We are pleased to announce that our law firm, Kainen, Escalera & McHale has again received a U.S. News & World Report and Best Lawyers® Tier 1 Best Law Firm... read more →
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Employer Insights: An Employment Law Blog For Connecticut Employers
As a service to Connecticut employers, our attorneys provide guidance here on topical
labor and employment law issues. We hope you find them helpful.
Contact An Attorney[/vc_column][/vc_row][vc_row][vc_column width=”1/1″]labor and employment law issues. We hope you find them helpful.
In 2019, the State of Connecticut enacted the Paid Family and Medical Leave Act (PFMLA), a statute which created a comprehensive paid family and medical leave insurance program in Connecticut. The... read more →
Governor Ned Lamont recently issued Executive Order JJJ stating that employees who contracted COVID-19 in the early days of the pandemic can be presumed to have contracted it at work... read more →
Governmental guidance for employers continues to evolve and change on a daily basis. Some recent developments should be of particular interest to Connecticut employers. Travelers coming to Connecticut may avoid or... read more →
Even as many states reopen their local economies, many employers are continuing to allow employees to work remotely. Remote work by employees who are non-exempt (workers who are entitled to... read more →
In early August, the President announced he was signing a number of executive orders designed to bring relief to American's suffering through negative impacts from the pandemic. Actually, three weren't... read more →
Kainen, Escalera & McHale, P.C. is pleased to announce that nine (9) of our lawyers have been named to the 2021 Edition of The Best Lawyers in America. Since 1983,... read more →
With the pandemic continuing to disrupt normal business processes, several labor law issues hang over employers. Here are three that are worthy of attention: Can employers or unions force the... read more →
Can your employees use your company email systems to communicate with other employees for the purposes of organizing a union in your shop? That important question was decided by the... read more →
As COVID-19 continues its rampage across America, employers continue to face a myriad of challenges. One such challenge – employees faking a COVID-19 illness. First, it's important for everyone to... read more →
In a controversial 7-2 decision, the U.S. Supreme Court has upheld a Trump Administration rule favoring employers that weakens part of the Affordable Care Act. The Affordable Care Act mandate... read more →
Covid-19 continues to roil the nation with increasingly large numbers of new infections. The problem is so bad that some states are rolling back their reopening plans. If you're an... read more →
The National Labor Relations Board (NLRB) just made matters a bit clearer for employers on procedures for counting dual-marked ballots in union representation elections. Dual marked ballots are those with... read more →
With the Connecticut economy slowly reopening, many employers may be having non-exempt employees work fluctuating hours for the first time. The U.S. Department of Labor (DOL) has recently announced a... read more →
Every Connecticut employer with more than ten employees and which is not in a designated “low-hazard industry” is now required to determine whether any employee with COVID-19 contracted the virus at work. ... read more →
On June 5, 2020, the President signed into law the Paycheck Protection Program Flexibility Act of 2020 (“PPPFA”). This new law provides eligible employers with greater flexibility in achieving Paycheck... read more →
As a service to employers throughout the state of Connecticut, Kainen, Escalera & McHale is closely monitoring actions taken by Governor Lamont that directly impact businesses. The Governor’s recent Executive... read more →
In our continuing effort to keep employers apprised of all employment and labor laws that pertain to managing a workforce during the COVID-19 pandemic, we offer this information verbatim from... read more →
It’s not an exaggeration to say it feels like the COVID-19 pandemic has changed everything. In so many ways, it has. One thing that hasn’t changed is the fact that... read more →
The last 30 days have been a nightmare for Connecticut employers – and most are feeling the financial strain caused by the crisis. As many are aware, the federal government... read more →
Each of us at Kainen Escalera & McHale are working hard to make sure every employer in Connecticut understands their employment and labor law obligations during this time of crisis.... read more →
In Janus v. American Federation of State, County, and Municipal Employees, Council 31, the U.S. Supreme Court issued a landmark decision that stated forcing employees to pay union fees in... read more →
Non-compete agreements are a fairly common tool used by Connecticut employers. They are a contract between an employee and an employer that specifically limit an employee’s ability to compete with the... read more →
(Revised as of 10:30 a.m. on 3/27/20 in red) Emergency Family and Medical Leave Expansion Act Effective Date April 1, 2020 This law does not state that... read more →
