) Compliance, Wage & Hour

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

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

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 & Hour

Yesterday, 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 & Hour

We 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 & Hour

Last 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 & Hour

This 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 & Hour

When 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 & Hour

The 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 Center

At 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 Regulations

Yesterday, 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 Regulations

The 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 & Hour

With 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 & Hour

The 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 Developments

Way 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) Compliance

With 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