Connecticut Employment Lawyer & Attorney : Daniel Schwartz : Stamford, Hartford New Haven, CT

This week, while stuck on traffic on I-95 (which is to say, any day you commute on I-95), I heard a commercial touting the state government's Telecommuting program.  As a recipient of occasional telecommuting, I was pleased to hear the government providing information about it.

Now, you might think that because the program is really a human resources issues, it would be perfect for the Connecticut Department of Labor to oversee.  They have expertise in workplace issues, after all.

You would be wrong.  

The DOL's website, in fact,  has no mention of such a program.   (A search on the DOL's website finds one archaic reference to telecommuting being an option...in 2002.)

So any guesses as to who runs this program?

Connecticut's program, entitled "Telecommute Connecticut!" is actually run by the Connecticut Department of Transportation. (Of course, you'd never know it from the DOT's home page; there's no link to the page anywhere in sight.)

Now, you might ask, what HR experience does the DOT have? Probably not much, according to their website.   Which is why they point to three "consultants" they suggest companies can consult about telecommuting and who have assisted with the DOT's telecommuting website.

The website, at www.telecommutect.com,  contains pretty generic information about telecommuting for employers. Its still helpful in many respects.  But many times it lacks specific items (such as a telecommuting policy) that would make the site most beneficial.  For example, under the link entitled  "Program Measurement", the website lists the following advice:

Once your telecommuting program is underway, you'll need a means of measuring program performance. We'll develop a methodology you can use on an ongoing basis to track your program, based on your needs and objectives. Click for your FREE Video.

Indeed, on many pages like this, there is a button you can press to request either a free "video" to learn more, or to get a "free" consultation, or to order (for free) a "Best Practices" guide. You would expect to find this approach of "teasing" some information on a sales site -- not the state government. 

 Don't misunderstand me -- I applaud the state for recognizing this important issue and for working with employers about this; but by hiding some of the information in videos (that could be posted to YouTube) and documents to be "ordered", it prevents employers from getting the best benefit from the information.  Moreover, putting this information on the DOT website where no one can find it makes it "hidden" from many employers. At the very least, there's no reason why the DOL cannot cross-link to this program to provide employers with more information from their website. And the DOT should have such information on its home page as well.

I plan to review the website more extensively in an upcoming post to provide some additional details on the advice it provides, but in the meantime, it's still worth a look at if your company has or is considering a telecommuting policy and practice..

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Since many employment law cases are tried in federal courts, intimate knowledge of the way the Court works is one way for practitioners and clients to overcome potential hurdles. Looking at the District Court of Connecticut's website did not provide many answers and thus, those who practiced in federal court frequently often had the upper hand on those who didn't. Indeed, the District Court's website felt like a throwback to the early days of the Internet.  

But lo and behold, just a few days ago, the Court launched a brand new site.  I've only just begun to explore and I like what I've seen so far.  In terms of information sharing, it has finally leveled the playing field, even for those who only practice infrequently in federal courts.

Most impressive and helpful is that on each judge's website page, there is a link to that judge's chambers practices.  Why is this so important? Because until now, there was not a publicly available resource for such information on the Internet to know what each judge's preferences were for pretrial procedures, and trials. (I should note that the CBA did publish a book on it but charged $35 for CBA members and was only current through May 2004). 

You now can learn, for example, that Judge Robert Chatigny:

[I]s concerned when motions for extensions of the discovery deadline date established pursuant to the Rule 26(D) Report continue to be filed by some counsel on a regular basis, despite the purpose and intent of the applicable rules. According to Judge Chatigny, the purpose of the Rule 26(F) Report is to provide a schedule established pursuant to the parties' case management plan that is not to be modified except in unusual circumstances. Counsel are encouraged to propose a realistic discovery deadline date and then commence discovery without delay so that modifications of the discovery deadline date will be unnecessary.

Thus, experienced counsel in Connecticut will not seek an extension of time lightly when before Judge Chatigny.  Among the other topics that are discussed in the Chambers Practices:

• Oral Argument on Motions
• Referral to Magistrate Judges/Special Masters
• 26(f) Reports
• Sur-reply Briefs
• Letter Briefs
• Chambers' Copies
• Lawyer Affidavits
• Hours of Day for Trial
• Days of Week for Trial
• Opening Statements/Closing Arguments
• Jury Profiles
• Jury Selection
  

Again, this is a great resource.  I expect to explore this site more in the upcoming days and will post any further items of interest to those who practice employment law.

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When a client calls (whether you're an inside or outside counsel), having key resources at your fingertips is invaluable.  LEXIS and Westlaw continue to play an important part of an attorney's arsenal for seeking information. But often, they provide much more than is needed, or, in some cases, not enough.  An ongoing feature of this site will feature four websites that you may not have thought of relating to employment law in Connecticut.

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