Are Connecticut’s towns and cities paying too much for new schools? A number of studies suggest they are. The cause? Project Labor Agreements (PLA). Project Labor Agreements essentially require that... read more →
As an employer, you are undoubtedly aware you are required by the federal government to file paperwork called a Form I-9 for every individual in your employment. Form I-9 is... read more →
Elements of the Connecticut State Legislature and Governor Lamont are again pushing to legalize the recreational use of marijuana in Connecticut. Will such a measure make it into law? That... read more →
A Look Ahead to What May Be in Store for Connecticut Employers from the 2020 Connecticut Legislature
As the Connecticut Legislature prepares to open the 2020 legislative session, we look ahead to examine some of the key labor and employment law issues they may tackle that will... read more →
Administering medical leave can be tricky for Connecticut employers. Mistakes can prove costly and legally problematic. Here are just some of the risks: Employers could face claims of discrimination if... read more →
The U.S. Department of Labor has just announced a final rule updating regulations governing joint-employer status under the Fair Labor Standards Act (FLSA). The new rule, one that business groups... read more →
As 2019 came to a close, the National Labor Relations Board (“NLRB”) released decisions that reverse Obama era decisions and re-establish employer property rights and the ability of employers to... read more →
Domestic violence is, sadly, a dangerous part of life for too many in Connecticut and around the U.S. According to the latest statistics, nearly 20 people per minute are physically... read more →
At a time when whistleblower complaints are dominating news cycles, it’s not surprising that the number of employee whistleblower complaints filed with OSHA (Occupational Safety and Health Administration) is also... read more →
If you’re an employer, you have undoubtedly had an employee announce their intention to leave your employment. It goes with the territory. How you handle these moments is important –... read more →
Employers throughout Connecticut and the nation are under increasing competitive pressure to do more in less time and with fewer people. While these pressures are very real (and keep in... read more →
From time to time, Connecticut employers face the need to reduce their workforce. A reduction in force can occur for many reasons, including the need to: Eliminate unprofitable business segments... read more →
According to the 11th U.S. Circuit Court of Appeals, on occasion, many actions and not any single thing can lead to a workplace discrimination lawsuit gaining traction in the courts.... read more →
The first full week of October marked the beginning of what is expected to be an impactful session of the U.S. Supreme Court concerning labor and employment law. Here is... read more →
In 1985, the United States Supreme Court issued a decision that has great importance for public sector employers - Cleveland Bd. of Educ. v. Loudermill, 470 U.S. 532. This case... read more →
We are pleased to announce that three of our attorneys at Kainen, Escalera & McHale have been named as Connecticut Super Lawyers for 2019: Miguel Escalera Patrick McHale Sheldon Myers... read more →
On September 24, 2019, the United States Department of Labor issued its final rule to implement changes to the Fair Labor Standards Act’s (FLSA) overtime pay requirements. The final rule... read more →
Last month, the U.S. Department of Labor (DOL) released a fact sheet delineating the responsibilities employers have under the Uniformed Services Employment and Reemployment Rights Act (USERRA) to re-employed veterans who... read more →
For a number of years now, the Equal Employment Opportunity Commission (EEOC) has held that job discrimination based on gender identity or sexual orientation is considered sex discrimination. That’s been... read more →
The U.S. Department of Labor (DOL) is proposing new rules for certain federal contractors that the agency suggests will protect the religious views of those organizations. According to the DOL:... read more →
Not only do Connecticut employers need to know about the significant changes in the employment law landscape following the most recent state legislative session which just ended in June 2019,... read more →
Employers in Connecticut are now finding themselves on the cusp of having to navigate several challenges pertaining to new protections and benefits afforded to employees. Each of these changes comes... read more →
Kainen, Escalera & McHale, P.C. is pleased to announce that nine (9) of our lawyers have been named to the 2020 Edition of The Best Lawyers in America. Since 1983,... read more →
Marijuana use is rising across the U.S. and Connecticut – for both recreational and medical reasons. And that fact is putting employers everywhere in a bit of a bind. As... read more →
Employee complaints about the conduct of another employee are not something employers can ignore. In fact, there are a host of laws (Title VII, the Americans with Disabilities Act (ADA),... read more →
People with significant developmental disabilities have long suffered from the widespread belief that they have a limited ability for productive work. In 1938, that assumption led the Congress to pass... read more →
