COVENANTS NOT TO COMPETE ARE PROHIBITED IN CONNECTICUT FOR HOME HEALTH BUSINESSES

Just as the Connecticut legislature was about to vote on the budget this spring, a small provision was dropped into the budget bill. The provision, Section 305 of Public Act 19-117, states that “any covenant not to compete is against public policy and shall be void and unenforceable.” For purposes of this provision, “covenant not…

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EMPLOYERS: DON’T OVERLOOK YOUR TITLE VII DEFENSES!

Last month the U.S. Supreme Court simultaneously resolved a long-running dispute about procedure under Title VII and sent a message to employers that it is important to pay attention and act promptly when faced with a Title VII lawsuit by a current or former employee. Title VII is the fundamental federal law prohibiting discrimination in…

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Reminder: There Must Be a Timely Response to Workers’ Compensation Claims

The workers’ compensation process is usually routine. An employee injured at the workplace receives treatment, which could range from first aid to transport to an emergency room, the employer completes a first report of injury and informs its workers’ compensation insurance carrier, and the insurance company deals with any claim filed by the employee.  But…

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The Aftermath: Developments From The 2019 Session of The Connecticut General Assembly Affecting Employers (Part Two)

In these pages, we recently wrote about the passage of several bills of great import from the recently concluded 2019 Regular Session of the Connecticut General Assembly addressing (paid) family and medical leave, sexual harassment, and remedies for employment discrimination claims, along with increasing the state’s minimum wage. The following are concise descriptions of the…

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The Aftermath: Developments From The 2019 Session of The Connecticut General Assembly Affecting Employers (Part One)

The 2019 Regular Session of the Connecticut General Assembly concluded on June 5, 2019. In light of the passage of several bills of great import (e.g., paid family and medical leave – along with other changes to the state’s FMLA, measures addressing sexual harassment while also expanding remedies for employment discrimination claims, increases in the…

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Connecticut’s Newly Signed Law Imposes New Sexual Harassment Training Obligations

On June 18, 2019, Governor Ned Lamont signed into law a new bill imposing significant changes to sexual harassment training requirements for employers. The bill, entitled “An Act Combatting Sexual Assault and Sexual Harassment,” and dubbed the “Time’s Up Act,” is Connecticut’s response to the #MeToo movement, and overhauls, among other things, Connecticut’s mandate for…

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New Legislation Grants Additional Powers to the Commission on Human Rights and Opportunities

Until about 25 years ago, the Connecticut Commission on Human Rights and Opportunities claimed the power to award both general damages for emotional distress and reasonable attorneys’ fees to complainants who prevailed in a CHRO public hearing.  Then in a landmark decision in 1995, the Connecticut Supreme Court ruled that the CHRO had misapplied the…

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Pay for Work Performed by Non-Exempt Employees: Does “Hours Worked” Include a Few Extra Minutes?

It appears that the new regulations proposed by the U.S. Department of Labor to increase the salary threshold for exemption from the Fair Labor Standards Act overtime requirements will become effective in the foreseeable future. Currently, any employee earning a salary of more than $455 per week is eligible for classification as exempt, as long…

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Proposed Change to Sexual Harassment Law Would Impose Strict Liability on Employers

House Bill 7044, recently reported favorably out of the General Assembly’s Labor and Public Employees Committee, has not yet become law. [see our blog article from March 19, 2019: Latest Developments from the Connecticut General Assembly: The Labor and Public Employees Committee Begins to Speak] In fact, earlier versions of the bill introduced in past…

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WHAT TAX-EXEMPT ENTITIES WITH NO MILLION DOLLAR PLUS EMPLOYEES SHOULD KNOW ABOUT SECTION 4960 EXCISE TAXES

The Tax Cuts and Jobs Act of 2017 added several new provisions to the Internal Revenue Code (the “Code”) which impose new excise taxes on tax-exempt entities. One of these new provisions is Code Section 4960, Tax on Excess Tax-Exempt Executive Compensation. Code Section 4960 imposes excise taxes on certain compensatory payments to certain employees…

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You Can Choose Your Friends, But ….

The U.S. Constitution protects a government employee from retaliation by his or her governmental employer because the employee exercised rights protected by the First Amendment.  Some years ago the Connecticut Legislature decided to extend similar protection to private employment, which is not directly covered by the Constitution.  Connecticut General Statute 31-51q prohibits any employer, public…

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Latest Developments from the Connecticut General Assembly: The Labor and Public Employees Committee Addresses Public Employee Union Membership Issues

At its March 21, 2019 meeting, the General Assembly’s Labor and Public Employees Committee voted favorably on and advanced out of committee House Bill No. 6935 (“An Act Concerning The Right Of A Public Employee To Join Or Support A Union”). On its face, this bill appears to be in response to the U.S. Supreme…

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Latest Developments from the Connecticut General Assembly: The Labor and Public Employees Committee Has Spoken

As you are aware from our prior posts, the General Assembly’s Labor and Public Employees Committee has been quite busy if not hyperactive during the 2019 legislative session. At its March 21, 2019 meeting, the Committee likely finished up its work for this legislative session and approved a final flurry of bills.  The following is…

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

At its March 19, 2019 meeting, the General Assembly’s Labor and Public Employees Committee approved a plethora of bills, with a concentration on expanding various employee rights.  The following is a brief summary of the bills that the Committee voted favorably on and advanced out of committee (and which now await action by the full…

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