Legislative Developments

Over the last week, while many of us were trying to catch up on our stay-cations,  Congress passed and the President signed The Coronavirus Response and Relief Supplemental Applications Act.

It’s a 5,593-page appropriations bill so I’m going to guess that you haven’t read it.

Spoiler Alert: Neither have I.

But thankfully, my colleagues Jarad

Over Thanksgiving, I did something novel (at least for me): I painted my home office space.

That, of course, led to the realization that the carpet was hopelessly outdated and, since we were at it, the light fixture was falling apart, and the desk and chair I was working from for the last 9 months

Thanksgiving is now in the rear view mirror. Just a month to go until we turn the page to 2021.

But before that happens, there are a few things left to check off your to do list for 2020.

Let’s get to it.

  1. Register for Paid Leave Program – Conneticut requires every employer to register

Well, it’s over.

Joe Biden will be the next President of the United States effective January 20, 2021.

For employers, the last several years have been filled with several retreats from existing policies.   And over the last year in particular, the Trump administration was busy rolling out new regulations for employers to follow.  It’s not

As employers start to return employees to the physical workplace, new issues keep arising daily.  Here’s a common scenario:

Employee X has been on furlough since late March and collecting more on unemployment than if he had been employed, thanks to the extra $600 weekly payment.

Employer now asks Employee to return to work.  Although

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.
Continue Reading The Dialogue: A Busy Year in Employment Law in 2019 with a Look Ahead to 2020