After several years of hiccups, the state-run Connecticut Retirement Security Authority, is finally launching this Spring with upcoming deadlines for employers that don’t offer employees a retirement plan.
Connecticut employers with five or more employees are required to join the program if they do not offer a retirement plan. Registration opened for employers on
Last week, I deleted the Twitter app off my iPhone as a bit of an experiment. I’ve done this a few times before — but the start of the pandemic back in early 2020 had me going full on Twitter since then. After all, if it’s important, it’s on Twitter, right?
Well, not exactly. In fact, when I was sick for a few days, I kept turning to Twitter and finding…not much that merited the visit to the app — just boredom. (Never fear though, I can still access it on my computer browser.) Nevertheless, I wondered how much I’d miss if I just took it of my phone.
The first real answer came on Friday when news came of the Fifth Circuit’s beatdown decision to stay enforcement of the OSHA vax or test Emergency Temporary Standard. Turns out you can hear about it the same time as others even without being on Twitter.
But what happened next was interesting for me — nothing. Without being on Twitter, I missed the immediate reactions, overreactions, snark, and, sure, some actual insights.
And that’s ok.
We are entering a time during this pandemic when the changes are happening more incrementally and slowly. Perhaps we are headed for a modest 5th wave here, for example. That might require employers to adjust on the fly again. But speed isn’t everything right now.
Thus, with the luxury of a few more days to ponder and think, where are we now on the OSHA rule?
Continue Reading Court Stays OSHA ETS, But We Know All Too Well It’s Not the Last Word
With little fanfare, the Commission on Human Rights and Opportunities updated its website to note that it was giving a blanket 90 day extension of time for all employers to complete the sexual harassment prevention training.
Previously, that deadline was set for October 1, 2020. While it was granting a 90 day extension of time
There’s just a few weeks to go (absent an extension) for employers to get their employees trained on sexual harassment prevention. October 1, 2020 will be here before you know it.
I’ve talked about it in prior posts so there should be no surprise.
And yet, with the pandemic, it’s easy to see how this
The state rolled out a new website for the Commission on Human Rights and Opportunities during this pandemic. As someone who navigated the old site for years, I’m not yet a fan.
One reason? It’s hard to find news and some helpful items are buried.
For example, the CHRO now automatically lists the “Most Popular”
Yesterday, I was able to participate in a webinar for various Fairfield County chambers of commerce on very latest for employers on the CARES Act and more.
Senator Chris Murphy joined the webinar for the first part and noted that a new stimulus package is already being discussed even while we evaluate the existing one.
Each day of late feels like a week in terms of the firehose of news pouring out each day.
On Monday came news that Italy was going on lockdown. For a month.
And Connecticut state government rolled out a series of orders that included no travel and limits on meeting sizes to 100
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
Continue Reading The Definitive Employer Guide to Connecticut’s New Anti-Sexual Harassment Law
Statute of limitations — or, in plain English, the deadline to file a lawsuit — are sometimes able to be used by employers when employees and their counsel file their employment law claims late.
But a recent federal court decision in Connecticut had to look at a fairly novel issue: Did the CHRO mislead the
Update: The NLRB has announced an indefinite postponement of the rules. See this updated post here.
Another month has passed, and we are now ever closer to the effective date of the NLRB’s new posting rules.
Thus far, many of the legal challenges to the