There’s a week to go in Connecticut’s General Assembly session and, at least for now (and this could change quickly), employers are holding their breath on several measures that have been floating around and have passed one of the chambers.
But as of last night, there do not appear to be any significant bills targeting employers that have passed both houses.
(The Senate did pass a bill to provide unemployment benefits to striking workers; it still has to pass the House but regardless, the Governor has indicated he will veto it, so take that one off the table.)
But that doesn’t mean that employers can rest easy. There are still plenty of bills that are floating around. Here’s a preliminary list for starters.
- Senate Bill 1035 has passed the Senate and is awaiting a vote by the House. It has two substantial provisions. First, it makes it a discriminatory practice, for an employer to take certain actions, such as (1) terminating employees for disclosing conduct they reasonably believed to be a discriminatory employment practice or (2) requiring employees to enter an agreement that prohibits them from disclosing this conduct. It also voids any provision in an agreement between an employer and employee or independent contractor that prohibits the employee or contractor from disparaging or disclosing conduct they reasonably believe to be a discriminatory employment practice.
The bill also makes void and unenforceable any provision in an employment contract that requires an employee not to disclose or discuss conduct that he or she reasonably believes to be legally impermissible discrimination, harassment, or retaliation; a wage and hour violation; or a sexual assault, or that is recognized as against a clear mandate of public policy. It prohibits employers from (1) discharging or retaliating against an employee for disclosing this type of conduct in the workplace or at work-related events, (2) asking or requiring an employee to enter into a prohibited nondisclosure agreement, or (3) enforcing one. - Senate Bill 1312, which passed the Senate and is awaiting a vote by the House, decreases, from 60 to 40 days after a quarterly statement is provided, the amount of time an employer has to file a written protest with the Department of Labor (DOL) on the payment of unemployment insurance benefits due to fraud or error.
- Senate Bill 1427, which also passed the Senate and is awaiting a vote by the House, expands the state’s Paid Family and Medical Leave to apply to cover school employees whose position does not require a professional certification under the law for teachers and superintendents ( “non-certified school employees”). Importantly, this would also now cover private or independent elementary or secondary schools, as well as certain magnet and charter schools.
- Senate Bill 1487 would make changes to the state’s “Transportation Network Companies” and Third Party Delivery Services (think: Uber or Door Dash, just to name a few). It passed the Senate and is also awaiting a vote in the House. It would, among other changes, require drivers to receive a minimum level of compensation.
- House Bill 6842 prohibits the labor commissioner from counting tips as part of the minimum wage requirement for employees of cannabis establishments, dispensaries, or producers. It also specifies that any cannabis establishment, dispensary, or producer that pays an employee less than the state minimum wage is violating the minimum wage law. This bill has passed the House and is awaiting a vote in the Senate.
- House Bill 6907 limits the extent to which employers at certain warehouse distribution centers can require their employees to meet production quotas. Again, this passed the House and is awaiting a vote in the Senate.
And those are just the bills that made it out of the Labor Committee. The Judiciary Committee and other committees have also passed out several pieces of legislation that could impact employers.
So, with a week to go, plenty of bills to keep an eye on but will any be put up for a vote and risk a filibuster? We’ll know soon.