As job opportunities continue to expand in manufacturing, many Connecticut employers are asking where they’ll find the skilled workers they’ll need going forward. It’s an excellent question. It’s also one... read more →
With all the attention a small outbreak of measles in the U.S. has caused, a number of employers are asking if they’re permitted by law to require their employees to... read more →
Since 2004, the salary threshold for so-called white-collar exemptions has been $23,660. Republicans and Democrats agree – it’s time for that threshold to be raised. The question is, how much?... read more →
The National Labor Relations Board (NLRB) just issued a unanimous decision invalidating an employer’s mandatory arbitration agreement. This decision, from what is a Republican controlled board, comes as a surprise... read more →
Small businesses in Connecticut now face a new challenge. The State House and Senate has passed and Governor Lamont has signed new legislation altering Connecticut’s Family and Medical Leave Act... read more →
For months now, drivers for the ride-sharing company Uber have been agitating for better pay. Last week, Peter Robb, the General Counsel for the National Labor Relations Board (NLRB), released... read more →
A hot political topic here in Connecticut and around the country is the minimum wage and whether it should be raised. After 14 hours of contentious debate in the Connecticut... read more →
All Connecticut employers are reporting challenges in finding employees to fill open positions. This fact is particularly true for so-called blue collar workers. Just what is a blue collar worker?... read more →
In the last several years, there’s been an increasing trend among employers in Connecticut and elsewhere to require low wage workers to sign non-competes. These agreements limit the ability of... read more →
Franchises and small contractors are often small, cash-starved enterprises, making it difficult for disgruntled employees to recover their losses in wage disputes. This fact led to an Obama era labor... read more →
Time for an update on the progress of family and medical leave bills pending in the Connecticut legislature. Last week – two bills meant to extend paid family and medical... read more →
The impact of the #MeToo movement, born of sexual assault charges against men like Bill Cosby and Harvey Weinstein, is still being felt in workplaces across Connecticut and the nation.... read more →
Relatively low unemployment rates are a blessing and a challenge. For Connecticut employers, low unemployment rates make it increasingly difficult to find suitable candidates to fill critical positions. Sometimes hot... read more →
In January 2020, a new federal overtime rule may take effect, and if it does, it would change who qualifies as an employee exempt from the payment of overtime. Under... read more →
There are some new developments in the Connecticut state legislature. Bills with potential impacts for Connecticut employers have just passed out of the Labor and Public Employees Committee for possible... read more →
According to a number of workforce experts – Connecticut has a troubling shortage of candidates for manufacturing jobs in the state. By some accounts, the shortfall is close to 10,000.... read more →
It’s no secret that Connecticut faces staggering state budget deficits that may linger for many years. It’s a serious problem requiring hard choices and some thinking outside the box. Two... read more →
Artificial intelligence is expected to transform our human existence… but what is it exactly? Let’s go to Webster’s Dictionary for help: “Artificial intelligence (AI) is an area of computer science... read more →
Vaping is a term used to describe the use of e-cigarettes rather than traditional tobacco products, and it’s an increasingly serious problem in Connecticut schools. Concerns about vaping center on... read more →
With a new Governor installed and a new legislature in session, many Connecticut employers are asking what to expect next. While it’s still very early in the cycle, at least... read more →
The last several months have seen a nearly endless news focus on border security and a tangible southern border wall. Does that focus obscure other immigration issues that are hampering... read more →
As debates rage across America with respect to matters of privacy – it’s important for Connecticut employers to review their personnel policies to make sure they are fully compliant with... read more →
The Society for Human Resource Management (SHRM) annually conducts a survey of U.S. employers to gather information on the types of benefits employers offer their employees. Companies of every size... read more →
Effective January 1, 2019, employers in Connecticut face new limitations on the questions they can ask prospective job candidates. The 2018 Connecticut legislature passed, and the Governor signed a bill... read more →
Every fiscal year in the U.S. (October 1st – September 30th), approximately 140,000 employment-based immigrant visas are made available to qualified job applicants under U.S. immigration law. If you are a... read more →
