Connecticut Labor and Employment Law Journal

Connecticut Labor and Employment Law Journal

Category Archives: Employee Benefits

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Back to School for Employees – How to Design a Successful Tuition Reimbursement Program

Posted in Employee Benefits
A tuition reimbursement program can be a very attractive employee recruitment and retention tool, while simultaneously providing employers with the benefit of a more educated workforce.  Launching a tuition reimbursement program sends employees the message that you value them and their growth enough to invest in their futures. Such programs can be tax-favored as well. … Continue Reading

Connecticut Law Limits Criminal Inquiries on Employment Applications

Posted in Employee Benefits, Employer Policies
On January 1, 2017, Connecticut will “ban the box” for private employers, as well as public employers.  “Ban the box” laws prohibit employers from asking questions about criminal background on employment applications, with some exceptions.  Such laws are becoming increasingly common in states and municipalities throughout the United States. The new Connecticut legislation, known as… Continue Reading

Are Your Employees Saving for Retirement? The Conversation You Should be Having

Posted in Employee Benefits
As an employer, you’ve worked hard to put together an attractive benefits package – vacation, insurance, retirement benefits, and maybe even some unusual perks.  But many benefits go unutilized or underutilized, and retirement benefits requiring employee involvement are no exception.  As defined benefit plans – pension plans that provide a set amount of income in… Continue Reading

Portion of Affordable Care Act Requiring Automatic Enrollment for Some Employer Plans Repealed

Posted in Employee Benefits, Employer Policies
Since the Affordable Care Act’s enactment in March, 2010, employers with 200+ employees have been awaiting the implementation of regulations that would explain the automatic enrollment rule.  Employers with 200+ employees would have had to enroll employees in the company health care plan automatically, while allowing them the option to decline coverage.  Most employer plans… Continue Reading

Legislature Changes Connecticut Paid Sick Leave Law Coverage

Posted in Employee Benefits, Employer Policies
Connecticut employers need to re-evaluate whether they are covered by the Connecticut Paid Sick Leave Law based on changes to the statute. Broadly speaking, the law requires employers with 50 or more employees to provide up to 40 hours of paid sick leave to certain employees. Earlier this year, the legislature amended the law in… Continue Reading

Connecticut Employment Laws You Didn’t Know Existed – Virtually Every Employer Engages in Electronic Monitoring, But Did You Notify Your Employees?

Posted in Employee Benefits, Employer Policies
This is Part 6 in a 6-part series on Connecticut Employment Laws You Didn’t Know Existed. Connecticut’s electronic monitoring law requires public and private employers to give prior notice to employees if their activities will be electronically monitored.  Electronic monitoring may take some unexpected forms.  For example, your computer systems likely log all Internet activity by employees.  This would… Continue Reading

Connecticut Employment Laws You Didn’t Know Existed – Why Your Payroll Deductions are Probably Illegal . . . and How to Fix Them

Posted in Employee Benefits, Employer Policies
This is Part 3 in a 6-part series on Connecticut Employment Laws You Didn’t Know Existed. Any time you are having employees pay you – whether through a payroll deduction or by having the employee pay you directly – you are walking into a legal minefield.  Deductions are typically allowed only when there is some benefit being… Continue Reading

Connecticut Employment Laws You Didn’t Know Existed – Why Your Bi-Weekly Payroll is Probably Illegal . . . and How to Fix It

Posted in Employee Benefits, Wage & Hour
This is Part 1 in a 6-part series on Connecticut Employment Laws You Didn’t Know Existed. Do you pay your employees at least weekly?  If you answered no, you are in good company.  Bi-weekly pay (paying employees every two weeks) is probably the most common choice of pay frequency.  However, a quirky feature of Connecticut’s… Continue Reading

Labor Law Posters – The Perils of Too Few or Too Many

Posted in Employee Benefits, Employer Policies, Wage & Hour
Every employer in the United States must post at least some labor law notices.  Many state and federal employment laws come with such a requirement.  While different posters are needed for different situations (for example, based on the employer’s size or industry), no employer is exempt from posting at all.  It may be obvious that… Continue Reading

Obama and Labor Secretary are working to Overhaul Overtime Rules for Exempt Employees

Posted in Employee Benefits, Wage & Hour
A recent speech by Labor Secretary Thomas Perez at the IAFF conference provided some details about the changes to the managerial exemption to the Fair Labor Standards Act (“FLSA”).  Significantly, Secretary Perez reiterated that the current salary threshold of $455 is inadequate and that the primary duties test creates an employer friendly “loophole” that is… Continue Reading

