Starting September 18, 2017, all employers will be required to use a new I-9 Form, the form used to verify an employee’s eligibility to work in the United States.  The most recent change to the I-9 was less than a year ago, so it is important to ensure that you are using the edition dated 7/17/17.  The date appears in the lower left-hand corner of the form.

I-9s must be completed on all new hires who will perform work in the United States.  Employers may switch to the new form now or may continue using the old one until September 18.  The new form is available at https://www.uscis.gov/i-9.  (The Spanish form is available as an aid, but outside of Puerto Rico, the English form is the one that must be completed.)

The changes to the form are technical in nature.  The only change of consequence for employers is that the Consular Report of Birth Abroad was added to List C, meaning that it can be used to establish an employee’s identity.

The following is a basic explanation of the I-9 process, which is not changed by the issuance of this new form.
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Just before the end of the legislative session, Public Act 17-118: An Act Concerning Pregnant Women in the Workplace, passed and is expected to be signed by the Governor.  Effective October 1st, this Bill amends Connecticut’s existing Pregnancy Discrimination Statute, Conn. Gen. Stat. § 46a-60 by expanding the employment protections provided to pregnant women and requiring employers to provide a reasonable workplace accommodations unless the employer demonstrates that the accommodation would be an undue hardship. The bill also prohibits employers from (1) limiting, segregating, or classifying an employee in a way that would deprive her of employment opportunities due to her pregnancy or (2) forcing a pregnant employee or applicant to accept a reasonable accommodation if she does not need one. It also eliminates certain employment protection provisions related to transfers to temporary positions for pregnant workers.
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A pharmacist was terminated after he claimed he was unable to administer vaccinations to customers.  Christopher Stevens sued Rite Aid for discrimination, retaliation and failure to accommodate under the Americans with Disabilities Act (ADA) and other state non-discrimination laws.  The jury awarded him $2.6 million, including $900,000 in non-economic damages.

By way of background, Rite Aid revised the job description for its pharmacists to require an immunization certification and made administering vaccinations an essential function of the job. Stevens, who suffers from trypanophobia (fear of needles), claimed he was disabled under the ADA and requested a reasonable accommodation excusing him from giving injections.  Rite Aid determined that Stevens was not disabled under the ADA, and therefore, it was not required to offer him reasonable accommodation. Instead, Rite Aid informed Stevens that if he did not comply with the vaccination requirement, he would be terminated. Stevens was thereafter discharged for refusing to perform an essential function of his job. For full text of decision click here.
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What is an Oxford comma? The Oxford comma is an optional comma before the word ‘and’ at the end of a list: for example, “lions, and tigers, and bears… (oh my)”.  While use of the Oxford comma has long been the subject of debate, the First Circuit Court of Appeals in Boston has determined its absence was critical in resolving the appeal in favor of a group of truck drivers in a class action suit in Maine.  The drivers sued the company, Oakhurst Dairy, claiming the company had improperly denied them several years of overtime pay. The company claimed the drivers were exempt from overtime under state statute.  The District Court agreed with the company and granted its motion for summary judgment.  The drivers appealed to the 1st Circuit Court of Appeals.

The sole issue on appeal hinged on whether the phrase “packing for shipment or distribution of” foods referred to a single activity involving packing or two separate activities – packing for shipment and packing for distribution.  The statute in question excluded from overtime “the canning, processing, preserving, freezing, drying, marketing, storing, packing for shipment or distribution of: (1) Agricultural produce; (2) Meat and fish products; and (3) Perishable foods.”
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This election, seven states and the District of Columbia passed expansive marijuana laws that permitted the recreational use of marijuana or cannabinoids.    This means that within these states and the District of Columbia people can openly smoke or ingest cannabis with no criminal repercussions.

While Connecticut has not embraced this libertine attitude toward marijuana use,

Election Day is rapidly approaching and voter turnout is expected to be particularly high.  While many states have laws providing time off for employees to vote, Connecticut is not one of them.  How should employers handle requests for time off to vote?

Polls in Connecticut are open from 6 a.m. until 8 p.m.  A voter

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 federal Every Student Succeeds Act (“ESSA”). The new ESSA provision, entitled “Prohibition on Aiding and Abetting Sexual Abuse”, is aimed at preventing school employees who have engaged in sexual misconduct with students from being passed from one school district to another, by requiring states, state educational agencies and local school districts that receive federal funding to establish laws, regulations and policies that prevent employment of school personnel where there is reason to believe that person has previously engaged in sexual misconduct with a student or minor.

Who is impacted by the new requirements?

The Act has broad application and seeks to identify potential predators earlier in the hiring process. Significantly, the Act applies to applicants, rather than those offered employment, and prohibits the employment of any applicant who fails to meet the new requirements.  The Act makes no distinction between certified and non-certified personnel, but instead applies to all “applicants for a position, including any position which is contracted for, if such applicant would have direct student contact”.  “Direct student contact” is not defined by the Act, but positions with direct student contact would include teachers, administrators, paraprofessionals, behavioral therapists, coaches, food service workers, custodians, clerical/administrative support staff in the schools, and school nurses.  There are specific provisions for temporary positions (less than 90 days), substitute teachers and contractors, but even applicants for these positions must comply with the requirements for criminal and employment background checks.  Student employees remain excluded from the requirement of a criminal background check under Conn. Gen. Stat. §10-221d.

What is required under the Act?

The Act imposes significant changes on existing laws regarding hiring of education personnel, specifically impacting Conn. Gen. Stat. §§ 10-221d (criminal and child abuse registry background checks), 10-222c (hiring policy) and 10-145 (substitute teachers).
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Election season is here and the evidence can be viewed all around an employer’s campus: from bumper stickers on the cars in the parking lots; buttons festooned to employees; even screen savers on company computers; now more than ever broadcasting your support is easy.  However, with that support may come problems for the workplace.

Connecticut’s

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