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Dan represents employers in various employment law matters such as employment discrimination, restrictive covenants, human resources, retaliation and whistle blowing, and wage and hour issues. He has extensive trial and litigation experience in both federal and state courts in a variety of areas, including commercial litigation and trade secret enforcement. Dan is the author of the independent Connecticut Employment Law Blog. The blog discusses new and noteworthy events in labor and employment law on a daily basis.

(Post has been updated to note a legislative development.)

Running a restaurant is hard. It’s long hours, short tempers and fickle customers.

But add in those wage & hour laws? What a headache.

And there are lawyers out there who know it. In fact, there are some that rest their business model on

At the stroke of midnight last night, the 2019 General Assembly came to a close.

I think it’s fair to say that 2019 will go down in history not for the number of bills impacting employers, but for the breadth of the few that passed.

I’ve recapped the bills in some prior posts, but here’s

If you’re a Connecticut employer, new requirements regarding training and posting — as well as changes to the underlying anti-discrimination law — should be a must-read.

On Tuesday, June 4, 2019, the General Assembly passed a series of revisions to Senate Bill 3, which itself passed over the weekend. Together, these series of changes (S.B. 1111 and S.B. 3) will impact employers of all sizes and cases at the CHRO. 

In essence, you had a bill that was amended after it already passed. Rather than get into what was in the original bill vs. final bill, I thought it might be helpful just to recap what is in the final version of the bills, as combined.

Governor Lamont is expected to sign these bills in the next week or so.

To be clear, this recap should not be a substitute for legal advice and this recap only addresses some of the most relevant private employer provisions; there’s some provisions in there regarding EEO officers for state agencies that are beyond the scope of this recap. Credit should also be given to the state’s OLR Bill Analysis as well. 

TRAINING

Currently, employers with at least 50 employees are required to give their supervisors two hours of training on state and federal sexual harassment laws and remedies.

The new law will require employers of all sizes to give training to supervisors by October 1, 2020 (or within six months of their assumption of supervisory duties, after that time).

For employers with 3 or more employees, the training must also be given to all other employees also by October 1, 2020 (or within six months of hire, after that time.)

In both instances, the training must be updated every ten years by employers, though it doesn’t seem to be the same two hours — just a “supplemental” update.  Also, any employee (including supervisor) trained since October 1, 2018 is exempt from being “retrained” a second time.

The bill requires CHRO to develop a free online training video or other interactive method. If that’s done on time, employers will have to give the training within six months of an employee’s start date.

If employers don’t provide training, it will now be a “discriminatory practice” that may allow employees to bring an action in the CHRO (or court).  The fine for failing to provide training will be $750.

NOTICES TO EMPLOYEES

The new law (piggybacking on existing law which requires a notice be posted regarding sexual harassment) will require employers of three or more employees to send a copy of this to employees via e-mail within 3 months of hire — so long as the employee has an e-mail address (company-provided or personal).  The subject line should be titled “Sexual Harassment Policy” or words very similar to that effect.  If the employer doesn’t give employees an e-mail address, the information must be included on its website.  If the CHRO develops something on their own, the employer can just provide this link.

The fine for failing to do so will be $750 as well.

CORRECTIVE ACTION IN SEXUAL HARASSMENT CLAIMS

When an employer takes prompt remedial action in response to a claim of sexual harassment, the new law requires that the employer can only modify the target’s condition of employment upon agreement in writing from the employee.  That means, transferring an employee to a different department can only be done upon written consent.

BUT, even if the employer did not obtain the written consent, the bill still allows the CHRO to find that the employer’s corrective action was reasonable and not “to the detriment” to the complainant, based on the evidence.

TIMEFRAME FOR FILING DISCRIMINATION AND HARASSMENT CLAIMS
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Buried deep in the budget (page 417 of 567) that was passed by the state House last night is this provision:

Sec. 305. (NEW) (Effective from passage) For purposes of this section “covenant not to compete” means any contract or agreement that restricts the right of an individual to provide homemaker, companion or home health

The so-called “Time’s Up” bill that would make major changes to the sexual harassment and discrimination laws in the state — including adding new training requirements — went through final passage at the House on Saturday.  But don’t start changing your policies just yet.

Various news outlets are reporting that a “fix” bill — that

Late Friday, the House passed the Paid Family and Medical Leave Act bill that passed the Senate earlier in May.  Governor Lamont has indicated that he will sign the measure. As such, big changes are coming, though some of the biggest changes are are still a few years off.

You can review the bill here

Senate Bill 3, titled “Combatting Sexual Assault and Sexual Harassment” has been modified since first introduced and passed the Senate late last week.  Despite the title, the bill would impact every discrimination case filed in the state and would make significant changes to the sexual harassment prevention training requirements.

It is awaiting a vote

Earlier this morning (Friday, May 17th), the state Senate approved of a measure that will increase the state’s minimum wage to $15 per hour by 2023.

House Bill 5004 (as amended) can be downloaded here.

The bill had previously passed the House and now moves to the Governor’s office where he is expected to sign

Continuing my never-ending series of short interviews with interesting people related to the employment law space, I recently sat down for breakfast with Eileen Springer, the CEO of Central Park Executive Coaching. After 25+ years in Human Resources, Eileen is now coaching C-suite executives and senior leaders in corporations and services firms, as well as early-in-career associates. Her Coaching assignments include on-boarding coaching, transition coaching, performance coaching and leadership coaching. 

Eileen was most recently the Senior Vice President of Talent Acquisition and Development at Compass Group, NA; the sixth largest employer in the world. And prior to that, she worked for Pitney Bowes and Citibank, where she held a variety of roles as Vice President of Human Resources.  She knows the business-world inside and out and I hope you enjoy reading the interview as much as I enjoyed the conversation.  My sincere thanks to Eileen for her time and wisdom.  

1.      So Eileen – what IS Executive Coaching nowadays?

Simply stated, executive coaching is coaching people to arrive at their own solutions so that they are committed to the outcome.  Executive coaches are contracted as needed to facilitate the success of employees who are preparing for their next role, who are part of a high-potential development program, who require performance coaching or need support as part of their on-boarding to a new role.  The needs vary, but it is most commonly an investment reserved for highly valued talent.

In my practice, I am seeing an increase in small to mid-size companies who partner with me to coach their newly promoted managers, who are managing people for the first time.  With the scarcity of talent in the workforce these days, high-growth companies cannot afford to wait to promote the best talent.  They are promoting the best talent to management quickly, and providing the support of a coach to ensure success with their leadership development.

2.      I realize companies may find utility in an executive coach. What about individuals? What are situations when an individual ought to consider one?

Career and executive coaching are becoming much more prevalent as an individual investment.  Professionals are turning to coaching in higher and higher numbers.   Career advancement often requires having a plan, especially at the more senior levels.  Often a professional will face a pivotal moment in their career when they realize that what they did to get to where they are, is not what is required to get to the next level.  It’s at that juncture when I typically receive a call.

Executives are operating in an increasingly complex environment, where they may rely heavily on experts in finance, legal, marketing, technology, etc., and need to balance many priorities in short periods of time.  Managing teams, boards, meeting deadlines and staying competitive can lead to stress and feelings of loss of control.  Pressures of corporate life, regardless of level, can impact people differently.  Some professionals thrive in fast-pace challenging environments, while others find it unsatisfying.  These are examples of when individuals look for executive coaches – they may want to reach important goals and advance, or they may want less stress and better balance.  Whatever the reason, when individuals are motivated to work toward change, they find support and a thought partner with a coach who is focused on their individual agenda.


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