Legislative Developments

Thursday brought still another busy day of news as increased testing in Connecticut brought a big jump in numbers of confirmed COVID-19 cases. 

We’re starting to hear about employers considering furloughing employees instead of simply laying them off.

(Though the numbers of layoffs in Connecticut is over 54,000 — since Friday.)

In general terms, a

The EEOC has long advised that asking about date of birth on job applications was a particularly bad idea.

The ADEA does not explicitly prohibit an employer from asking an applicant’s age or date of birth. However, such inquiries may deter older workers from applying for employment or may otherwise indicate possible intent to discriminate

Six months after a little-noticed bill passed unanimously by the General Assembly (and was then vetoed by Governor Lamont), a new compromise measure passed yesterday in a special session.  For a full article, check out CT Mirror’s coverage here or CTNewsJunkie here.

The bill uses some of the same concepts that had been previously discussed,

It’s been far too long since our last installment from March 2019, but my ongoing dialogue with Nina Pirrotti, a prominent plaintiff’s-side employment law attorney, is back. In this post, we talked about the highlights from 2019 with a sneak peek at 2020.  My thanks to Nina for her contributions. You can find her firm’s blog posts here as well.  

Dan:  Nina! Good to talk with you again here.  I hope you had a great Thanksgiving; mine was full of turkey, stuffing and even skiing.  But we have so much to talk about. It seems that 2019 has been a busy year in employment law which is kind of surprising because the economy keeps rolling on. I thought we’d look back on 2019 and look ahead to 2020.

From my perspective, it’s tough trying to recap 2019 in just one or two paragraphs. The most obviously trendline to me sees to be that the #metoo movement shows no signs of abating or of a backlash.  And for people like both you and me who care about social justice, this is a great thing. Real change to root out sexual harassment has been long overdue. We’re now going to see training mandated at basically all workplaces and other changes.  But will it be enough or will it stall out in 2020?

Paid FMLA is obviously another big topic but we’re really not going to see those changes until at least 2021.  What else stands out to you from this past year?

Nina: A warm hello to one of my favorite sparring partners.  It is so great to rekindle our feisty exchanges!

Well, Dan, as you may have guessed from the two articles I wrote for the Connecticut Law Tribune in October 2018 and mid-March 2019, the critical issues raised by the #MeToo movement continue to loom large for me this year.

While we have on rare (and much publicized) occasions, seen the pendulum swing too far in the other direction, (See e.g. “’Survivor’ Contestants Apologize After #Me Too” Backlash”), the movement has largely been a force for healthy, overdue change.
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A hearing is set for Thursday on draft legislation to “fix” a bill that had been earlier vetoed and that I discussed in a post earlier this weekCTNewsJunkie.com was first to report on the details earlier Wednesday.

The bill comes at an interesting crossroads in restaurant wage/hour law. Earlier this week, the U.S.

A bill that would have brought the state’s tipping regulations in line with federal regulations was not brought up for a veto override vote earlier this week. I previously covered the subject in prior posts here and here.

According to a report in CT Mirror, a “deal” is now being sought that would allow

Late Friday, Governor Lamont vetoed House Bill 5001, which I had highlighted in an earlier post as being passed during the waning hours of the legislative session.

That bill would have rescinded a particular labor regulation and required the Department of Labor to promulgate a new regulation in its place.

In vetoing the measure,

As the dust continues to settle from the General Assembly, bills that didn’t get a lot of press beforehand are continuing to come into the light.

One of them is new Public Act 19-95, which was just signed by Governor Lamont yesterday.

The bill treats being a member of the “Civil Air Patrol”