Monthly Archives: June 2014

The Supreme Court Says Public Employee’s Court Testimony Protected From Retaliation Under The First Amendment, At Least To The Extent Testifying Is Not A Job Duty

Eight years ago the United States Supreme Court, in Garcetti v. Ceballos, instructed that speech undertaken pursuant to a public employee’s job duties is “employee” speech and not “citizen” speech, and hence is not protected by the First Amendment. Since issuance of Garcetti, lower courts have wrestled with the task of determining exactly when an…

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How Important is Attendance at Work?

The answer seems obvious. The employer must decide what hours of work are best for producing its products or serving its customers, and employees must maintain regular and reliable attendance during those hours. In fact, non-exempt employees are paid by the hour because they only provide value for the company when they are at work…

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Some Little-Known Leave of Absence Requirements

Connecticut employers are generally familiar with the chief leave of absence requirements, such as family and medical leave (starting with employers of 50 or more employees who are covered by federal FMLA) or leave for military personnel called to active duty. But there are some other requirements, more rarely encountered, that create other leave obligations.…

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Connecticut Congressman Sponsors “Payroll Fraud Prevention Act”

Readers of this blog will be aware that the misclassification of employees as independent contractors has been a major concern of state and federal authorities for several years. Employers don’t provide workers compensation insurance for independent contractors, they’re not eligible for unemployment compensation benefits, and they’re not paid overtime if they work more than 40…

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Pregnancy and “Forced Sick Leave.” The Intersection of State and Federal Law, and What Is Permissible In the Connecticut Workplace

The situation that is at the epicenter of a recent controversy involving a Pier 1 employee, and a recent Connecticut federal court case, arises in the context of a pregnant employee being unable to carry out essential job functions due to a pregnancy-related condition.  The employer may then “force” the employee to commence the use…

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