Connecticut Labor and Employment Law Journal

Connecticut Labor and Employment Law Journal

Tag Archives: “Employment Law”

Public Act 16-67: New Hiring Requirements for Board of Education Personnel

Posted in Employer Policies
Effective July 1, 2016, local or regional boards of education, governing councils of state or local charter schools and inter-district magnet school operators (collectively “BOEs”), are going to have to follow new requirements for hiring education personnel.  The state legislature recently enacted Public Act 16-67 (“the Act”) in response to a new provision in the… Continue Reading

Connecticut Supreme Court: Unpaid volunteers not employees for purposes of State’s employment anti-discrimination laws

Posted in Wage & Hour
In a recently released decision, CHRO v. Echo Hose Ambulance, et al, a unanimous Supreme Court affirmed the Appellate Court’s dismissal of the CHRO’s appeal of a human rights referee’s determination that a volunteer was not an employee for purposes of Connecticut Fair Employment Practice Act, Conn, Gen. Stat. §461-60, et seq. (“CFEPA”) The issue… 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

Portion of Affordable Care Act Requiring Automatic Enrollment for Some Employer Plans Repealed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

Connecticut Mandates Sexual Harassment Training for Supervisors – Are You in Compliance?

Posted in Employer Policies
Employers with 50 or more employees in Connecticut must provide sexual harassment training to supervisors within six months of the individual assuming a supervisory position.  While other employers are not mandated to provide such training, it is strongly encouraged to do so. Refresher training is encouraged, but not required.  It is also beneficial to provide… Continue Reading

Two Significant Changes to Law Surrounding Internships

Posted in Employer Policies, Wage & Hour
Connecticut employers need to be aware of two significant changes in the law surrounding internships. The first is a new state statute including unpaid interns in the protections afforded to employees with respect to discrimination and harassment. Employers should update their handbooks and training materials to ensure that interns receive the same protections as employees… Continue Reading

New Connecticut Law is Double Trouble for Employers

Posted in Employer Policies, Wage & Hour
Wage violations are about to get more costly for Connecticut employers.  A new statute, effective October 1, 2015, requires courts to award double damages plus court costs and attorneys’ fees if an employer has failed to pay an employee’s wages (including minimum wage and overtime owed), accrued fringe benefits, or arbitration award.  The new law… Continue Reading

Snow Days Come With Employer Obligations – Are You Prepared?

Posted in Employer Policies, Wage & Hour
For employers, preparing for winter weather includes ensuring all employees are paid properly on snow days.  Many employers are surprised to learn that their payroll does not take a snow day when their employees do.  While snow days are probably the most common application of the principles discussed in this article, these rules apply to… Continue Reading

After-Acquired Evidence Permitted to Prove Non-Discriminatory Basis for Termination

Posted in Discrimination, Employer Policies
Most of the time, when an employer terminates an employee, and that employee sues, a court will not let an employer introduce evidence uncovered after the decision to terminate.  However an exception has been added due to a recent decision by the Second Circuit Court of Appeals where it was held that evidence that is… Continue Reading

Are you Prepared for OSHA’s New Workplace Reporting Rules?

Posted in Employer Policies
Beginning January 1, 2015, the Occupational Safety and Health Administration (“OSHA”) will begin enforcing its new workplace reporting rules which requires quicker reporting of severe injuries within 24-hours and an employment fatality within 8-hours.  The time to report begins when the employer learns of the injury and/or fatality. Under the new regulations, a severe injury… 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 – Requirements for Safeguarding Social Security Numbers and Other Private Information

Posted in Employer Policies
This is Part 5 in a 6-part series on Connecticut Employment Laws You Didn’t Know Existed. While not an “employment law” per se, Connecticut requires any private individual or company to take certain precautions to safeguard Social Security numbers and other private information.  Violations of these laws are punishable by fines, civil penalties, and even imprisonment.  Of course, a… Continue Reading

Connecticut Employment Laws You Didn’t Know Existed – The New Provision Affecting All Evaluation Forms and Disciplinary Notices and Other Personnel File Issues

Posted in Employer Policies
This is Part 4 in a 6-part series on Connecticut Employment Laws You Didn’t Know Existed. Have you issued discipline, fired an employee, or even given a written performance evaluation since October 1, 2013?  If so, you most likely violated a new provision in Connecticut’s Personnel File statute, which applies to private-sector employers.  The new… Continue Reading

Connecticut Employment Laws You Didn’t Know Existed – Employment Terms You Need To Put In Writing

Posted in Employer Policies
This is Part 2 in a 6-part series on Connecticut Employment Laws You Didn’t Know Existed Many employers are unaware of a Connecticut employment law essentially requiring offer letters.  Employers must, at the time of hiring, advise employees as to their rate of pay, hours of employment, and wage payment schedule.  The statute also requires… 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

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

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

NLRB Issues Further Social Media Guidance

Posted in National Labor Relations Board
In follow up to our previous post (May 9, 2011) regarding the National Labor Relations Board’s (“NLRB”) treatment of social media, the NLRB released further guidance in an effort to assist employers in evaluating the legality of social media policies and practices.  The NLRB’s social media report analyzes 14 cases, involving both social media policies… Continue Reading

Federal Bill Expands Whistleblower Protections for Employees

Posted in Employer Policies
United States Senate bill, S.241 on the table this year proposes to expand the whistleblower protections of the American Recovery & Reinvestment Act of 2009 (known as the McCaskill Amendment of the Act) to employees of employers who receive any federal funds—not just stimulus funds.  The McCaskill Amendment protects employees of private contractors and state… Continue Reading

David Versus Goliath: Supreme Court Hears Landmark Class Action

Posted in Discrimination
All eyes are on the United States Supreme Court in a case that involves millions of female employees facing off against the nation’s largest retailer.  The United States Supreme Court heard arguments in March on the most closely watched case before it this year, and the largest employment class action in history, Wal-Mart Stores, Inc.… Continue Reading

New Legislation Protects Employees Who are Victims of Family Violence

Posted in Discrimination, Employee Benefits
On October 1, 2010, a new Connecticut law went into effect which provides additional employment protections to victims of family violence and an allowance of leave time for employees dealing with issues relating to family violence. Before October 1, 2010, Connecticut law prohibited employers from terminating, penalizing, threatening, or otherwise coercing employees with respect to… Continue Reading
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