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Connecticut Labor & Employment Law Journal

U.S. Supreme Court: Exhaustion of administrative remedies under the IDEA not required for disability discrimination claim if claim does not involve denial of FAPE

The Individuals with Disabilities Education Act (IDEA) guarantees students with disabilities access to a free appropriate public education (FAPE) and establishes a formal administrative framework within which disputes concerning the denial of FAPE are addressed. In addition, other federal statutes, such as the Title II of the Americans with Disabilities Act (ADA) and § 504 […]

My Employees Want to participate in a National Strike, What are My Options?

A new tide of political involvement has swept the nation after the election of President Donald Trump.  Groups of people are marching, participating in Town hall rallies, and organizing at the grass roots level at an unprecedented rate.  Recently, the group that organized the Women’s March on Washington has announced that they are organizing a Woman’s […]

Trump Appoints Philip Miscimarra as Chairman of the NLRB

President Trump has tapped National Labor Relations Board Member Philip Miscimarra to be acting Chairman.  Mr. Miscimarra will replace Mark Gaston Pearce who served as the NLRB Chairman under President Obama since 2011.  Mr. Miscimarra is a graduate of the University Of Pennsylvania School Of Law and the Wharton School of Business.  Prior to joining […]

U.S. Department of Education’s Office of Civil Rights Issues Guidance to Districts Regarding Restraint and Seclusion of Students with Disabilities

In late December of 2016, the Department of Education’s Office for Civil Rights (OCR) issued information to school districts regarding how the use of restraint and seclusion may result in discrimination against qualified students with disabilities in violation of Federal laws that prohibit disability discrimination, including Section 504 of the Rehabilitation Act of 1973 (Section […]

Recent EEOC Decision Highlights the Importance of Dealing with Third Party Harassment

A recent judgment awarded $250,000 in compensatory damages (including emotional distress) resulting from an employer’s inaction against a customer who for more than a year engaged in a pattern of harassment including inappropriately touching the employee and stalking. In EEOC v. Costco, the EEOC proved that Costco failed to take steps to protect an employee from […]

Employers Must Update Their New-Hire Paperwork By January 22nd

Starting January 22, 2017, all employers will be required to use a new I-9 Form, the form used to verify an employee’s eligibility to work in the United States.  I-9s must be completed on all new hires who will perform work in the United States.  Employers may switch to the new form now or may […]

Reminder – Connecticut Minimum Wage Rises to $10.10 on January 1

Connecticut employers must begin paying $10.10 per hour to their employees on January 1, 2017.  For hotel and restaurant employees who normally receive sufficient gratuities, the employer must pay at least $6.38 per hour ($8.23 for bartenders) under the new minimum wage, but the employee must still make at least $10.10 per hour including tips […]

Overtime Rule Increasing Salary Minimum Requirement Blocked Nationally

Earlier this year, the U.S. Department of Labor issued a rule requiring employers to pay most employees a minimum of $913 per week in order for them to be exempt from overtime under federal law.  This rule more than doubled the existing salary threshold of $455 per week and was slated to go into effect December 1.  […]

The Future of Drug Testing and Employer Drug 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, […]