Topic: Employment

Revamping Overtime Regulations: No Specifics Yet

President Obama announced this week that he is directing the Secretary of Labor to “modernize and streamline” existing overtime regulations under the Fair Labor Standards Act. He characterized the current regulations as “outdated,” and instructed the Secretary to “consider how the regulations could be revised to update existing protections consistent with the intent of the…

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The Current State of Whistleblower Protections in Connecticut

In the employment context, a “whistleblower” is an employee who discloses the illegal practices of his employer, usually by a report or complaint to a public authority.  There are a variety of statutory protections for whistleblowers, and the current legislature is contemplating an expansion of these protections. Oddly, the initial legal protection for whistleblowers in…

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Will The Material Change Doctrine Reduce Your Ability to Enforce Your Non-Competes?

Consider this:  An employee signs a perfectly reasonable non-compete/non-solicitation agreement at the inception of employment.  The employee remains with the employer for ten years and during that period, receives several promotions each of which changes or increases the employee’s duties.  Each of these jobs requires the employee to have significant customer contacts and become privy…

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2014 Seminar Speaker Announced

We are pleased to announce that Paul Lambert of 360 Corporate Benefit Advisors, an independent employee benefits consulting agency with specific expertise in health and welfare consulting,  will be the lunchtime speaker at our upcoming seminar on March 14.  His topic is The Affordable Care Act—A View from Ground Zero.  Paul will cover how the…

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Limits on Control of Employee Smoking

The recent announcement by CVS pharmacies to eliminate the sale of cigarettes and other tobacco products prompts a review of the employment statutes that pertain to smoking by employees.  In brief, employers can limit or prohibit smoking on the job, but not outside the course of employment. Section 31-40q of the Connecticut General Statutes protects…

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What is the Appropriate Punishment for Actual and Perceived Threats in the Workplace?

Employers increasingly are concerned about threats to safety in the workplace.  At the same time, employers must be aware of the rights of any  employee accused of wrongdoing.  For a discussion of a recent case highlighting this tension, please visit Education Law Notes.…

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2014 Labor, Employment, Employee Benefits and Immigration Law Seminar

As part of Pullman & Comley’s ongoing seminar series addressing the latest legal developments affecting employers and the workplace, we are pleased to announce that our Spring Seminar will be held this year on Friday, March 14 in Norwalk. Topics will include: The Affordable Care Act: What Employers Need to Know Now The DOL’s “Misclassification…

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Hear No Evil; See No Evil: The General Corporate Knowledge Presumption

In a previous post, we discussed the importance of Kwan v. The Andalex Group LLC, – F.3d – (2d Cir. 2013) as it related to the likelihood of obtaining summary judgment on Title VII retaliation claims in the aftermath of the U.S. Supreme Court’s Nassar decision, which seemingly raised the employee’s standard of proof of…

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What Can We Expect from this Connecticut General Assembly Session?

 On February 6, 2014, the 2014 session of the Connecticut General Assembly began.  Since this is an election year, the session will be relatively short, with adjournment scheduled for May 7, 2014.   We can expect a plethora of proposed bills affecting Connecticut employers and employees that will be unleashed during the session, most of which…

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Good Cop or Bad Cop: The Public’s Right to Know

As you may have learned through media reports or your favorite television cop show,  allegations of misdeeds by police officers usually proceed through a police department’s “Internal Affairs” [“IA”] investigation process.  In today’s world, it is not surprising that journalists and members of the public may want to have access to these IA records and…

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What is a Workday?

Connecticut has an interesting statute, Conn. Gen. Stat. 31-21, which declares that “eight hours of labor performed in any one day by any one person shall be a legal day’s work unless otherwise agreed.”  But what is the meaning of a ‘legal day’s work,” and does it restrict employers and employees who would like to…

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Employee or Independent Contractor? – If You Have the Right to Control Them, They’re Yours

When we analyze the question whether a worker is an employee or an independent contractor, we usually approach the issue from the point of view of the Connecticut Department of Labor and apply the “ABC” test, or from the point of view of another government agency (i.e., the IRS or the USDOL) and apply the…

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Yesterday, January 28th was Data Privacy Day!

Led by the non-profit group, National Cyber Security Alliance, the first Data Privacy Day was celebrated in the United States in 2008.   We here at Pullman & Comley got a jump on celebrating Data Privacy Day with our “Data Privacy, Cybersecurity and Your Business” Seminar last week, and we know that it is important to…

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Supreme Court Defines “Clothes”

Yesterday (January 27), the Supreme Court issued a ruling that defines the word “clothes” for purposes of a federal statute that allows employers and unions to bargain over pay for time spent by employees “changing clothes or washing at the beginning or end of each workday.”  According to Justice Scalia, who relies on a 1950…

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Employee Gripes: When Employers Should Take Them Seriously

An employee’s speech in the workplace may be disruptive to the day-to-day running of your company or worse, downright offensive and “bad for business.”  This blog post will discuss when an employer is free to discipline an employee for their speech and when they can not because some speech begets legal protection while other speech…

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