Today, the EEOC has published its final rule clarifying a portion of the Age Discrimination in Employment Act (ADEA). You can download the rule here and a FAQ from the EEOC here. The rule comes as a partial response to a 2008 U.S. Supreme Court decision that analyzed the issue. The rule has some significance… Continue Reading
Tag Archives: regulations
Waiting for the Dust To Settle on New NLRB Posting Requirement
Posted in Labor Law & NRLBA lot of people have been writing about a recent court ruling that upheld significant portions of a new NLRB-promulgated poster that will get put up on a wall in some common area. I’ve been reluctant to write about it because, as I mentioned back in the fall, things continue to change on this particular… Continue Reading
CHRO Proposes New Equal Employment Opportunity Plan Regulations & Hearing
Posted in CHRO & EEOC, Laws and RegulationsThe Connecticut Commission on Human Rights and Opportunities (CHRO) has released proposed new regulations that would require state agencies and the like to create an Equal Employment Opportunity Plan. These regulations would not apply to private employers so many of you can dispense with the worrying. The proposed regulations will replace the current ones. The CHRO… Continue Reading
BREAKING: USDOL Releases Proposed Changes to Companionship and Live-In Worker Regulations Under FLSA
Posted in Laws and Regulations, Wage & HourAs expected, the United States Department of Labor today released its proposed changes to the companionship and live-in worker regulations under the Fair Labor Standards Act. What was unknown was how significant the proposed changes would be. The short answer: Pretty significant. The regulations substantially limit the companionship exemption under wage & hour laws to… 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
More About the NLRB’s Proposed Rules on So-Called “Quickie Elections”
Posted in Labor Law & NRLB, Laws and RegulationsThis morning, I appeared on Ray Dunaway’s show on WTIC radio (1080 AM) to discuss the NLRB’s new proposed rules on union representation elections. (A link will be available when it is posted online.) Of course, in 5 minutes, there wasn’t much time to explain everything about it (here’s a summary of the proposals from… Continue Reading
More New Employment Law Regulations: Fluctuating Work Week & Tip Credit Under FLSA
Posted in Wage & HourLast month, it was the EEOC that released new regulations on the ADA. This week, it’s the Wage & Hour Division of the Department of Labor, that has released new regulations on the Fair Labor Standards Act. The new regulations will go into effect in early May 2011. While some of these revisions are more technical… 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
The Bottom Line on GINA: Employers Need to Engage “Safe Harbor” Provisions
Posted in Laws and RegulationsEarlier this week, I offered some initial thoughts about the new GINA regulations that will become effective in January 2011. After time this week to digest the regulations and review the analysis of others, here is the bottom line for employers in Connecticut. These regulations — as with GINA itself — apply only to employers with 15… Continue Reading
Final GINA Regulations Published: Impact in Connecticut Still Unclear
Posted in Laws and RegulationsThe final regulations of GINA were released today — nearly 18 months after the proposed regulations were first released. You can download a copy of the regulations here. The actual text starts at about page 75. As I’ve said earlier, however, employers in Connecticut should be wary about just following GINA however. Connecticut has… Continue Reading
Lost in a Maze of Regulations? One Correct Path to Follow — Harassment Training
Posted in Human Resources (HR) ComplianceOne of the great local treats in Connecticut this time of year is a corn maze. My favorite for the last few years is the one created by Lyman Orchards in Middlefield, CT. (And while you’re there, don’t miss picking a few apples or getting a fresh apple pie). Mazes aren’t anything new. Employment lawyers and… Continue Reading
USDOL Providing Webchats on Regulatory Agenda
Posted in Laws and RegulationsThis year, the U.S. Department of Labor has taken great strides to modernize the office and better serve the public. The new website is only part of that. This week, the DOL has begun a series of webchats with the public discuss the 2010 regulatory agenda and other issues facing the Department of Labor. They… Continue Reading
New Proposed ADA Regulations Finally Available for Download
Posted in CHRO & EEOC, Discrimination & Harassment, Laws and RegulationsNearly a week after voting to approve proposed regulations implementing the ADA Amendments Act, the actual text of the proposed regulations is finally trickling out on the internet. You can download a copy here. (Thanks to HRHero for posting them.) At 93 pages long, there’s a lot to digest. I’ll have a more thorough post… Continue Reading
