Monthly Archives: April 2014

Update From The 2014 Session Of The Connecticut General Assembly Regarding “Employee Privacy”/Social Media

 On April 23, 2014, the Connecticut Senate approved Senate Bill No. 317, “An Act Concerning Employee Privacy.”  This bill would generally prohibit employers from requiring employees (or job applicants) to provide passwords or user names to their “personal online accounts” as a condition of employment.  Among other things, the bill does contain an exception allowing…

Read more

When Is Someone “At Work”? Implications For Unemployment Compensation Eligibility (And Beyond)

Connecticut’s unemployment compensation statutes disqualify individuals from eligibility for benefits for certain misconduct, such as “willful misconduct in the course of employment.”  A recent court case notes that the “course of employment” could include conduct by individuals in the course of grievance and other labor relations proceedings. In Morales v. Administrator, Unemployment Compensation, 2013 WL…

Read more

“May I Record A Conversation With My Employee Without His Knowledge?”

At the Pullman & Comley Labor, Employment, and Employee Benefits Seminar recently, I was asked by one of the attendees, an HR Director, whether she could record a disciplinary meeting with a troublesome employee without telling the employee. This is a question that comes up from time to time. More often, it’s an employee who…

Read more

Testing the Boundaries of the Faragher/Ellerth Defense in Sexual Harassment Cases

In 1998, the U.S. Supreme Court created a defense for employers accused of permitting a supervisor to engage in unlawful sexual harassment of an employee.  In two seminal cases, the Court held that an employer is not vicariously liable for a supervisor’s workplace harassment of a subordinate if the employer can show: (1) that it…

Read more

New Guidance – Is that Rollover Contribution Valid?

Since 1992, the ability to move retirement money from one qualified plan to another qualified plan or individual retirement account has been simplified.  One hiccup in this easing process has been determining the level of due diligence the recipient plan must do to confirm that the proposed rollover contribution is coming from a valid source. …

Read more

Déjà vu All Over Again: Planning For New Hires In Light of The H-1B Visa Lottery

For the second year in a row, the United States Citizenship & Immigration Service (USCIS) has received more petitions in the opening week of H-1B visa season than the number of visas that are available for the entire year.  This is true of both the “standard” and “U.S. advanced degree” caps.  Consequently: The USCIS will…

Read more

Latest Developments From The Connecticut General Assembly: The Labor and Public Employees Committee Speaks

Before the deadline for committee action, the General Assembly’s Labor and Public Employees Committee voted favorably on a plethora of bills and advanced them out of committee. Among the most noteworthy were: 1) a bill increasing the minimum wage, which has already been passed by both houses of the General Assembly and signed into law…

Read more

Workplace Bullying and The Law

Could Jonathan Martin successfully sue the Miami Dolphins and Richie Incognito for workplace bullying?  Probably not. For one reason or another, the existing array of legal claims do not cover much of what would be considered workplace bullying.  And while there have been thoughtful efforts to develop model legislation which would provide a right of…

Read more