It’s time to take a short break from all the healthcare changes and focus on your December 1st and 15th deadlines for the following participant notices for calendar year retirement plans: Annual Safe Harbor 401(k) Notice – December 1, 2013 The annual safe harbor notice must be provided to all plan participants at least 30…
The Office of Federal Contract Compliance Programs (“OFCCP”) has announced new regulations that will affect federal contractors’ and subcontractors’ recruiting of veterans and disabled employees. The new regulations take effect on March 24, 2014, with some exceptions, and have been enacted under the Vietnam Era Veterans’ Readjustment Assistance Act of 1974, and Section 503 of…
The Internal Revenue Code provides for various dollar limitations on benefits, contributions, and compensation for tax-qualified employee benefit plans. Recently, the Internal Revenue Service announced cost of living adjustments (COLAs) for 2014, including limits relating to 401(k) and other tax-qualified retirement plans. Some dollar limits such as the salary deferral contribution limit to 401(k) plans…
Did embattled Yankee third baseman Alex Rodriguez make a sound strategic judgment in walking out of his grievance arbitration hearing yesterday concerning his 211-game, PED-related suspension after the arbitrator denied his request to have MLB Commissioner Bud Selig, the person who made the suspension decision, testify? Should you do the same thing when an arbitrator…
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…
The Connecticut Supreme Court recently released a decision, SC19085 that puts to bed an issue that frequently arises when employers attempt to have departing employees release ALL claims against the company – including workers’ compensation claims. In Leonetti v. MacDermid, Inc., the employer and employee entered into a settlement agreement to pay the employee $70,000…
On October 29 and November 12, members of Pullman & Comley, LLC’s Labor, Employment Law and Employee Benefits Department presented an intensive seminar to the Connecticut Automotive Retailers Association. Significant highlights included: Personnel Files: Under the recent amendments to the Connecticut’s Personnel Files Act, Public Act No. 13-176, all employers need to be aware that…
As you may recall, in 2011, Connecticut become the first state in the nation to enact mandatory paid sick leave legislation. This mandatory paid sick leave law, which became effective January 1, 2012, required most public-sector employers with more than 50 employees – such as school boards and municipalities — and most non-manufacturing, private-sector employers…
Recent developments in two California lawsuits confirm that employers take big risks if they agree with competitors not to recruit each other’s employees. Apple, Google, eBay, Intuit, and other large technology companies face antitrust claims from both the U.S. Justice Department and employees arising from “handshake agreements” that may have been intended to call a…
Yesterday, the United States Supreme Court heard argument in another “donning and doffing” case. Donning and doffing refers to the need for employees to put on (“don”) and take off (“doff”) clothing as part of their job. The last time the U.S. Supreme Court heard a donning and doffing case IBP v. Alvarez, et.al, 03-1238 …
Parties often include in separation agreements a confidentiality provision, along with a provision indicating that the agreement is not to be included in the soon-to be former employee’s personnel file. Sometimes, such provisions may end up being meaningless gestures, in light of the fact that such agreements may be susceptible to subpoenas and discovery requests…
On October 30, 2013, Pullman & Comley, LLC’s Labor, Employment Law and Employee Benefits Department presented its annual seminar on labor, employment, employee benefits and immigration law issues at The Hartford Club in Hartford, Connecticut. Highlights of the seminar included Attorney Andrew Glassman’s highly-informative discussion on the impact of legalized…
Welcome to the Pullman & Comley Labor, Employment and Employee Benefits Law Blog, “Working Together,” providing timely, substantive information on the constantly changing workplace laws affecting your employees and your business. The articles on this blog are authored by the attorneys in our Labor, Employment Law and Employee Benefits Department, each of whom brings individual…
Obviously, the simple answer is to not discriminate. But it also is important to have well-documented facts that support a business-related justification for the employer’s action and to demonstrate the plaintiff’s lack of proof of discrimination. A discrimination lawsuit begins as little more than an accusation, and the court process moves slowly, but eventually a…
You’re a Connecticut employer with a restrictive covenant program to protect your customer relationships and confidential business information. You require anyone you hire who to develop customer relationships or use your confidential business information to sign reasonable noncompete/non-solicitation agreements at the beginning of employment. You’re confident you’ve immunized yourself from a claim that the covenants…