Hot Link: Connecticut DOL Releases Guidance Comparing New FMLA Regulations with Connecticut FMLA Rules
Posted in Human Resources (HR) Compliance, Laws and RegulationsThe Connecticut Department of Labor late today posted brand-new guidance (available here) comparing the new federal FMLA regulations with the existing Connecticut regulations. For employers struggling to adopt the new FMLA regulations with Connecticut’s FMLA rules, this document is a must-read because there are some very real and significant differences now that will arise — at least… Continue Reading
Tips from Presentation on New FMLA Regulations: Forms, Links & FAQ
Posted in Human Resources (HR) Compliance, Laws and RegulationsUPDATED 1/16/09 We had a great turnout today for our breakfast roundtable on the new FMLA regulations. I want to particularly thank several blog readers for coming. But in case you missed it, you’re not out of luck. Here’s some of what we discussed and what you need to know for Friday – the date… Continue Reading
Breakfast Roundtable on new FMLA Regulations set for January 14th – What Employers Need to Know
Posted in Human Resources (HR) Compliance, Laws and RegulationsOver the last month or so, I’ve noticed extraordinary interest among readers about the new FMLA regulations. So much so, that I’ve decided to put on a breakfast roundtable in Bridgeport and Hartford, CT on the subject. Assuming we don’t get yet another snowstorm, like we’re having today, we’ve scheduled it for January 14, 2009… Continue Reading
New I-9 and FMLA Forms Now Available – Use the New Year to Update Your Paperwork
Posted in Human Resources (HR) ComplianceFile this under "mundane" but necessary. Two sets of new forms (and a poster) have been released by the U.S. Government for use by HR professionals and companies in two very different circumstances. First, the Citizenship and Immigration Services (CIS) has issued a new rule with that revises Form I-9 and the list of documents… Continue Reading
New FMLA Regulations – What Employers Need to Know – Part I
Posted in Laws and RegulationsAs I reported on Friday, the U.S. Department of Labor has released final regulations implementing the Family and Medical Leave Act (FMLA). The regulations (which you can dowload here) become effective on January 16, 2009. At 750 pages, you need a book just to summarize the changes (and I’m sure one of the legal book publishers… Continue Reading
New Labor Dept. Regs on FMLA Leave To Be Released Monday
Posted in Laws and RegulationsThe Associated Press (through this The Hartford Business Journal article) is reporting that the final revisions to the Family and Medical Leave Act regulations are to be released on Monday (November 17th), and will include new rules defining how families of wounded service members will be able to take unpaid leave to care for them. Among the other changes,… Continue Reading
Supreme Court Decides Age Discrimination Case Defining What is a “Charge”! (Yawn.)
Posted in Discrimination & Harassment, LitigationAttorneys can go months — if not years — without Supreme Court guidance on employment law issues. But today, the Supreme Court issued its second employment-law related decision in as many days. However, for the second day in a row, the Supreme Court issued a decision that, at the end of the day, isn’t really about… Continue Reading
DOL Proposes Regulations for New FMLA Military Leave Provisions and Revises Existing FMLA Provisions: A Wrap-Up
Posted in Laws and RegulationsNew week; new job. But that hasn’t stopped news from happening. So we’ll be using this week to catch back up. First up: The Department of Labor has published its proposed new regulations for military leave FMLA. But these regulations (topping 500 pages) also contain updates to earlier discussed revisions to the FMLA as well…. Continue Reading
Sexual Harassment Prevention Checkup – The Basics of Training and Posting
Posted in CHRO & EEOC, Discrimination & HarassmentThe headlines of the week nationally have certainly surrounded sexual harassment allegations both old and new. (Note: Due to my firm’s involvement in one of those cases, I will not be blogging on it). But with the issue back in the forefront, I’ve been surprised lately in my discussions by how some small to mid-size… Continue Reading
Timeliness Not A Bar to Vague CHRO Complaint
Posted in CHRO & EEOCSince the Ledbetter decision issued by the U.S. Supreme Court last month, issues of the timeliness of employment discrimination claims have come to the forefront. An interesting decision by a CHRO Human Rights Referee recently suggests that complaints that do not specify the timeliness of certain claims may still survive a motion to dismiss. CHRO Human… 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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