The incoming administration of Governor-elect Ned Lamont faces many stiff challenges – pension funds badly underfunded, budget deficits, and business malaise - to name just a few. You can add... read more →
It’s clear – a blue wave hit Connecticut in November, leaving the legislature and the Governor’s office in full control of Connecticut Democrats. So, what might that portend for Connecticut... read more →
The Uniformed Services Employment and Reemployment Rights Act of 1994 was passed by U.S. Congress and signed into law by President Bill Clinton to protect the civilian employment of active and reserve military personnel in the United States called to active duty.... read more →
We are pleased to announce that four of our attorneys at Kainen, Escalera & McHale have been named as Connecticut Super Lawyers for 2018: Miguel Escalera Diana Garfield Patrick McHale... read more →
Have you looked at your policies and practices regarding marijuana use by your employees lately? Did you know that nearly 28,000 Connecticut residents now rely on medical marijuana as a... read more →
There’s an old saying that goes something like this… “What you don’t know can kill you…” Now you’re probably asking – “What’s that got to do with employment law?” Many... read more →
Connecticut is one of only a handful of states to require certain employers to provide paid sick leave to certain designated in-state workers. The following outlines the requirements under the... read more →
Do employees have the absolute right of free speech in the workplace? If you’re an employer – that question is important. Most Americans and, by default, most employees probably assume... read more →
The #MeToo movement is spurring a closer look at and legislative action on the use of confidential agreements in sexual harassment cases. The Congress last year added language to the... read more →
If you’re like many Connecticut business owners, you’ve spent time and resources creating employment policies and procedures for your employees that believe comply with your legal requirements as an employer.... read more →
Kainen, Escalera & McHale, P.C. is pleased to announce that 9 of our lawyers have been included in the 2019 Edition of The Best Lawyers in America. Since it was... read more →
Incivility and bullying in the workplace are a common problem for Connecticut employers. And they’re not alone. In a 2016 survey conducted by the firm Weber Shandwick, 30% of managers... read more →
If you’re an employer in Connecticut and employ workers with disabilities, it’s important to understand what steps you should take to avoid running afoul of the ADA. As you... read more →
Following the nomination of Judge Brett Kavanaugh for a seat on the U.S. Supreme Court, much of the nation has focused on the impact he might have on issues like... read more →
One can’t pick up a newspaper or watch TV without seeing stories about the battle over undocumented immigrants entering the U.S. It’s a contentious issue in the extreme. Rather remarkably,... read more →
It’s common for Connecticut employers to bring on interns during summer months. Did you know there are U.S. Department of Labor (DOL) regulations under the Fair Labor Standards Act (FLSA) designed... read more →
Are you an employer whose employees also work for other corporate entities as well? If you answer yes – then you’re probably what’s called a joint employer. Joint employment is... read more →
Since the fall of 2017, much has been written about the issue of sexual harassment in the workplace. And a rise in awareness of the problem has clearly led to... read more →
The U.S. Supreme Court has just handed down one of the most consequential decisions impacting Connecticut employers since the 1930s. In a 5-4 decision (Epic Systems v. Lewis), the justices... read more →
Each year we track and then report on actions taken by the Connecticut legislature that effect employers in the state. Governor Malloy opened the Connecticut General Assembly in February by... read more →
Last week, the Connecticut State Senate passed its own version of the “Time’s Up” sexual harassment bill the State House had approved in April. The Senate then sent the legislation... read more →
As the Connecticut legislature races towards adjournment on May 9th, we wanted to provide Connecticut employers with this update on bills with a reasonable probability of passage. Pay Equity: a... read more →
Sexual harassment claims continue to increase across the U.S. following revelations in Hollywood in the fall of 2017 and the rise of the #MeToo movement. According to data from the... read more →
In 1925, Congress passed a law called the Federal Arbitration Act (FAA). The FAA provides for contractually based compulsory and binding arbitration, resulting in an arbitration award decided by an arbitrator or... read more →
More changes may be on the way for Connecticut employers. The Labor and Public Employees Committee recently voted legislation out of committee to increase the minimum wage, revise sexual harassment... read more →
As state and federal legislators continue to wrestle with the problem of sexual harassment in the workplace, Nevada Rep. Jacky Rosen and Massachusetts Sen. Elizabeth Warren have introduced new legislation for... read more →
