Topic: employment

Workers Comp Continues To Be Exclusive Remedy for Workplace Injuries

Workers compensation laws are among the oldest protective labor statutes, dating back to the early 1900’s. Workers compensation embodies a simple tradeoff: employees may not bring personal injury lawsuits against their employers for workplace injuries, but in return there is mandatory insurance so that claims can be processed quickly with funds available for payment, and…

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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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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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Wake Up! The New Overtime Rule Takes Effect Soon!

It’s September 6, the day after Labor Day, symbolically the end of summer, traditionally the first day of school, and psychologically the beginning of the homestretch on the year. It’s also 85 days until December 1, which is the effective date of the new federal rule on who qualifies for the white-collar overtime exemptions. If…

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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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Coming To A Workplace Near You: “Legal” Bi-Weekly Pay, Direct Deposit and Pay Cards

A prominent portion of Connecticut workplaces provide payment to employees via a bi-weekly pay check, with the weekly pay check almost an anachronism. In addition, many workplaces pay their employees by “direct deposit” of wages into the employees’ bank accounts.  To be blunt, many of these arrangements have been less than legal under Connecticut’s wage-hour…

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What Is Termination For Cause?

“At-will” employment is an established legal principle in Connecticut. Most non-unionized Connecticut employers publish a statement to employees, either in an employee handbook or employment application materials or both, that the employment relationship between the employee and the company is employment at will.  These “disclaimer” statements typically explain that at-will employment means that the employment…

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Latest Developments from the Connecticut General Assembly: The Labor and Public Employees Committee Speaks

The General Assembly’s Labor and Public Employees Committee was active before its March 17, 2016 deadline for approving bills, voting favorably and advancing many bills out of committee. Consistent with the Governor’s numerous “second chance” initiatives, the Committee approved a bill that would prevent certain employers from a) requiring job applicants to disclose their criminal…

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Bad News, Good News: Disability Discrimination Plaintiff Sometimes Need Not Show He Was Qualified, But May Never Recover Punitive Damages

In a decision to be officially released on May 19, 2015, the Connecticut Appellate Court has addressed two interesting issues in the state law of employment discrimination, one of which is of considerable importance (and comfort) to employers. First, the court identified a relatively unusual situation in which a plaintiff claiming that he was discriminated…

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State Law Can Override Control Test for Employment

Past articles in this blog have discussed the control test for establishing an employment relationship as opposed to independent contractor status, (see Lowe’s post here and Employee or Independent Contractor post here.)  Although government agencies such as the Department of Labor or IRS describe the test in various ways, the fundamental concept is control, and…

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Update From The 2014 Session Of The Connecticut General Assembly Regarding “Employee Privacy”/Social Media

 On April 23, 2014, the Connecticut Senate approved Senate Bill No. 317, “An Act Concerning Employee Privacy.”  This bill would generally prohibit employers from requiring employees (or job applicants) to provide passwords or user names to their “personal online accounts” as a condition of employment.  Among other things, the bill does contain an exception allowing…

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“May I Record A Conversation With My Employee Without His Knowledge?”

At the Pullman & Comley Labor, Employment, and Employee Benefits Seminar recently, I was asked by one of the attendees, an HR Director, whether she could record a disciplinary meeting with a troublesome employee without telling the employee. This is a question that comes up from time to time. More often, it’s an employee who…

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2014 Seminar Speaker Announced

We are pleased to announce that Paul Lambert of 360 Corporate Benefit Advisors, an independent employee benefits consulting agency with specific expertise in health and welfare consulting,  will be the lunchtime speaker at our upcoming seminar on March 14.  His topic is The Affordable Care Act—A View from Ground Zero.  Paul will cover how the…

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2014 Labor, Employment, Employee Benefits and Immigration Law Seminar

As part of Pullman & Comley’s ongoing seminar series addressing the latest legal developments affecting employers and the workplace, we are pleased to announce that our Spring Seminar will be held this year on Friday, March 14 in Norwalk. Topics will include: The Affordable Care Act: What Employers Need to Know Now The DOL’s “Misclassification…

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Before Adopting a Restrictive Covenant Program, Check For Fundamentals?

A relatively recent Connecticut Superior Court decision holding certain non-compete and non-solicitation covenants unenforceable illustrates the need for businesses to focus on fundamentals in creating and litigating these provisions.  It also illustrates that in some instances, old axioms in this area don’t always apply. The old axiom here is that courts are more inclined to…

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