Topic: Labor

Changes to New York State’s Sexual Harassment Laws: What Employers Need to Know

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…

Read more

THE OPIOID CRISIS IN CONNECTICUT: ARE EMPLOYERS RESPONDING EFFECTIVELY?

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…

Read more

PERSONNEL MATTERS, THE CONNECTICUT FOIA AND COMMON MISTAKES

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…

Read more

Third And Long– Former Villanova Wide Receiver Fights Uphill Battle To Establish Employee Status Under FLSA

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…

Read more

Supervisors Can Have Personal Liability for Employment Discrimination

Supervisors in Connecticut can be held to have personal liability under some statutes prohibiting discrimination in employment, but not others. In a 2002 decision in the case of Perodeau v. City of Hartford, 259 Conn. 729, the Connecticut Supreme Court ruled that the state Fair Employment Practices Act does not impose liability on individual employees. …

Read more

New Guidance from State and Federal Courts for Employers Who Require Arbitration of Employment Disputes

There is an on-going debate in the field of employment discrimination law as to whether an employer can require an employee to take a discrimination claim to arbitration rather than filing a lawsuit. A recent decision of the Connecticut Superior Court at Hartford in the case of Grose v. Didi, LLC gives some guidance on…

Read more

The U.S. Supreme Court’s decision in Janus v. AFSCME on “agency” or “service” fees for non-union members: What public sector employers must (immediately) know

As was discussed in our prior blog post and alert, the U.S. Supreme Court in Janus v. AFSCME,  585 U.S. ____ (June 27, 2018) just issued a ground breaking decision with respect to the collection of agency fees from non-union members, holding that the involuntary withholding of such monies violates the First Amendment “free speech”…

Read more

BREAKING….SUPREME COURT ISSUES DECISION IN JANUS V. AFSCME CO. 31 – AGENCY SHOP DEEMED UNCONSTITUTIONAL AND AGENCY FEES MAY NOT BE CONTINUALLY DEDUCTED WITHOUT AFFIRMATIVE EMPLOYEE CONSENT

The wait is over. For better or worse, this morning the United States Supreme Court issued what may well prove to be the most important public-sector labor law decision of the last 50 years.  By a 5-4 majority the Supreme Court’s conservatives in an opinion authored by Justice Alito have held in Janus v. AFSCME…

Read more

Limits to Enforcement of Non-Compete Agreements

Business clients often ask us whether their non-compete agreements with key employees will actually be enforced by the courts. A recent decision from the Connecticut Superior Court illustrates the limits to enforcing these agreements. Typical of non-compete enforcement situations, the plaintiff company learned that an executive employee who had just resigned had been hired by…

Read more

The Aftermath: Workplace-Related Developments From The 2018 Regular Session of The Connecticut General Assembly Workplace

The 2018 Regular Session of the Connecticut General Assembly concluded on May 9, 2018. Numerous bills that were of significant interest (e.g., paid family and medical leave, other changes to the state’s FMLA, changes in the state’s paid sick leave act, measures addressing sexual harassment, increases in the state’s minimum wage) did not pass. From a…

Read more

What to Include– and What Not to Include– in an Offer Letter

An offer letter is a formal offer of employment to a job applicant. Employers also use offer letters to summarize the basic terms of employment after an applicant has accepted an oral job offer. What to Include in an Offer Letter—the Basics Written offer letters are not required in Connecticut, but employers in the state…

Read more

New York State Passes New Legislation In Response To #MeToo Movement

New York State, and New York City, stepped up this legislative season and passed several new laws in response to #MeToo, aimed at ferreting out and preventing workplace harassment. Here is what employers should know: “Mandatory arbitration clauses” are now prohibited for sex harassment claims in New York.  These provisions require employees to take their…

Read more