Author: Mark Sommaruga

The Aftermath: Developments From The 2016 Session of The Connecticut General Assembly Affecting The Workplace

The 2016 session of the Connecticut General Assembly has just concluded, along with subsequent “special sessions.” Most prominently from an employment law standpoint, the General Assembly passed (and the Governor signed) legislation that: 1) prohibits most employers from inquiring via an initial employment application into a job applicant’s prior criminal history, 2) establishes a state…

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Arbitrators Have The Right To Be Wrong: The Second Circuit Speaks About “Deflategate” (And What’s Next)

When we last wrote about “Deflategate”, Tom Brady, the National Football League Players Association [“NFLPA”] and New England Patriots fans were basking in the glory of the reversal of NFL Commissioner Roger Goodell’s unprecedented four game suspension of Brady related to his alleged role in the alleged deflation of footballs before the 2014 AFC Championship…

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

The General Assembly’s Labor and Public Employees Committee was active before its March 17, 2016 deadline for approving bills, voting favorably and advancing many bills out of committee. Consistent with the Governor’s numerous “second chance” initiatives, the Committee approved a bill that would prevent certain employers from a) requiring job applicants to disclose their criminal…

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Latest Developments from the Connecticut General Assembly: February 25th Public Hearing

On Thursday, February 25, 2016, the General Assembly’s Labor and Public Employees Committee will conduct a public hearing on several proposed bills.  One of the bills to be discussed would prevent employers from requiring job applicants to disclose their criminal histories until after they have been made a conditional offer of employment; certain types of…

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The Appropriate Punishment for Actual and Perceived Threats in the Workplace-Take Two; the Appellate Court (Sensibly) Speaks

Last year, I wrote about an unsuccessful attempt to vacate a puzzling arbitration award that overturned the termination of a school custodian who made threats of violence. In a decision that was officially  issued on October 13, 2015, the Connecticut Appellate Court has (sensibly) reinstated the original termination. In Bridgeport Board of Education v. NAEG, Local…

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Texts, Lies and Footballs: Tom Brady, “Deflategate,” and What’s Next?

Since we last discussed “Deflategate,” New England Patriots Quarterback Tom Brady appealed his four-game suspension resulting from the NFL’s finding that he had committed “conduct detrimental to the league,” based on 1) his “probable” role of being “at least generally aware” that Patriots personnel were involved in the intentional deflation of footballs prior to the…

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Common Sense Prevails: Arbitration Award OK’ing On-Duty Drug Usage Overturned

In the world of labor arbitration, common sense sometimes takes a holiday.  Fortunately, a Superior Court judge recently overturned an arbitrator’s attempt at second guessing an employer’s response to serious misconduct involving on the job drug use. In State of Connecticut v. Connecticut Employees Union Independent, 2014 WL 5572251, a skilled maintainer at the UConn…

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

On Thursday, March 12, 2015, 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 that would require certain “large” employers to pay a quarterly fee to the Department of Labor for each employee that receives…

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Latest Developments from the Connecticut General Assembly: March 3 and 6 Public Hearings

As promised previously, we will be keeping you up to date with developments in the General Assembly. A. On Tuesday, March 3, 2015, the General Assembly’s Labor and Public Employees Committee will conduct a public hearing on the following proposed bills. 1. S.B. No. 953 AN ACT CONCERNING LABOR PEACE. (LAB) 2. S.B. No. 984 (RAISED)…

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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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