Topic: Federal Act

New Study Suggests Drug Use in Our Workforce is on the Rise ….How Can Employers Protect Themselves and Their Employees?

A recent study released by Quest Diagnostics reveals that drug use in the country’s workforce is on the rise. According to Quest’s analysis of more than ten million tests conducted in 2016, drug use among the combined US. workforce has increased to 4.2 percent, which is a five percent relative increase over 2015’s rate and…

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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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The Law Governing Unpaid Interns, Part II: Rights Under Federal and State Nondiscrimination Laws

This is the second of two blogs covering the law governing unpaid interns and volunteers. Our first blog reviewed the basic criteria for determining whether a worker can properly be considered an unpaid intern or volunteer. This blog focuses on the rights of these uncompensated workers under federal and state nondiscrimination laws. Federal Law For…

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Dueling Time Cards: The Appellate Court Provides Guidance On Resolving Unpaid Wage Claims

Wage and hour law requires employers to keep true and accurate time records for payment of wages and overtime. This is usually a routine exercise with respect to non-exempt employees, for whom employers will have detailed records provided by payroll companies or their own payroll procedures which are required to show, among other things, the…

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No Premium Processing for April 2017 H-1B Petitions

The United States Citizenship & Immigration Services announced on Friday, March 3, 2017, that effective April 3, 2017, it will suspend premium processing of H-1B petitions, for an expected six months. Its stated reason for doing so is to focus on addressing a backlog of long-pending non-premium petitions. Because April 3 is the first day…

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EEOC: Harassment Continues to be a Serious Problem in the Workplace

Unlawful harassment is alive and well in the workplace. According to a report issued last year by a Select Task Force of the Equal Employment Opportunity Commission (“EEOC”) on the Study of Harassment in the Workplace (the “Task Force Report”), almost one third of all charges received by the EEOC in 2015 included an allegation…

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Employment-Related Effects of New Executive Orders on Immigration

Many of our readers are undoubtedly wondering about the impact on the workplace of the new administration’s various immigration-related executive orders of the past week. While much of the subject matter of those orders is beyond the scope of this employment-law blog, there are a handful of points that employers and employees should be aware…

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Can FMLA Leave Ever Be Used for the Flu?

The flu season has begun. According to the Connecticut Department of Public Health’s weekly updates, influenza activity is rapidly increasing in Connecticut and throughout the region. Since the flu is contagious, employees should be encouraged to stay home if they come down with the virus, but did you know that leave for the flu (and…

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ALERT: NEW FORM I-9 MANDATORY FROM JANUARY 22, 2017

Beginning this Sunday, January 22, 2017, employers will be required to use the most current version of U.S. Citizenship & Immigration Service Form I-9, the form employers are required to use to verify the employment authorization of each individual they hire.  While the new form has co-existed with the 2013 version since the newer one…

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News Update: Texas Judge Enjoins Enforcement of U.S. DOL’s Overtime Rule Set to Take Effect on Dec. 1

Judge Amos Mazzant, the President Obama-appointed federal judge sitting in the U.S. District Court for the Eastern District of Texas, issued a decision on November 22, 2016, granting an emergency injunction against the United States Labor Department’s overtime rule.  The rule, previously set to take effect Dec. 1, doubles (to $47,476) the salary threshold for…

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Recordkeeping and the New Federal Overtime Rules

Under the new federal overtime rules effective December 1 (the “Final Rule”), a salaried worker must earn at least $913 per week ($47,476 for a full-year worker) in order to be exempt from overtime pay, up from the current minimum of $455 per week ($23,660 for a full-year worker).  Employees who become newly eligible for…

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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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An Example of the Interplay Between State and Federal FMLA

Any Connecticut employer with more than 75 employees is subject to both the state and federal Family and Medical Leave Acts. The key provisions of the two laws are nearly identical, with one significant exception:  the Connecticut FMLA leave entitlement is 16 weeks within a 24-month period, whereas the federal FMLA entitlement is 12 weeks within…

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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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