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

Tag Archives: performance

FAQ on Applying Performance Standards to Employees with Disabilities

By Daniel Schwartz on 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

Oral Complaints under FLSA are Shielded from Retaliation, Supreme Court Rules; Impact in Connecticut?

By Daniel Schwartz on Posted in Discrimination & Harassment, Litigation

For anyone who has been following the U.S. Supreme Court’s recent decisions interpreting wage & hour, discrimination and retaliation claims, yesterday’s decision in Kasten v. Saint-Gobain Performance Plastics (download here), can hardly come as a surprise. Indeed, in a 6-2 decision, the Supreme Court concluded that to "file" a complaint, an employee need only provide an… Continue Reading

Quick Updates: Reuters Article on More Lawsuits, WWE and Wrestlers Lawsuit, Performance Reviews, National Bank Act, Veteran’s Day

By Daniel Schwartz on Posted in Discrimination & Harassment, Human Resources (HR) Compliance, Laws and Regulations, Litigation, Wage & Hour

Here’s a quick update on some items and topics that have been covered by the blog over the past year: Earlier this week, I raised the issue of whether the rising unemployment rate would also lead to more employment lawsuits. Reuters yesterday released a very good and balanced article on the subject. I shared my… Continue Reading

Get Rid of Performance Reviews, UCLA Prof Says in WSJ

By Daniel Schwartz on Posted in Human Resources (HR) Compliance

"Get Rid of Performance Reviews!" proclaims a UCLA professor in this morning’s edition of the Wall Street Journal: To my way of thinking, a one-side-accountable, boss-administered review is little more than a dysfunctional pretense. It’s a negative to corporate performance, an obstacle to straight-talk relationships, and a prime cause of low morale at work. Even the mere… Continue Reading

New EEOC Guidance Raises Questions About Post-Termination Duty to Accommodate in Connecticut

By Daniel Schwartz on Posted in CHRO & EEOC, Discrimination & Harassment, Human Resources (HR) Compliance, Laws and Regulations, Litigation

Nearly 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

By Daniel Schwartz on Posted in CHRO & EEOC, Discrimination & Harassment, Human Resources (HR) Compliance, Laws and Regulations

The 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

Sign On Bonus, Accrued Vacation and COBRA Insurance are not “Wages”, Says Superior Court

By Daniel Schwartz on Posted in Litigation, Wage & Hour

Connecticut’s wage payment statutes, with the definition of wages found at Conn. Gen. Stat. 31-71a(3), certainly have left courts room to interpret the statute. After all, the definition of wages is merely:  compensation for labor or services rendered by an employee, whether the amount is determined on a time, task, piece, commission or other basis… Continue Reading

Guest Blogger: What An Employer Should Do When There’s No Documentation

By Daniel Schwartz on Posted in Human Resources (HR) Compliance

New week. Same trial. But with the new week comes some more new guest bloggers.  Each continues to talk about various employment law and human resources issues. Today’s guest blogger is no exception. Indeed, since coming onto the blog scene some months ago, John Phillips has been churning out post after post on topics as varied… Continue Reading