Monthly Archives: July 2014

What Is The Interactive Process?

The interactive process is a crucial step for an employer in dealing with an employee’s request for accommodation of a disability. Failure to conduct and document the interactive process can result in liability under the Americans with Disabilities Act and the related Connecticut fair employment practice statutes, even when the employee’s initial request might not…

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Can Watching Grandchildren Entitle Employee To FMLA Leave?

As all employers covered by the federal Family and Medical Leave Act (FMLA) are well aware, that Act requires them to provide up to 12 weeks of leave to employees providing care to covered family members with a serious health condition.  While a spouse, son, daughter, or parent is a covered family member under the…

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EEOC Issues New Guidance on Pregnancy Discrimination

Clients often call with questions regarding their need to provide accommodations to pregnant women.  In fact, I received such a call last week and was working through a particularly complicated issue when the Equal Employment Opportunity Commission issued new guidelines yesterday attempting to clarify how employers must accommodate employees with pregnancy-related disabilities.  While pregnancy accommodation…

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More Executive Action on Immigration Reform: Work Authorization For H-4 Spouses

In a new draft rule notable not only for its substantive content but also for the fact that it represents another incremental immigration reform measure undertaken by executive action in lieu of stalled Congressional legislation, the U.S. Citizenship & Immigration Service is proposing to grant some spouses of H-1B visa holders employment authorization of their…

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What Does the Unemployment Rate Actually Tell Us?

The percentage rate of unemployment, known as the “official unemployment rate,” is the ratio of those who are unemployed compared to those in the civilian labor force. Those in the labor force are defined as persons who were working or actively looking for work within the last four weeks. This percentage rate, called U-3, is…

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Fortunately, Sometimes Life is “Unfair”: Town of Greenwich v. Greenwich Municipal Employees Association and Reversal of an Overreaching Arbitration Decision

Lawyers like to believe that arbitration decisions concerning employee discipline should be made in accordance with the law and the applicable collective bargaining agreement, not solely by an arbitrator’s personal notions of fairness.  In a decision issued June 5, 2014, a Superior Court judge reminded us that while arbitration rulings usually are difficult to overturn,…

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Lowe’s Settles Independent Contractor Misclassification Case

Buying something at Lowe’s? Need help putting it where it belongs, hooking it up, making it work? “Get it installed by a Lowe’s professional,” Lowe’s advertises. Over 4000 such “Lowe’s professionals” in California are members of the plaintiff class in an action alleging that Lowe’s misclassified its installers as independent contractors, rather than employees, thus…

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