Topic: General Statutes

What Is a Regulated Drug Test?

In 1987, the Connecticut legislature passed Public Act 87-551, entitled An Act Concerning Drug Testing in the Workplace, which imposed restrictions on employer-required drug testing (now found at Sections 31-51t et seq of the General Statutes). In general, prospective employees may be required to submit to a drug test as part of the application procedure,…

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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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The Aftermath: Developments From The 2017 Regular Session of The Connecticut General Assembly Affecting The Workplace

The 2017 Regular Session of the Connecticut General Assembly concluded on June 7, 2017 without passing a budget. As such, the General Assembly will eventually have to convene a “special session”.  In the meantime, our legislature did pass several bills that will affect the workplace in Connecticut.  Among other things, the legislature enacted bills that…

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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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It’s Almost Summer! Time to Review the Law Governing Interns, Part I

It’s that time of year again when employers who take on interns and volunteers for the summer are reminded that they must comply with federal and state wage and hour laws (see our own blogs on this subject here and here). There have been a few new developments in the law governing unpaid workers over…

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Bringing Your Dog to Work: Service Animals as Disability Accommodation

The reasonable accommodations for an employee’s disability that may be required by the Americans with Disabilities Act and the Connecticut Fair Employment Practices Act can take many forms, including an employee coming to work each day accompanied an animal. The ADA and the FEPA have two main components for persons with disabilities: protections for employees…

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Second Circuit Identifies Outer Limits of NLRA-Protected Speech

The National Labor Relations Act (NLRA) generally prohibits employers from retaliating against employees based on their union-related activities or for taking concerted action to improve the terms and conditions of their employment, even in the absence of a union. But an employee can lose the protection of the NLRA if he or she acts in…

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The Connecticut Supreme Court Aces Another ABC Test

This is the latest in a series of blog posts on the so-called “ABC Test,” which is used in Connecticut to determine whether a worker is an employee or an independent contractor for purposes of eligibility for unemployment compensation benefits. Last year the Connecticut Supreme Court issued a decision with an employer-friendly interpretation of the…

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NLRB Affirms Stance on Employee Use of Company Email During Non-Work Time

The National Labor Relations Board (NLRB) recently affirmed its 2014 decision in Purple Communications, Inc. and Communications Workers of America, AFL–CIO which held that if employees are granted access to their employer’s email system for work-related purposes, they are presumed to have a right to use that email system on non-working time for communications that…

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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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Gender Identity Bathroom Access – From Schools To The Workplace

As readers of our Education Law Notes blog are well aware, there has been a lot of focus on the rights of transgender students with respect to bathroom access in educational institutions under Title IX. The rights of transgender employees to utilize the bathroom matching their gender identity under Title VII, however, has received far…

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Latest Developments from the Connecticut General Assembly: The Labor and Public Employees Committee Begins to Speak

At its February 21, 2017 and March 2, 2017 meetings, the General Assembly’s Labor and Public Employees Committee began the process of approving bills. The following is a listing (with a brief description) of the proposed bills that the Labor and Public Employees Committee voted favorably on and advanced out of committee at those meetings:…

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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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Latest Developments from the Connecticut General Assembly: February 16th Public Hearing (Wage/Hour and Leave)

On Thursday, February 16, 2017, 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” and leave issues (and some of which were considered last year): S.B. No. 13 AN ACT CONCERNING THE MINIMUM FAIR WAGE.  This proposed bill would…

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