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Flu Season is Coming – Should Employers Require Vaccines?

The flu cost U.S. employers an estimated $21 billion in lost productivity last year.  The 2018-2019 flu season is just beginning.  What should employers do to avoid crippling productivity? One option is requiring each employee to be vaccinated each year against influenza.  This option is very effective at limiting the impact of flu in the workplace, but it […]

Medical Marijuana in the Workplace – An Update!

As many Human Resources professionals may recall, last year we saw the first court decision regarding Connecticut’s Palliative Use of Marijuana Act (“PUMA”). The District Court of Connecticut declined to dismiss the case of a plaintiff seeking redress under PUMA, holding that PUMA creates a private cause of action for employment discrimination and, further, that […]

Conducting Background Checks? Make Sure to Update Your FCRA Notice!

Employers conducting background checks of applicants or employees must update the Summary of Fair Credit Reporting Act Rights.  The new notice is available at https://www.consumerfinance.gov/about-us/newsroom/bureau-consumer-financial-protection-issues-updated-fcra-model-disclosures/.  The update to the form is primarily related to information about security freezes.  This change is of little importance to employers, but it is important to update the notice given to applicants and employees […]

DOL updates FMLA forms

The U.S. Department of Labor has issued new FMLA Notice and Certification forms for use by employers subject to federal FMLA requirements.  The DOL is required to update these forms every three years under the Paperwork Reduction Act of 1980. The previous forms expired on May 31, 2018, and had been extended monthly until the […]

Landmark Decision Could Impact Private Sector Unions

The recent Supreme Court decision in Janus v. AFSCME struck down a government union’s right to collect agency fees (usually three quarters of the normal union dues) from government employees who do not belong to the union.  The Janus holding could foreshadow a similar shift in a private union’s ability to collect agency fees from non-members in […]

Landmark Decision Expected to Weaken Public Sector Unions and What You Need to Know

Recently, the U.S. Supreme Court ruled that government workers who choose not to join a union cannot be charged for the cost of collective bargaining and related activities. In a 5-to-4 decision, a majority of the Court noted in Janus v. AFSCME, Council 31, that “agency fees” violate, “the free speech rights of nonmembers by compelling them to subsidize private speech on […]

Janus Decision Expected to Weaken Public Sector Unions and What You Need to Know

Recently, the U.S. Supreme Court ruled that government workers who choose not to join a union cannot be charged for the cost of collective bargaining and related activities. In a 5-to-4 decision, a majority of the Court noted in Janus v. AFSCME, Council 31, that “agency fees” violate, “the free speech rights of nonmembers by compelling them to subsidize private speech on […]

New Legislation Requires Employee and Union Notification of Certain FOIA Requests

Public agencies responding to requests made under the Freedom of Information Act will face a new notification requirement starting October 1, 2018, when requests are made for records contained in an employee’s personnel, medical or similar files.  Importantly, these procedures apply only when requests are made for records contained in such files.  Similar information contained in other […]

Supreme Court Gives Employers a Big Victory: Upholds Class Action Arbitration Waivers

The Supreme Court on Monday, in a 5-4 decision in Epic Systems Corp. v. Lewis, No. 16–285 (U.S. May 21, 2018) (consolidated cases), ruled that companies can use arbitration clauses in employment contracts to prohibit workers from banding together to take legal action over workplace issues.  The Court’s decision could affect some 25 million employment contracts. Writing […]

Connecticut Poised to Ban Salary History Inquiries

Joining several other states including New York, New Jersey, and Massachusetts, Connecticut is set to enact legislation banning salary history inquiries by employers or their agents.  The General Assembly passed the measure and Governor Malloy is expected to sign it into law with an effective date of January 1, 2019. The move is part of a […]