Monthly Archives: February 2015

H-1B Crunch Time Is Upon Us; Act Now Or Be On The Sidelines Until 2016

With the United States job market continuing to recover slowly but steadily, and immigration reform legislation becoming an increasingly more distant possibility in the 114th Congress, it is extremely likely that H-1B visas for the upcoming fiscal year will be oversubscribed, and that there will be a lottery for the visas among those who apply…

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Latest Developments from the Connecticut General Assembly: February 24 and 26 Public Hearings

As we promised previously, we will be keeping you up to date with developments in the General Assembly. A. On Tuesday, February 24, 2015, the General Assembly’s Labor and Public Employees Committee will conduct an “off site” public hearing on: a) 26 different proposed bills that would modify the “prevailing wage” statute that applies to municipal construction…

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Federal FMLA Regulations Recognize Same-Sex Marriages

The U.S. Department of Labor today announced changes to the regulations that define a “spouse” for purposes of the federal Family and Medical Leave Act.  The changes fully implement the U.S. Supreme Court’s decision in United States v. Windsor, which struck down the Defense of Marriage Act.  That statute had defined the terms “marriage” and…

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Medical Insurance Premium Reimbursement — A Brief Reprieve for Small Employers

Some employers – particularly smaller ones – have assisted their employees to obtain health insurance by reimbursing them for the cost of insurance they purchase in the individual market.  Does this practice satisfy the requirement of the Affordable Care Act?  On February 18, 2015, the Internal Revenue Service issued Notice 2015-17 (“the Notice”), which reiterates…

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Reasonable Accommodation of a Disability Does Not Require Elimination of an Essential Job Function

The federal Americans with Disabilities Act prohibits discrimination in employment against a qualified individual on the basis of disability, and discrimination includes failing to make a reasonable accommodation. The Connecticut Supreme Court has recently ruled that the Connecticut Fair Employment Practices Act also imposes a reasonable accommodation requirement on employers, even though not explicitly stated…

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Latest Developments from the Connecticut General Assembly: February 17th Public Hearing

On Tuesday, February 17, 2015, the General Assembly’s Labor and Public Employees Committee will conduct a public hearing on the following proposed bills: 1. Proposed S.B. No. 81 AN ACT CONCERNING JOURNEYMEN AND APPRENTICES. 2. Proposed S.B. No. 108 AN ACT CONCERNING THE ABILITY OF ARBITRATION PANELS TO COMPROMISE WHEN RULING ON MUNICIPAL CONTRACT DISPUTES.…

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2015 Labor, Employment Law and Employee Benefits Seminar

Pullman & Comley is pleased to continue its annual seminar on labor and employment law with a program that offers Connecticut businesses practical, real world tactics to address the many labor and employment and employee benefits issues they face today. Topics that will be covered include: Responding to a Retaliation, Discrimination or Harassment Claim The…

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Developments in Pregnancy Discrimination Law: UPS, EEOC, and I

Readers of this blog have seen several posts on the topic of pregnancy discrimination. In the last couple of weeks, the following additional developments concerning the topic have occurred: 1.  You previously read about the issue of “forced leave,” which arises when a pregnant employee is unable to carry out essential job functions due to a pregnancy-related…

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Latest Developments from the Connecticut General Assembly: February 5, 2015 Committee Meeting

As we promised previously, we will be keeping you up to date with developments in the General Assembly.  The following is an update as to where we stand on labor and employment related legislation. At its February 5, 2015 meeting, the General Assembly’s Labor and Public Employees Committee voted to raise the following “concepts” as bills for…

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Commentary: Newtown School Lawsuit Offers Painful Casting of Blame

Attorney Michael McKeon has a very insightful article about the lawsuits filed against the Newtown School District relating to the 2012 Sandy Hook school shooting tragedy.  Mike discusses legal as well as practical issues involved in the plaintiff’s lawsuit.  You can find the Connecticut Law Tribune article here.…

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Avoid Being the Test Case for Gender Identity Discrimination

A former sales associate at Saks Fifth Avenue’s Houston, Texas store recently filed suit in federal court claiming discrimination based on her gender identity.  Leyth Jamal is a transgender individual who identifies as a woman.  She claims that during her employment with Sak’s, managers persistently harassed her about her gender identity.  Specifically, Jamal claims that…

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