In 2013, the U.S. Supreme Court held that Title VII retaliation claims must be proven according to traditional principles of “but-for” causation. Since Univ. of Tex. Sw. Med. Ctr. v. Nassar, 133 S. Ct. 2517 (2013), employees must now provide proof that but for the employer’s retaliatory animus, the employee would not have been terminated,…
Regardless of whether one is a Miami Dolphins or NFL fan, the recent investigation by the NFL regarding allegations of bullying involving Jonathan Martin may tell a precautionary tale for all employers. Briefly, Martin left the Dolphins in the middle of the 2013 NFL season, claiming that he had been a victim of bullying by…
Every Connecticut workplace is required to have a variety of informational postings for employees, on topics such as OSHA, workers’ compensation, wage and hour pay requirements, and prohibitions on discrimination and sexual harassment. Posters can be purchased from printing companies, and every business has a “poster corner” in employee lunchrooms, break rooms or locker rooms.…
Over the course of time, the Connecticut Legislature has enacted numerous and varied laws for the protection of Connecticut workers. Some become quite well known, like the recent paid sick leave law, others are more obscure. This blog will report on these statutes from time to time, either to refresh your understanding of the better…
In 2007 Connecticut adopted a law requiring employers to adopt cafeteria plans if their employees are required to pay a portion of the health insurance premium for employer-sponsored health insurance through payroll deduction. Connecticut wanted to make sure that employees would have the opportunity to pay such premiums on a pre-tax basis. This law did…
Maybe you saw this article “Standing Up for the Rights of New Fathers,” in the New York Times a few weeks ago about the new dad, a reporter for CNN, who filed a discrimination claim with the EEOC against Time Warner (CNN’s parent) challenging its paid parental leave policy. The policy gives 10 weeks of…
Many employers adopt policies that restrict employee internet conduct that could impact the company’s business. While it is prudent to provide employees with clear rules in this area, employers must be wary of aggressive National Labor Relations Board activity in this arena. The NLRB is specifically targeting nonunion and unionized companies alike for policies and…
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…
