Topic: employees

Connecticut’s Ban-the-Box Legislation Becomes Law: Have You Revised Your Company’s Job Application?

On June 1, 2016, Connecticut Governor Dannel Malloy signed into law Public Act No. 16-83, entitled “An Act Concerning Fair Chance Employment” (the “Act”). The lynchpin of the Act is that it prohibits an employer from inquiring about a prospective employee’s prior arrest, criminal charges or convictions on an initial employment application unless (1) the…

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Once An Employee – Never A Volunteer

It should be obvious that employees cannot be required to perform services for their employers as “volunteers.” This is properly seen by the Department of Labor as a ruse to avoid paying wages or overtime. By contrast, volunteers such as those who donate their services to public service, religious or humanitarian organizations, are not considered…

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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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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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The FOIA and the Great Beyond-Personnel File Exceptions Do Not Belong to the Deceased

In a recent case, the Superior Court reminded us all about the limitations that exist under the so-called “personnel files” exception to the disclosure of records under Connecticut’s Freedom of Information Act (FOIA).  One prominent limitation to this exception is that one must actually be alive in order to assert a privacy right in a…

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