Debates over state statutes governing labor and employment matters are routine for the Connecticut legislature. One area sure to get attention in 2018 is sexual harassment in the workplace. Senate... read more →
You may have seen or heard the term “gig economy” and asked yourself, what in the devil are they referring to now? A gig economy is an economic system in which... read more →
A bipartisan coalition of attorneys general from all U.S. states (including Connecticut) and territories this week urged Congress to legislate an end to the practice of secret, forced arbitration in... read more →
There is little secret about the fact that the Trump administration is intent on rolling back Obama era employment regulations. In the past 30 days, the now Republican-controlled National Labor... read more →
The agency known to many as ICE has been in the news a lot – most recently for a nationwide sweep of 7-Eleven stores across the U.S. What are they... read more →
This question is a common one for employers during winter months in Connecticut. For the most part, an employer’s obligation to compensate employees during bad weather is based primarily on... read more →
We have written in the past about the rights employers have when it comes to negative social media posts by employees. All private employers must respect their workers' right to... read more →
Late in 2017, California Rep. Mimi Walters introduced the Workflex in the 21st Century Act - the country’s first-ever federal paid leave law (HR 4219) in the House of Representatives. As first conceived,... read more →
The impact of the new Republican administration continues to be felt strongly in employment and labor law. In a newly issued ruling (early December) involving a Boeing Corporation “no camera”... read more →
For a number of years, efforts to increase diversity in the workplace was seen as a good thing to do. Now it appears a large number of major employers view... read more →
There’s an old saying that it takes many years for a company to build a reputation but only seconds to tear it down. Put simply – the reputation of any... read more →
Are you an employer that allows your employees the flexibility to schedule their own time “off the clock” for breaks? If you are – you’d better make sure you’re paying... read more →
Last week’s column defined sexual harassment. This week, we take a look at the legal ramifications for employers of allowing sexual harassment in the workplace. Let’s look first at the... read more →
Problems of sexual harassment in Hollywood are leading to growing scrutiny of the problem nationwide. Connecticut employers need to understand what constitutes sexual harassment and how the law applies to... read more →
Much has been made of NFL player protests during the national anthem – with even the President getting into the action. NFL team owners have been considering punishments (to include... read more →
As has been reported here in the past, more states are now making the use of medical marijuana legal while others are permitting even recreational use. If you’re an employer... read more →
Like all employees, non-tenured teachers have legitimate needs to be absent on authorized leave due to sickness, maternity, and other reasons. Also, large numbers of non-tenured teachers are assigned to... read more →
Connecticut law requires newly hired public school teachers to serve in a probationary employment status for the first 40 school months of their teaching employment. A “school month” for tenure... read more →
As we’ve previously reported, the Connecticut legislature amended the protections afforded pregnant employees in the 2017 legislative session. Among other things, the new statute makes it unlawful: To fail or... read more →
Kainen, Escalera & McHale is proud to announce that Best Lawyers in America has just released their entire list of “Best Lawyers” in the field of employment, labor and education... read more →
This spring, the Connecticut Legislature passed a bill that would vastly expand the pregnancy anti-discrimination statute in the state. Here is a Q&A with our attorneys examining the bill. Q:... read more →
In late 2016, President Obama called for changes in the nation’s overtime rules that more than doubled the minimum salary at which white collar workers could qualify for an overtime... read more →
Would you try to stop an employee from recording workplace conversations? And if you did – would you risk running afoul of the law? That question was recently addressed by... read more →
If you had an employee you suspected of inappropriate use of emails – perhaps for work unrelated to your business – would you have a right to review those emails?... read more →
Success in business requires constant attention to detail and an awareness of changes in one’s business environment. With that fact in mind, we like to provide employers with regular updates... read more →
In late May, the Connecticut House of Representatives passed a bill that would vastly expand the pregnancy anti-discrimination statute in the state. Just days ago, the State Senate also approved... read more →
Owning or managing a business is always a challenge – and mistakes can happen – particularly when managing staff. Did you know that even seemingly trivial “mistakes” can have large... read more →