UPDATE – COLLEGE ATHLETES ARE EMPLOYEES

Posted in Employee Benefits, Wage & Hour
As is well known, a Regional Director of the National Labor Relations Board, with approval from the Board’s General Counsel in Washington, ruled that grant-in-aid football players of a private university were “employees”, even though they do not receive traditional paychecks. Accordingly, they are eligible for unionization. The Board reasoned that these “employees” are recruited… Continue Reading

NLRB’s Administrative Law Judge Finds Employer’s Mandatory Arbitration Provision Violates the National Labor Relations Act

Posted in Employee Benefits
Non-union employers often think that they do not need to concern themselves with the National Labor Relations Act (the “Act”).  This is a misconception.  For example, Section 7 of the Act gives employees the right to not only form labor unions and engage in collective bargaining, but also “to engage in other concerted activities for… Continue Reading

NLRB’s Administrative Law Judge Finds Employer’s Mandatory Arbitration Provision Violate the National Labor Relations Act

Posted in Employee Benefits
Non-union employers often think that they do not need to concern themselves with the National Labor Relations Act (the “Act”).  This is a misconception.  For example, Section 7 of the Act gives employees the right to not only form labor unions and engage in collective bargaining, but also “to engage in other concerted activities for… Continue Reading

COLLEGE ATHLETES ARE EMPLOYEES

Posted in Employee Benefits, Wage & Hour
In a revolutionary development, a Regional Director of the National Labor Relations Board ruled yesterday that college football players at Northwestern University who receive scholarships are employees rather than students, and can therefore unionize. Apparently, a new union, the College Athletes Players Association, has signed up a number of “employees” already. If 30% of the… Continue Reading

Trumbull Cops Agree To Defined Contribution Plan

Posted in Employee Benefits, Municipal Labor, Pensions
While significant inroads have been made in implementing defined contribution plans for new hires in Connecticut municipal negotiations, police and fire unions have continued to resist such changes, citing, among other things, the greater likelihood a cop or firefighter may become disabled on the job than other municipal workers.  Nonetheless, while still in the minority,… Continue Reading

Board Abandons Well Established Precedent – Holds that Employers Can No Longer Cease Deducting Union Dues Upon Contract Expiration

Posted in Employee Benefits, Wage & Hour
Since 1962, employers with a dues checkoff provision in a collective bargaining agreement have been permitted to cease deducting dues from employee paychecks and remitting them to the union upon contract expiration.  As of last month, however, employers can no longer relieve themselves of the burden of collecting and remitting dues upon contract expiration.  In… Continue Reading

Employers Required to Display Paid Sick Leave Notice Poster in English and Spanish

Posted in Employee Benefits, Wage & Hour
As discussed in our previous posts, here and here, Connecticut’s new paid sick leave law went into effect on January 1, 2012.  Among its many requirements is an obligation for employers to provide adequate notice of the law to employees.  Most employers likely satisfy this requirement by displaying the notice poster created by the Department… Continue Reading

Department of Labor Proposes New FMLA Regulations

Posted in Employee Benefits, Employer Policies
The Department of Labor recently proposed new regulations designed to implement and interpret the National Defense Authorization Act for Fiscal Year 2010, which amended and expanded the Family and Medical Leave Act (“FMLA”).  The amendments expand military caregiver leave and incorporate a special eligibility provision for airline flight crew members. As set forth in the… Continue Reading

DOL Releases Guidance and Poster for New Paid Sick Leave Law

Posted in Employee Benefits, Wage & Hour
The Connecticut Department of Labor (“DOL”) has released guidance concerning Public Act 11-52, the new paid sick leave law.  The DOL also released a poster that complies with the law’s notice requirement. Both the guidance document and the poster are available on the DOL’s website The Spanish version of the poster is forthcoming. We provided… Continue Reading

NLRB Postpones New Posting Requirement

Posted in Employee Benefits, Employer Policies, National Labor Relations Board
In follow up to our previous post on April 13, 2011, the proposed rule to require employers covered by the National Labor Relations Act (“NLRA”) to post workplace notices describing employees’ rights under the NLRA has been delayed into 2012.  The stated purpose of the proposed rule is to inform employees of their rights to form,… Continue Reading

Proceedings Remain Suspended for Second Week at Office of Public Hearing

Posted in Discrimination, Employee Benefits, Employer Policies, Municipal Labor
Effective July 1, 2011, all cases before the Connecticut Commission on Human Rights and Opportunities Office of Public Hearing were suspended, see pdf, as the Governor failed to appoint new referees for the term beginning July 1, 2011.  To date, new referees have yet to be appointed.  This all comes as a result of Connecticut’s current… Continue Reading
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