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Connecticut Labor & Employment Law Journal

Is your business ready for an inspection from U.S. Immigration and Customs Enforcement?

Federal law requires employers to verify the identity and employment eligibility of their current and prospective employees and document their compliance using the Employment Verification, Form I-9. U.S. Immigration and Customs Enforcement (“ICE”) Homeland Security Investigations (“HSI”) has the authority[1] to inspect and review employer’s Forms I-9 and conduct workplace raids. Employers in Connecticut and other […]

You’ve Received A CHRO Discrimination Charge – Now What?

In a given year, about 2,000 complaints of employment discrimination are filed with the Connecticut Commission on Human Rights and Opportunities (CHRO).  For some employers, the receipt of a CHRO charge is their first exposure to the legal system (other than Unemployment).  The employer has only thirty days to respond to the charge, and only ten days […]

More Connecticut Employers May Have To Provide Workplace Anti-Harassment Training. Will Your Company Be One Of Them?

As the #metoo and #timesup movements continue gaining momentum, Connecticut employers should not be surprised that the start of the 2018 Connecticut General Assembly session saw the introduction of a bill to increase workplace harassment prevention training in Connecticut. Should HB 5043 pass in its current form, it would be the first substantial revision to […]

Back to Basics: Workplace Investigations

Workplace Investigations – and the need for them – have been in the news a lot lately.  So it seems like a good time to review some basics, such as what triggers them, who should conduct them, and why are they important. A workplace investigation can be triggered by myriad reasons, including a complaint or […]

NLRB’s Gift to Employers: Overturning Obama-Era Micro Units Standard

At the end of 2017, the NLRB issued a decision reversing the enhanced “overwhelming” community of interest standard and its much derided “micro units” in determining the appropriate unit for representational purposes. In its 3-2 decision in PCC Structurals, Inc., 365 NLRB No. 160 (2017), the NLRB re-adopted the traditional test, which considers factors such […]

Showdown at the Supreme Court Could Hurt Unions

On February 26, 2018, the Supreme Court of the United States will hear arguments in Janus v. AFSCME, Council 31, a case which should be watched by public employers and union officials as the fate of agency fees hangs in the balance. Agency fees are paid by non-union members to compensate the union for its […]

FMLA: A Painful Reminder of the Importance of Supervisor Training

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 […]

Maximum Leave Policies Can Cost Employers – Big Time

UPS recently agreed to pay a $2M to settle a disability discrimination suit brought by the EEOC relative to its maximum leave policy. The company’s policy required “administrative separation” if an employee was unable to return to work after 12 months.  The EEOC said this inflexible leave policy violated the ADA. In addition to the […]

Increased Salary Threshold for Overtime Exemptions Struck Down By Federal Judge

In a victory for employers in Connecticut and across the country, a federal district court in Texas last week invalidated the Obama Administration’s Department of Labor overtime regulation which sought to increase the salary threshold for the overtime exemptions under the Fair Labor Standards Act from $455 per week ($23,660 annually) to $913 per week […]