Employee handbooks are important to employers of all sizes. Why? They introduce employees to a business’ culture, mission, and values They help employees understand what is expected of them They... read more →
Employers need to know what the Connecticut Legislature is up to with respect to labor and employment laws. To that end – we offer this update on the bills currently... read more →
Employers during the Obama years felt particularly vulnerable to expansive interpretations of Section 7 of the National Labor Relations Act – interpretations many felt left non-unionized employers particularly open to... read more →
Connecticut employment law allows restaurants to pay wait staff wages that are below minimum wage because those staffers also receive tips from customers. In 2013, Amaral Brothers filed a petition... read more →
A bill working its way through Congress seeks to allow private employers the right to offer employees the choice of overtime pay or time off for working extra hours. Currently,... read more →
Towards the end of President Obama’s administration, the Occupational Safety and Health Administration (OSHA) passed a rule extending the agency’s authority to cite companies for record-keeping violations from six months... read more →
Since his inauguration, President Trump has signed executive orders directing federal agencies to repeal two federal regulations for every new rule they issue, and requiring each agency head to designate a regulatory... read more →
Most non-unionized companies operate as at-will employers, meaning either the employer or the employee may end the employment relationship with no notice or reason. However, employers with unionized workforces have... read more →
On March 1st, the U.S. House of Representatives voted to block the extension of an Occupation Safety and Health Administration (OSHA) rule that would have held employers liable for record-keeping... read more →
In little over one hour last week, the Connecticut legislature’s Labor and Public Employees Committee defeated one bill on raising the minimum wage only to adopt a second measure that... read more →
A common question employers ask about workers comp cases is “can an employer count an employee's time out on workers' compensation as family and medical leave as long as the employee... read more →
The Connecticut Fair Employment Practices Act (CFEPA) is the state’s primary employment discrimination statute. For some time now, employers have been unclear as to whether punitive damages could be awarded... read more →
On January 31st, President Trump nominated Judge Neil Gorsuch from the Tenth Circuit Court of Appeals to the Supreme Court. If confirmed, he would fill the seat previously held by... read more →
Each new legislative session in Connecticut brings new ideas and often new challenges for employers in the State. Just what might this session bring? Here is a preview of some... read more →
If you own or run a company, you will inevitably face moments when disciplining or terminating an employee is required. Those moments are often the toughest in an employer’s life.... read more →
Many employers in Connecticut do routine criminal, credit and general consumer checks on prospective new employees. If that is your routine as an employer – be careful. The rules are... read more →
In a December 2016 article, we reviewed a few of the changes that may be coming for Connecticut employers during the new Trump administration. We’ve identified a few more worth... read more →
Lawsuits from unhappy employees can be time consuming and expensive. If you are facing one and have decided to fight it, consider focusing your attention on developing and implementation of... read more →
With the election of Donald Trump as U.S. president now official, many employers in Connecticut are wondering what impact the new Trump administration will have on labor and employment law.... read more →
We’ve written often about the challenges of owning and/or running a business. It’s not a job for the faint of heart. Perhaps the greatest challenge revolves around managing a workforce.... read more →
A federal judge has issued an injunction to temporarily stop the United States Department of Labor (“DOL”) from implementing its new federal overtime rule nationwide. This rule would have doubled... read more →
The Department of Homeland Security’s U.S. Citizenship and Immigration Services division (“USCIS”) recently issued an updated I-9 form, which employers will be required to use effective January 22, 2017. Before... read more →
The key to making a successful job offer is to view it as a process that starts from the minute you engage a potential candidate. By using a consistent and... read more →
Kainen, Escalera & McHale, P.C. is a Connecticut law firm that focuses on private and public sector labor and employment law and litigation issues and education-related matters on behalf of... read more →
Big Data. You’ve probably heard the term – but just what does it mean? Big data is a term that describes the large volume of data – both structured and... read more →
Some of the most recent demographic studies of Connecticut and U.S. workers show a growing pool of qualified but disabled job applicants. Why the rise in disabilities? There are really... read more →
