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
State representatives out of the 95th and 93rd districts have proposed Senate Bill No. 263 which would extend the whistleblower protections afforded to employees who report violations of law and other abuses. Under the current law, Connecticut General Statutes § 31-51m, an employer may not penalize any employee because the employee reports a violation or …
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…
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 wage payment statute makes weekly payment the default rule. For most employers, the only way to pay less frequently than once a week is to obtain permission from the Commissioner of Labor.
Fortunately, it is very easy to request permission to pay bi-weekly. Employers can simply fill out the form available at http://www.ctdol.state.ct.us/wgwkstnd/forms/paywaiver.htm, and within a few weeks, the Connecticut Department of Labor will respond. The request is almost always granted. This form can only be used by employers requesting permission to pay bi-weekly. Employers that wish to pay less frequently (e.g. semi-monthly or monthly) can send a letter to the Connecticut Department of Labor’s Wage and Workplace Standards division stating the reason for the request. However, such requests are less likely to be granted. Paying less frequently than monthly is not permitted.
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 failing to meet all posting requirements can result in legal liability. What is less obvious is that posting inapplicable notices may also result in legal liability – a danger if your company uses an “all-in-one” labor law poster service.
What’s Wrong with Too Many Posters?
Many employers overlook the risks of posting inapplicable labor law posters. Each year, many employers receive offers to purchase a laminated “all-in-one” poster designed to cover all bases. But, one size rarely fits all when it comes to the law. For example, the Family and Medical Leave Act (FMLA) generally applies only to companies with 50 or more employees. If a 20-employee company posts an FMLA poster, could this statement of employee rights bind the company to provide leave to the extent required by that statute? At least one court has held that in the right factual circumstances, an employee may be entitled to take leave akin to FMLA leave.