Topic: Article

Takeaways For Employers From The Uber, Fox News and Trump Sexual Harassment Scandals

Last week, Uber announced the firing of at least 20 employees, resulting from an investigation of 215 harassment complaints at the company. Then, on June 13, its chief executive, Travis Kalanick, announced he would be taking a leave of absence.  Not long ago, Fox News fired its now-deceased CEO, Roger Ailes, after he and other…

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

We earlier had written about the proposed bills that the General Assembly’s Labor and Public Employees Committee voted favorably on and advanced out of committee at its February 21, 2017 and March 2, 2017 meetings. On March 9th, the Committee acted just ahead of its March 14, 2017 deadline and approved the following bills: LEAVES…

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Latest Developments from the Connecticut General Assembly: February 9th Public Hearing (and wage/hour bills)

On Thursday, February 9, 2017 (weather permitting), the General Assembly’s Labor and Public Employees Committee will conduct a public hearing on the following proposed bills, many of which concern “wage and hour” issues: S.B. No. 13 AN ACT CONCERNING THE MINIMUM FAIR WAGE. This proposed bill would increase the minimum wage from the current $10.10/hour…

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Finding Ways to Sue

An employee who is terminated from employment does not have a legal right to sue the employer simply because he believes that the termination was “unfair.” While union contracts typically contain a provision that discipline, including termination, be for just cause, there is no similar statute or rule of law that protects non-union employees generally.…

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Some Workers Compensation Principles That Are Often Misunderstood

A recent decision of the Connecticut Supreme Court sheds light on some common misunderstandings of the reach of workers compensation benefits. The basic events in Hart v. Federal Express Corporation, 321 Conn. 1 (decided April 19, 2016) are not controversial.  The plaintiff was a delivery driver who experienced a debilitating combination of a large number…

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Should You Allow Your Employees Time Off to Vote? Three Considerations for Connecticut Employers

Election Day is now less than two weeks away. While many states require employers to provide their employees with time off to vote, Connecticut is not one of them. Employers in the state should, however, keep the following considerations in mind: If you provide your employees with paid vacation, personal days or other paid time…

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Where Do the Presidential Candidates Stand on Employment Visas?

While many observers of the 2016 United States presidential campaign have called immigration policy one of the central issues in the election, the implications of that heightened attention to the issue are not equally clear for all stakeholders in the system. Unlike the high-profile deportation, “amnesty,” and border security discussions that capture much of the…

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Update on the Employment Application Process and Background Checks

Now that Massachusetts has barred its employers from asking job applicants about salary information (https://malegislature.gov/Bills/189/House/H4509 ), and Connecticut has joined the “Ban the Box” trend (prohibiting employers from asking applicants about arrests and convictions in an initial job application), and since many businesses still do not understand either the federal Fair Credit Reporting Act’s requirements…

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Wake Up! The New Overtime Rule Takes Effect Soon!

It’s September 6, the day after Labor Day, symbolically the end of summer, traditionally the first day of school, and psychologically the beginning of the homestretch on the year. It’s also 85 days until December 1, which is the effective date of the new federal rule on who qualifies for the white-collar overtime exemptions. If…

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Supreme Court Reaffirms Workers Compensation Exclusivity

Workers compensation has been described as a bargain in which an employee who has suffered a workplace injury relinquishes potentially large common-law tort damages in exchange for relatively quick and certain compensation provided by workers compensation insurance. This principle is known as the exclusivity rule.   In the recent case of Velecela v. All Habitat Services,…

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Connecticut’s Ban-the-Box Legislation Becomes Law: Have You Revised Your Company’s Job Application?

On June 1, 2016, Connecticut Governor Dannel Malloy signed into law Public Act No. 16-83, entitled “An Act Concerning Fair Chance Employment” (the “Act”). The lynchpin of the Act is that it prohibits an employer from inquiring about a prospective employee’s prior arrest, criminal charges or convictions on an initial employment application unless (1) the…

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Does The Federal Trade Secrets Act Make A Difference For Connecticut Employers?

The federal Defend Trade Secrets Act (the President signed it on May 11th) went on the books with a lot of fanfare.  For the first time, employers (and other trade secret owners)  have a federal law claim for trade secret misappropriation, and resort to the federal courts for relief.  Previously, trade secret enforcement through civil…

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House Passes Small Business Healthcare Relief Act

Despite repeated guidance from the IRS that employer payment plans violate insurance reforms under the Affordable Care Act (the “ACA”), many small employers continue this arrangement of reimbursing employees for their cost of health insurance purchased on the individual market. Under current law, employers who do not sponsor a group health plan but instead reimburse…

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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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Employers Have Flexibility in Applying the Professional Exemption

The basic premise of the Fair Labor Standards Act with regard to overtime pay is that all employees are to be paid overtime unless they qualify for an exemption. Among the exemptions are the three categories known as “white collar workers:” employees whose primary duty is executive, administrative, or professional, as defined in U. S.…

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