If you own or run a business, it’s imperative that you understand both federal and state guidelines regarding equal opportunity employment practices. Here is a brief overview of the basics:... read more →
Performance evaluations are one of the most important communication tools an organization can use to improve productivity and enhance morale. They benefit both employees and employers because they provide a... read more →
As we often say – managing a workforce is challenging even in the best of circumstances. It’s even more challenging if one doesn't fully understand employment laws as they relate... read more →
You’ve found the perfect candidate for a job opening at your company. Now what? Did you know that how you make a job offer often goes a long way towards... read more →
Pay equity is a topic of growing importance – made even more important by new pay equity laws in states like California, Massachusetts and New York. Yes – Several states... read more →
The Equal Employment Opportunity Commission (EEOC) has for the first time filed cases against two employers in the U.S., alleging discrimination based on sexual orientation. Their claim – that the... read more →
Does your business have an employee handbook for your employees? Should it? Let’s look at the advantages of having one: Advantages of an Employee Handbook A well written employee handbook... read more →
Constructive discharge – also referred to as constructive termination, is essentially a claim of wrongful termination. A wrongful constructive dismissal occurs when, instead of firing an employee, the employer makes working conditions so intolerable that... read more →
You’ve reached the point where it’s clear you need to let an underperforming member of your staff go… never a pleasant task. In fact, firing is considered by many to... read more →
If you own or run a business – chances are that one of your top concerns is the safety of your employees and the business itself. So it would be... read more →
We have written often about federal and state wage laws employers are required to follow. They can be complicated to say the least. Well, what if you were required to... read more →
Are you an employer confused about when you may need to provide leave to a disabled employee as a reasonable accommodation under the Americans with Disabilities Act (ADA)? You... read more →
Whether you run a large global operation or a small business, if you have employees, you are bound to encounter instances when one employee complains about another – or when... read more →
The U.S. Labor Department has now made official something that has been in the works since 2014 – significant changes to the rules for determining which workers are eligible for... read more →
The Baby Boom generation was the largest ever born – numbering 76 million. That all changed when they started having babies. Baby boomers begot the Millennial Generation (born during the... read more →
Every employer should maintain personnel records on each and every employee to document the employment relationship. These records are important because they provide a paper trail of an employee's background,... read more →
A recent study by liability insurer Hiscox finds that U.S.-based small and medium sized businesses face an almost 12 percent chance (and rising) that they’ll be hit with an employment claim... read more →
In 2001, in the case of Walmart vs. Duke, female employees at WalMart filed a class-action sex discrimination lawsuit against WalMart Stores in the U. S. District Court for the... read more →
According to a variety of sources, 20% of employees at any time may qualify as problem employees. Sadly for many managers, those “problems” can take up to 80% of the... read more →
Some of the most important choices you make as an employer are your hiring decisions. Make poor choices and you risk financial loss and damaging lapses in productivity. So how... read more →
A lot has been written about bullying in schools. But, sometimes bullying may occur in the employment context as well. According to the Society for Human Resource Management (SHRM), bullying... read more →
If you are an employer, a well written, carefully prepared employee handbook is a must. It establishes your legal rights as well as helps protect those rights. It explains how... read more →
As more states move to make the use of medical marijuana legal, others are now permitting even recreational use. If you’re an employer – do you know the rules? And... read more →
Did you know that when you look at the top 22 countries in the world that rank highest in human and economic development, only three do not routinely require paid... read more →
It’s not uncommon for companies of all sizes to utilize independent contractors as a way to reduce employee costs. It’s also not uncommon for employers to mistakenly label someone as... read more →
We often say that few things are as challenging as managing a workforce – or owning a business. And one of the most difficult challenges for employers involves lawsuits filed... read more →
During the middle of the 1990s, drug companies began aggressively marketing a new class of painkilling drugs. The drugs appeared to work better than earlier drugs in this class and... read more →
