On Thursday, February 21, 2019, the General Assembly’s Labor and Public Employees Committee will conduct a public hearing on numerous proposed bills. The hearing will take place at 2:30 P.M. in Room 2C of the Legislative Office Building. Of note is that several of these bills (specifically, H.B. Nos. 5637, 6926, 6930, 6935, and 6936) appear to be in response…
On Thursday, February 14, 2019, the General Assembly’s Labor and Public Employees Committee will conduct a public hearing on the following proposed bills: S.B. No. 1 AN ACT CONCERNING PAID FAMILY AND MEDICAL LEAVE. Resuscitating a proposal from the most recent legislative sessions, this bill would provide paid family and medical leave benefits to eligible…
The 2018-19 season for certified Connecticut teacher and administrator contract negotiations is just about officially in the books. While a handful of contracts have yet to be reported, this year’s certified negotiation season could end with exactly one true interest arbitration award for certified teacher and administrator bargaining units. The Waterbury teachers’ interest arbitration award…
Employers might welcome a notice of resignation from a troublesome employee as a simple solution to a problem. But what are the ramifications when the employee tries to rescind his resignation? In most cases the better choice will be to reject the rescission and hold the employee to his resignation. Ensuing litigation may have to…
On January 9, the 2019 session of the Connecticut General Assembly began. The session is scheduled to adjourn on June 5, 2019. Numerous proposed bills affecting Connecticut employers and employees will be unleashed during the session, many of which will never see the light of day. The General Assembly’s Labor and Public Employees Committee will…
A small business client called on January 2. “Happy New Year,” he said. “What’s the new minimum wage? I have to re-program my payroll.” I was able to give him some good news, for a change. In Connecticut, the minimum wage did not increase on January 1. It remained at $10.10 per hour for most…
At Pullman & Comley’s seminar regarding Developments in Labor & Employment Law last month, attendees at one of the breakout sessions were made aware of a study concerning a recent social and technological phenomenon, that should remind every employer of the importance of properly classifying its workforce as exempt, or non-exempt, under the Fair Labor…
Connecticut companies with employees who work or live in Massachusetts must be aware of a recent Massachusetts law limiting the scope of noncompetition agreements entered into on or after October 1, 2018. What if a Connecticut Employer Specifies that Connecticut Law Applies? The law explicitly provides that a provision mandating the application of a different…
Government agencies with enforcement powers often publish “guidance” in the form of bulletins or FAQ’s (frequently asked questions) to provide assistance in compliance. However, unlike statutes and regulations, the guidance publications are not binding and do not have the force of law. Guidance may be helpful in general, but in a particular instance may be…
It’s been a little over four months since the United States Supreme Court issued its decision in Janus v. AFSCME Co. 31, 585 U.S. ___ (2018). In Janus, as you’ll recall, the Supreme Court in a 5-4 decision held that agency shop provisions – which mandate that public sector employees pay union dues or a…
Since Connecticut passed the Palliative Use of Marijuana Act (“PUMA”), employers have struggled with how to apply its anti-discrimination provisions in various workplace situations. This is especially confusing given that the use of marijuana, even for medicinal purposes, is still considered illegal under federal law. This month, the U.S. District Court for Connecticut, in Noffsinger…
New York employers are subject to several new laws enacted this year aimed at combating sexual harassment in the workplace. In New York, sexual harassment includes harassment not only on the basis of sex, but also on the basis of sexual orientation, self-identified or perceived sex, gender expression, gender identity and the status of being…
According to a recent New York Times article, many employers are struggling to respond to the current opioid epidemic. (The September 21, 2018 article, authored by Jenny Gold, is entitled “Workers Overdose on the Job, and Employers Struggle to Respond.” Find it here.) The article indicates that a stunning 70 percent of employers reported that…
Connecticut’s Freedom of Information Act (“FOIA”) generally provides access to both meetings and records of public agencies. The FOIA does provide an exception to the open meetings requirements for certain “personnel matters,” namely, discussions “concerning the appointment, employment, performance, evaluation, health or dismissal of a public officer or employee, provided that such individual may require…
John Shea
As most are aware, lawsuits brought by college athletes alleging entitlement to wages under the Fair Labor Standards Act (“FLSA”) have been uniformly rebuked by reviewing courts that have immediately dismissed such suits for failure to state a claim. For example, in Dawson v. NCAA, the United States District Court for the Northern District of…
