The Connecticut Supreme Court Aces Another ABC Test

This is the latest in a series of blog posts on the so-called “ABC Test,” which is used in Connecticut to determine whether a worker is an employee or an independent contractor for purposes of eligibility for unemployment compensation benefits. Last year the Connecticut Supreme Court issued a decision with an employer-friendly interpretation of the…

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Supervisor’s Personal Liability for Harassment

A recent case filed in the Waterbury superior court, Denault v. Community Mental Health Affiliates, et al, alleging an unfortunately familiar pattern of sexual harassment in violation of the Connecticut Fair Employment Practices Act, named both the company and the harassing supervisor as defendants, and alleged that the individual supervisor had personal liability for his…

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NLRB Affirms Stance on Employee Use of Company Email During Non-Work Time

The National Labor Relations Board (NLRB) recently affirmed its 2014 decision in Purple Communications, Inc. and Communications Workers of America, AFL–CIO which held that if employees are granted access to their employer’s email system for work-related purposes, they are presumed to have a right to use that email system on non-working time for communications that…

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What Is the Extent of an Employer’s Liability For the Acts of an Employee?

An employer can be liable for injury done by an employee to a third party under the doctrine known as vicarious liability. Vicarious liability can arise when the employee’s activity that caused the injury was done 1) on the express orders or directions of the employer, 2) carrying out the employer’s business within the scope…

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

We earlier had written about the proposed bills that the General Assembly’s Labor and Public Employees Committee voted favorably on and advanced out of committee at its February 21, 2017 and March 2, 2017 meetings. On March 9th, the Committee acted just ahead of its March 14, 2017 deadline and approved the following bills: LEAVES…

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Can You Fire The Needle-Phobic Pharmacist Who Refuses To Perform Immunizations?

As more and more pharmacies move into the role of providing immunizations, someone has to perform those immunizations.  Often, this duty falls to the pharmacist.  So, what happens when a pharmacist claims he cannot perform immunizations due to trypanophobia – the fear of needles?  According to the Second Circuit Court of Appeals (the federal appellate…

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Gender Identity Bathroom Access – From Schools To The Workplace

As readers of our Education Law Notes blog are well aware, there has been a lot of focus on the rights of transgender students with respect to bathroom access in educational institutions under Title IX. The rights of transgender employees to utilize the bathroom matching their gender identity under Title VII, however, has received far…

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Workers Comp Continues To Be Exclusive Remedy for Workplace Injuries

Workers compensation laws are among the oldest protective labor statutes, dating back to the early 1900’s. Workers compensation embodies a simple tradeoff: employees may not bring personal injury lawsuits against their employers for workplace injuries, but in return there is mandatory insurance so that claims can be processed quickly with funds available for payment, and…

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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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