Human Resources (HR) Compliance

As to the workplace and the pandemic, what now?  It’s a question I’ve posed before, but each time, there’s something new on the horizon.

There a lot of uncertainty. Adding to the uncertainty, is the near certainty that the Delta variant will start making more of an impact in this area.

Already, we are seeing

Lost amid the press regarding the new law legalizing cannabis use is the fact that the law also restricts smoking far more in the workplace and affords employers more flexibility as well.

The new law requires employers to to ban smoking and e-cigarette use in any area of the workplace (this will apply to tobacco

If you’ve been reading this blog long enough, you know that the budget implementer bill in the state legislature always contains more than just budget items. It’s a “must-pass” bill that normally has items that, for one reason or another, didn’t pass during the regular session but that are important to various legislators.

It

Did you like Executive Order 12 which set forth a new mask rule in Connecticut? Well, I hope you didn’t get used to it because it changed again on Thursday.

Executive Order 12A tweaks the prior rule.

It provides that the Department of Public Health shall issue a rule setting forth a comprehensive list of

After my post yesterday regarding Executive Order 12, the state Department of Public Health released its guidance further clarifying (or not) the rules of the road for masks going forward.

The problem is there is still some questions that remain even after the guidance.

Before I talk about that, let’s talk about words. When

On Tuesday afternoon, Governor Lamont issued new Executive Order 12 updating the mask guidance that the state has been operating under since way back in Executive Order 7NNN on August 14, 2020 (and Executive Order 7BB on April 17, 2020 before that).  The new guidance skews closer to the CDC guidance that we talked about

You remember the first “real” week of the pandemic, right? The NBA shut down. Then the schools. And then we were all shopping for toilet paper.  Things were moving at light speed.

Yesterday brought back a lot of those memories and stress.

First, the CDC said that fully vaccinated individuals could drop their masks.

As post-vaccination life kicks in, the complications for employers continue to mount.  No doubt life was a lot harder on lockdown, but some individual decisions for employers were easy — just work from home.

But over the last few weeks, judging from the calls I’m fielding from employers of all sizes, there’s a desire to

In a decision that will be officially released on Tuesday, the Connecticut Appellate Court has upheld the dismissal of a wrongful discharge claim against Marvelwood School, an independent school in Kent, Connecticut. In doing so, the Court turned back an attempt to limit the employment-at-will doctrine and provided employers in Connecticut with reassurance that wrongful discharge claims will be appropriately limited.

The case, Zweig v. Marvelwood School, can be viewed here.

(An upfront disclosure: My firm represented the employer here and I represented the school on the successful appeal.) 

The facts of the case are relatively straightforward and are summarized in the court’s decision. The plaintiff Aaron Zweig was employed by the defendant Marvelwood School as a history teacher and school’s Director of Food Studies. That role required him to establish and maintain a garden on campus and use it to teach a class on food studies.

In May, 2015, Mr. Zweig allegedly objected to the school’s suggestion that telephone poles that had been treated with creosote, a pesticide and wood preservative, be used to make raised beds in the garden because he believed that the chemical posed a health risk to himself and his students.


Continue Reading Connecticut Appellate Court Rejects Challenge to At-Will Employment Doctrine