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A Cautionary Reminder For Public Sector Employers

By: Christopher R. Henderson, Esq.

At the end of 2021, the State Board of Labor Relations (SBLR) issued a decision that serves as an important and cautionary reminder to take seriously the prohibition against direct dealing and union retaliation.  The Municipal Employee Relations Act (MERA), like many collective bargaining statutes across the country, prohibits an employer from negotiating terms or […]

Bill to Ban Captive Audience Speeches Introduced at General Assembly

By: Floyd J. Dugas, Esq.

Continuing the trend in an already pro-union state, the General Assembly is considering a “captive audience” bill which would outlaw “captive audience” meetings by employers in response to union organizing efforts. For decades, federal and state law has permitted employers to hold mandatory meetings during work hours where they would have an opportunity to explain […]

The End to Mandatory Arbitration for Sexual Misconduct Claims

By: Rebecca Goldberg

In an effort to remove clouds of secrecy that may surround sexual misconduct claims, Congress recently passed the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (“the Act”).  Arbitration is typically a confidential process, while court proceedings are public.  To bring more sexual misconduct claims into public forums, this Act amends the Federal […]

Governor Announces Plan to End Statewide Mask Mandate for Schools and Childcare Centers

By: Rebecca Goldberg

Governor Lamont announced a plan to end the statewide mask mandate for schools and childcare centers in Connecticut effective February 28, 2022.  The plan places the decision whether to require masks in schools and childcare centers with local authorities. With Governor Lamont’s emergency powers set to expire on February 15, 2022, the governor reached an […]

EEOC Issues Updated COVID-19 Technical Guidance

By: Christopher R. Henderson, Esq.

The Equal Employment Opportunity Commission (EEOC) recently released an update to its technical guidance, adding a new section clarifying under what circumstances COVID-19 could be considered a disability under the Americans with Disabilities Act and the Rehabilitation Act, which could then require an employer to provide a “reasonable accommodation” absent undue hardship. The Department of Justice and Department […]

Employers are in limbo (again): The uncertain state of vaccine mandates

On November 4, the federal Occupational Safety and Health Administration issued its long-anticipated Emergency Temporary Standard (ETS), requiring employers with 100 or more employees to ensure their employees are vaccinated against COVID-19 or submit to weekly COVID-19 testing by January 4, 2022. The ETs also required employers to determine the vaccine status of their employees […]

OSHA Suspends ETS Enforcement Pending Litigation Outcome

By: Christopher R. Henderson, Esq.

The Occupational Safety and Health Administration announced that it has “suspended its activities related to the implementation and enforcement of the ETS [Emergency Temporary Standard] pending future development in the litigation.” This announcement comes after the U.S. Court of Appeals for the Fifth Circuit upheld the stay to the implementation of the ETS. The Court […]

What Does OSHA’s Emergency Standard Mean for Unionized Workplaces?

By: Christopher R. Henderson, Esq.

The NLRB’s General Counsel addressed that question in a recently issued memorandum outlining employers’ obligations with respect to compliance with the ETS. The ETS requires private sector employers with over 100 employees to adopt and implement mandatory vaccine policies for their workforces. The ETS is currently on hold because of a decision from the 5th Circuit Court […]

OSHA Issues COVID-19 Vaccine or Testing Mandate

By: Christopher R. Henderson, Esq.

The Occupational Safety and Health Administration (OSHA) issued its emergency temporary standard (ETS) today requiring private sector employers with over 100 employees adopt and implement mandatory vaccine policies for their workforces. While the ETS totals more than 400 pages, here are the highlights and relevant timeline:  December 5, 2021 – unvaccinated employees must begin wearing […]