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

Tag Archives: preemption

Employees Who Smoke (Part II) – The Exception for Health Insurance Plans

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

So yesterday, I made a convincing case that employees who smoke outside the workplace can’t be treated differently than your non-smokers.  But what about your health insurance plans? Doesn’t the state law prohibit your plan from imposing higher premium costs on those smokers? Well on first glance it appears yes.  The state law would seem to… Continue Reading

Attorney General Expresses Concern On “Captive Audience” Bill; Legislator Declares It Dead

Posted in Labor Law & NRLB, Legislative Developments

What a difference a few weeks can bring. Back on May 5th, Attorney General George Jepsen issued a letter to legislators expressing his support of the so-called "captive-audience" bill.  That letter was used in the debate by Connecticut House members as proof that the bill would pass a legal challenge.  Indeed, on May 11th, the… Continue Reading

In Titillating Case, Court Compels Strip Club Dancers to Engage Individually …in Arbitration

Posted in Class Actions

A few weeks ago, I indicated (in posts here and here) that the AT&T Mobility v. Concepcion case would have a huge impact on forcing arbitrations of employment matters and limiting class actions. An important new federal District Court case in Connecticut decided yesterday, D’Antuono v. Service Road Corp., (download here) has shown that to be… Continue Reading

Federal Arbitration Act Preempts Connecticut Sales Representative Commission Statute

Posted in Wage & Hour

My colleague, Joshua Hawks-Ladds, has this post regarding an important new case that further explains the breadth of the preemption effect of the Federal Arbitration Act, a case he handled on behalf of our client, Ulti-Mate Connector, Inc.  Last week was a watershed moment for arbitration preemption cases, both at the federal and state level…. Continue Reading

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

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

Court: National Banking Act Preempts State Law Discrimination Claims

Posted in Discrimination & Harassment, Laws and Regulations, Litigation

A recent California Appellate decision spells out a possible defense for some banks in discrimination cases.  Specifically, the court held that state discrimination laws are preempted by the National Banking Act for certain national bank employees.  For national banks in Connecticut (and indeed in other states), the decision is worth a review to determine if it… Continue Reading