Topic: Labor

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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The Regular Rate of Pay May Not Be As Obvious As It Seems

This blog has previously addressed various complications in establishing the regular rate of pay on which the calculation of overtime is based. See our November 21, 2016 post Importance of Establishing An Employee’s Regular Rate of Pay here..   To recap, overtime pay is calculated at the rate of one and one half times an employee’s…

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Connecticut Supreme Court Rules Against Use of Fluctuating Workweek Method in Calculating Overtime Pay for Retail Employees

On August 17, 2017, in Williams v. General Nutrition Centers, Inc., the Connecticut Supreme Court invalidated the fluctuating workweek method of calculating overtime pay for retail employees who are paid in whole or in part by commission.  The effect of this ruling is particularly significant to multi-state retail establishments with Connecticut employees, as the ruling…

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Overtime Update

What happened to the Obama administration’s proposed new rule on employee eligibility for overtime pay?  Seven months into the Trump administration, do we know what to expect?  Recent events provide some clarity on these questions. A year ago, many employers were preparing to implement a new rule adopted by the U.S. Department of Labor, under…

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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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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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