Non-unionized employees are typically "at-will employees". As "at-will employees" – either they or their employer may end the employment relationship with no notice or reason. What about unionized employees? That’s... read more →
One of the greatest challenges of owning or running a business is managing a workforce. Doing it well requires skill as well as a good understanding of federal and state... read more →
The U.S. Equal Opportunity Employment Commission recently sought to address potential backlash against Muslims in the workplace – after the terror attacks in Paris and California. In fact, Commission Chairwoman... read more →
A number of factors are driving up the number of older Americans still in the workforce – factors that include financial pressures and the sheer desire to remain active later... read more →
Connecticut made news in 2014 when it became the first state in the nation to raise the minimum wage to $10.10 an hour in three annual steps. The second of... read more →
There is no question about it – the holidays are a great time of the year. They can, however, present challenges for employers. Here are a number of things all... read more →
The U.S. Equal Employment Opportunity Commission (EEOC) is responsible for enforcing federal laws that make it illegal to discriminate against a job applicant or an employee based on a person's... read more →
If you own a private business in Connecticut and have employees, a recent Connecticut Supreme Court’s decision (Trusz v. UBS Realty Investors, LLC.) is a game changer. In this much... read more →
According to a recent report issued by The Connecticut Commission on Human Rights and Opportunities (CHRO) -- the state agency charged with investigation of employee complaints about unlawful discrimination and... read more →
One piece of advice we give every employer – get yourself a well written and comprehensive employee handbook. Why – because a good handbook lays out the rules of your... read more →
If you are like most employers in America, your employees are using social media platforms such as Facebook, Twitter, and Instagram. And if your employees are like most employees -... read more →
Ever heard of the term Garrity Rights? Well, it has a lot to do with the question in our headline. Garrity Rights protect public employees from being forced to testify during... read more →
Social media – Facebook, Twitter and more – are a ubiquitous part of our lives, with more than 80% of all U.S. households currently using these applications. This fact has... read more →
Did you know that payroll fraud happens in 27% of all businesses in the U.S. and that it occurs twice as often in small organizations as in large ones? Yes... read more →
Anyone who owns a business has known the struggles of managing a workforce. It’s not an easy task. And if you make mistakes – it can cost you dearly in... read more →
If you employ any number of people, you’ve probably seen it. A once steady employee starts showing erratic behavior, uneven performance, chronic tardiness and unexplained absences or there may be... read more →
If you are an employer without a union or facing a campaign to organize one, you probably think you don’t need to worry about the National Labor Relations Act. That... read more →
Connecticut has rules that apply to the information that must be contained in an employee’s personnel file and when an employee is entitled to provide copies of their personnel records.... read more →
Ever had an employee steal from your company? Sadly – it happens more often than it should. So what actions should/can you take as an employer if you think you... read more →
Like many states, Connecticut can be a challenging place to do business. We thought it might be helpful to review the top six questions the CT Department of Labor (DOL)... read more →
For some time now, there has been a debate as to whether home care works are entitled to minimum wage and overtime protections under the Fair Labor Standards Act or... read more →
Did you know that government agencies are cracking down on the use of interns and volunteers in "for-profit" organizations and attorneys for employees are bringing more and more claims against... read more →
Under Connecticut law, marijuana may be legally used to treat a wide range of medical conditions including the following: Cachexia Cancer Crohn's disease Epilepsy Glaucoma HIV or AIDS Intractable spasticity... read more →
If you employ people in your business, you have rules and policies that apply to your workplace and staff. Did you know there are very specific guidelines you must follow... read more →
This employment law question is one that has been debated in employment, education and legal circles for some time. For years, the Department of Labor decided the question using something... read more →
With family life increasingly complicated, it’s become common for employers to allow salaried employees to work flexible or flex-time schedules. This arrangement allows employees with children or aging parents to... read more →
The Connecticut General Assembly has recently made changes to laws governing employee compensation. In this latest Bill (Senate Bill 914), the legislature mandates double damage awards in all instances where... read more →