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

Tag Archives: protected

Bill Barring Discrimination Against Unemployed Advances in General Assembly

Posted in Discrimination & Harassment, Human Resources (HR) Compliance, Legislative Developments

Let’s all agree, at the outset, that getting people re-employed — particularly those who have been unemployed for a while — is a worthy goal. How do you get there?  Job training? Education? The Connecticut General Assembly is taking a different tactic — just make it illegal for employers to discriminate against those who are… Continue Reading

A “Like” is a Like, Court Says, and is Protected Free Speech

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

In a closely watched case, the Fourth Circuit Court of Appeals held yesterday that a “Like” on Facebook is a form of speech that is protected under the First Amendment. In doing so, it kept alive a lawsuit brought by an employee who claims he was fired for supporting an political candidate who was running against his boss. … Continue Reading

Sandy Spooks Employers but Will Employers Scare Employees Into Voting?

Posted in Highlight, Human Resources (HR) Compliance, Labor Law & NRLB, Laws and Regulations

Everyone ok out there? What a wild couple of days we’ve had in Connecticut and, for those still without power, it’s not over yet.  Much like Irene and the October snowstorm before it, Sandy has left her mark.  But it’s time to get back to business today. We’re less than a week away from the… Continue Reading

NLRB Keeps Doing What It Always Does. Why Is Anyone Surprised?

Posted in Highlight, Human Resources (HR) Compliance, Labor Law & NRLB, Laws and Regulations, Manager & HR Pro’s Resource Center, Social Media

I’ll admit something that might seem a little unusual and ironic:  I’ve grown a bit tired about writing about the NLRB and social media.  Perhaps, it’s because I’ve seen too many law firms and lawyers issuing newsletters, blog posts, and alerts each time the NLRB says something, anything, about social media.  Because people on social media… Continue Reading

After NLRB’s Memo, Drafting Employment Policies Got Trickier

Posted in Featured, Highlight, Human Resources (HR) Compliance, Labor Law & NRLB, Laws and Regulations, Manager & HR Pro’s Resource Center, Social Media

I’ve had a little more time to digest the latest memo from the NLRB opining on what is and what isn’t appropriate for employers to have in their policies. And I’ve come to a very serious conclusion: It’s an utter mess.  (Fellow employment lawyers use the phrases “bungled mess” (Jon Hyman), “not good” (Molly DiBianca),… Continue Reading

The NLRB’s Obsession with Social Media Continues

Posted in Labor Law & NRLB, Social Media

A confession. I’m a little tired about writing about social media and labor law.  Perhaps you are a little tired about reading about it too. Unfortunately for us both, expect a lot more about it over the next years because the National Labor Relations Board has social media in its sights and its not letting… Continue Reading

NLRB Administrative Law Judge: Facebook Firings Illegal

Posted in Labor Law & NRLB, Social Media

For a while now, there’s been a lot of chatter about the NLRB’s take on social media and whether employees’ use of Facebook could be “protected concerted activity”.  I’ve done many recaps including here and here. Now, for the first time, an administrative law judge (in Hispanics United of Buffalo) has found that employees’ comments… Continue Reading

NLRB: Not All Employee Facebook Posts Deserve Protection After All

Posted in Highlight, Labor Law & NRLB, Social Media

Last fall, the NLRB made headlines when it brought a complaint against a Connecticut employer for disciplining an employee for her Facebook posts. Back then, some commentators wondered what the limits were going to be. But over the last few weeks, quietly, we’ve been getting some of the answers. Just not in the format you’re… Continue Reading

Are the NLRB’s Complaints About So-Called Facebook Firings News Anymore?

Posted in Highlight, Human Resources (HR) Compliance, Labor Law & NRLB, Litigation

Various labor & employment blogs over the last week have been nearly hyperventilating over another complaint by a regional NLRB office challenging an employer’s practices as it relates to employee use of Facebook. For anyone who has been tracking the NLRB’s actions, these filings really should come as no surprise anymore. The agency has consistently… Continue Reading

Personnel Policies Up to Date? NLRB May Take Issue; CBA Seminar Recap Part II

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

Yesterday, I started my recap of the Connecticut Bar Association seminar on social media & employment law that I had the opportunity to speak at.  In today’s post, I’m going to focus on another portion of what NLRB Regional Director Jonathan Kreisberg said at the seminar — something that may impact employers that have unions… Continue Reading

Facebook Firing Case Settles; But Another Social Media Case at the NLRB May Be Rising

Posted in Human Resources (HR) Compliance, Social Media

The news came late Monday: The NLRB’s case against an employer for allegedly firing an employee due to a Facebook post had settled.  The background of that case can be found in one of my November 2010 posts.  The case name is: American Medical Response of Connecticut, Inc., 34-CA-12576. The terms of the settlement were not fully… Continue Reading

Quick Hits: Wage & Hour Litigation; Protected Concerted Activity; Set-Off in Mass.; Prevailing Wage; I-9s

Posted in Wage & Hour

With all the snow piling up, there’s been a lot I’ve been meaning to get to but haven’t. So, it’s time to bring back the "Quick Hits" feature where I recap some of the employment law tidbits you might have missed recently. The Wage & Hour Litigation blog (a new employment law blog, so welcome),… Continue Reading

The FMLA Connection (in Connecticut) to Organ Donors and How Employers Can Help

Posted in Human Resources (HR) Compliance

25 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

Family Violence Victims Entitled to Leave and Other Protections Under New Connecticut Law

Posted in Laws and Regulations, Legislative Developments

While 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