Is Disloyalty Its Own Reward?

May a disloyal employee keep the compensation his employer paid him, even while he was betraying his employer’s trust? In a recent case, the Connecticut Supreme Court said “yes, at least in some circumstances.”  Here’s the story. The employee – we’ll call him Bill – worked for a building contractor – we’ll call it W…

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Please Join Us – New Developments In Labor & Employment Law: April 20, 2017

We are pleased to announce that Pullman & Comley will be hosting our annual Labor & Employment Law seminar this April in Trumbull, offering our perspective on developments over the past year and what the Trump Administration, and the 2017 session of the Connecticut General Assembly, may mean for Connecticut employers. The seminar is open to…

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Latest Developments from the Connecticut General Assembly: The Labor and Public Employees Committee Begins to Speak

At its February 21, 2017 and March 2, 2017 meetings, the General Assembly’s Labor and Public Employees Committee began the process of approving bills. The following is a listing (with a brief description) of the proposed bills that the Labor and Public Employees Committee voted favorably on and advanced out of committee at those meetings:…

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No Premium Processing for April 2017 H-1B Petitions

The United States Citizenship & Immigration Services announced on Friday, March 3, 2017, that effective April 3, 2017, it will suspend premium processing of H-1B petitions, for an expected six months. Its stated reason for doing so is to focus on addressing a backlog of long-pending non-premium petitions. Because April 3 is the first day…

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EEOC: Harassment Continues to be a Serious Problem in the Workplace

Unlawful harassment is alive and well in the workplace. According to a report issued last year by a Select Task Force of the Equal Employment Opportunity Commission (“EEOC”) on the Study of Harassment in the Workplace (the “Task Force Report”), almost one third of all charges received by the EEOC in 2015 included an allegation…

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Honesty is the Best Policy

May an employer fire an employee for lying about the reason for an absence? In a recent decision, the Connecticut Appellate Court said “yes.” Orlando Martinez worked for Polar Industries as a machine operator. He was called for jury duty on October 21, 2013.  His employer didn’t grant paid sick days, but did pay employees…

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Latest Developments from the Connecticut General Assembly: February 16th Public Hearing (Wage/Hour and Leave)

On Thursday, February 16, 2017, the General Assembly’s Labor and Public Employees Committee will conduct a public hearing on the following proposed bills, many of which concern “wage and hour” and leave issues (and some of which were considered last year): S.B. No. 13 AN ACT CONCERNING THE MINIMUM FAIR WAGE.  This proposed bill would…

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The Same Actor Defense Requires the Same Stage

Employment defense lawyers are fond of the “same actor” defense to discrimination claims because it combines legal theory and common sense. The same actor inference can be used in cases based on claims of discrimination on account of characteristics such as race, gender or ethnicity, where the same supervisor both hired and fired the plaintiff.…

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Latest Developments from the Connecticut General Assembly: February 9th Public Hearing (and wage/hour bills)

On Thursday, February 9, 2017 (weather permitting), the General Assembly’s Labor and Public Employees Committee will conduct a public hearing on the following proposed bills, many of which concern “wage and hour” issues: S.B. No. 13 AN ACT CONCERNING THE MINIMUM FAIR WAGE. This proposed bill would increase the minimum wage from the current $10.10/hour…

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Employment-Related Effects of New Executive Orders on Immigration

Many of our readers are undoubtedly wondering about the impact on the workplace of the new administration’s various immigration-related executive orders of the past week. While much of the subject matter of those orders is beyond the scope of this employment-law blog, there are a handful of points that employers and employees should be aware…

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Latest Developments from the Connecticut General Assembly: January 31st Public Hearing

On Tuesday, January 31, 2017, the General Assembly’s Labor and Public Employees Committee will conduct a public hearing on the following proposed bills: Proposed H.B. No. 5151 AN ACT CONCERNING TIMETABLES FOR MUNICIPAL BINDING ARBITRATION. This proposed bill would require all municipal employers and unions to complete negotiations within one year from the date that…

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Can FMLA Leave Ever Be Used for the Flu?

The flu season has begun. According to the Connecticut Department of Public Health’s weekly updates, influenza activity is rapidly increasing in Connecticut and throughout the region. Since the flu is contagious, employees should be encouraged to stay home if they come down with the virus, but did you know that leave for the flu (and…

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Finding Ways to Sue

An employee who is terminated from employment does not have a legal right to sue the employer simply because he believes that the termination was “unfair.” While union contracts typically contain a provision that discipline, including termination, be for just cause, there is no similar statute or rule of law that protects non-union employees generally.…

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ALERT: NEW FORM I-9 MANDATORY FROM JANUARY 22, 2017

Beginning this Sunday, January 22, 2017, employers will be required to use the most current version of U.S. Citizenship & Immigration Service Form I-9, the form employers are required to use to verify the employment authorization of each individual they hire.  While the new form has co-existed with the 2013 version since the newer one…

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