Topic: Employment

They’re Back! What Should Employers Expect from the 2018 Connecticut General Assembly Session?

On February 7, the 2018 session of the Connecticut General Assembly began. The session is scheduled to adjourn on May 9, 2018. Numerous proposed bills affecting Connecticut employers and employees will be unleashed during the session, most of which will never see the light of day. The Labor and Public Employees Committee will be where…

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Connecticut Employers Have New Notification Requirement Beginning January 29

The Connecticut Fair Employment Practices Act (CT FEPA) was amended during the past legislative session to enhance the protections available to pregnant women in the workplace. Among the new provisions of the law (which applies to employers of three or more employees as well as the state and political subdivisions) is the requirement that the…

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OSHA “Paper” Investigations

The federal Occupational Safety and Health Administration has broad power to inspect workplaces. Section 8 of the Occupational Safety and Health Act empowers OSHA inspectors “to enter without delay and at reasonable times any factory, plant, establishment, construction site” or other workplace.  Inspectors have the right to inspect and investigate during regular working hours and…

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The Critical Impact of Pretext in Employment Discrimination Cases

“I can’t believe you are firing me for ‘performance issues’. I received ‘exceeds expectations’ in all categories of my last five performance evaluations. You gotta be kidding me!” “I don’t understand why you denied me the promotion to assistant manager on the basis that I don’t have a college degree. None of the last three…

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When Does Work Constitute “Training” For Purposes Of Determining Whether An Intern Is Really An Employee?

The U.S. Court of Appeals for the Second Circuit (which includes Connecticut) recently revisited the question of when an unpaid intern is actually an intern, as opposed to an employee. This time, the Court focused on whether the internship provided sufficient “training” to qualify as an internship even though the interns were often performing menial…

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USCIS to Rescind Work Authorization Rule for H-4 Spouses

On December 14, 2017, the Department of Homeland Security announced that it is preparing proposed regulations eliminating United States work authorization for certain holders of H-4 visas, a derivative visa classification that permits a member of an H-1B visa holder’s family to accompany him or her to the United States. The authorization in question was…

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BETTER LATE THAN NEVER: LABOR AND EMPLOYMENT EFFECTS OF THE STATE BUDGET “IMPLEMENTER”

While several bills were enacted earlier this year affecting Connecticut employers (see our post on them here), the 2017 regular session of the Connecticut General Assembly was not the final word. Due to the lack of a budget, the General Assembly had to convene a “special session.”  Finally, in late October, our long state nightmare…

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Paid Family Leave May Be Just Around the Corner

Although the Connecticut General Assembly was not particularly active in employment legislation– perhaps because of the protracted budget crisis– our neighboring State of New York adopted a major new employment entitlement this year: paid family leave. Commencing on January 1, 2018, most employees in New York State will be eligible to receive weekly benefit payments…

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AN EARLY HALLOWEEN TRICK FOR CONNECTICUT’S PUBLIC-SECTOR LABOR UNIONS: WILL JANUS V. AFSCME, CO. 31 BE THE END OF THE AGENCY SHOP?

Did Halloween come early this year? Well it just may have for Connecticut’s public-sector unions. On September 28th, the United States Supreme Court granted certiorari in Janus v. American Federation of State, County, and Municipal Employees, Council 31, thus once again agreeing to hear a case that poses the question of whether union agency fee…

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What Are the Limits of Reasonable Accommodation?

The Americans with Disabilities Act requires employers to make reasonable accommodations to the known mental or physical limitations of an otherwise qualified individual. The Act defines a qualified individual as someone who, with or without accommodation, “can perform the essential functions of the employment position that such individual holds or desires.”  Furthermore, the Act defines…

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Making Sure Your At-Will Employees Remain At-Will

Almost every state, including Connecticut, recognizes the doctrine of employment-at-will, meaning that in the absence of a contractual provision to the contrary, the employer or the employee can terminate the employment relationship at any time, for any reason or for no reason. There are federal and state statutory exceptions to the employment-at-will doctrine, such as…

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When Can An Employee Quit and Sue?

You might think that before filing a lawsuit for wrongful discharge, an employee would have to actually be discharged, but that is not necessarily so. Employment law includes a principle known as “constructive discharge,”  in which an employee can resign but claim that he was forced to quit by the improper actions of the employer,…

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Another Form of Workplace Harassment

Harassment is a form of workplace discrimination.   The most well-known is sexual harassment, which can consist of unwelcome sexual advances or requests for sexual favors, but also includes conduct of a sexual nature which interferes with an individual’s work performance or creates an intimidating, hostile or offensive working environment.  Sexual harassment is prohibited in discrimination…

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New York Employers, Beware of What You Ask Your Applicants and Employees: New York City’s Salary History Inquiry Ban

Because many of our clients are located in New York or have employees in New York, this blog post is the first of several posts on updates to New York, and New York City employment laws and regulations. More will follow in the coming weeks. On May 4, 2017, Mayor de Blasio signed into law…

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