Connecticut Labor and Employment Law Journal

Connecticut Labor and Employment Law Journal

Tag Archives: “Employer policies”

FMLA: A Painful Reminder of the Importance of Supervisor Training

Posted in Employer Policies
The importance of training supervisors on how to recognize and deal with employee leave issues cannot be overstated. And here’s a painful example of why… Grace, an employee at a group home where she provided support to residents with mental impairments, was unexpectedly hospitalized due to a mental health condition. Grace had her son call… Continue Reading

Legislature Expands Pregnancy Protections, Malloy Set To Sign

Posted in Employer Policies
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… Continue Reading

2d Circuit Court of Appeals reverses $2.6 million jury verdict in disability discrimination case

Posted in ADA, Employer Policies
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… Continue Reading

The Future of Drug Testing and Employer Drug Policies

Posted in Employer Policies
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,… Continue Reading

As Election Season Heats Up Employers Need to Tread Lightly About Employee Speech

Posted in Employer Policies
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… 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

The New Connecticut Provisional Pardon Law and What you Need to Know

Posted in Discrimination, Employer Policies
On October 1, 2014 Public Act 14-27 went into effect which revamped Connecticut’s provisional pardon law (Conn. Gen. Stat. § 54-130a).  The revisions were based on the recommendations of the Connecticut Sentencing Commission and under this new bill: “a provisional pardon or certificate [of rehabilitation] creates a presumption of rehabilitation. The bill requires the state… 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 – 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 – 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

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