The State Board of Labor Relations (SBLR) recently addressed the issue of whether the pandemic and the federal, state, or local mandates imposed as a result of the pandemic dispense with an employer’s duty to bargain over a change in working conditions. In a case decided on March 3, 2022, the SBLR found that, although […]
It is a common misunderstanding that the National Labor Relations Act (NLRA) only applies to unionized employers. It doesn’t – and being unaware of that fact can lead to increased liability and substantial costs. The heart of the NLRA is Section 7, which provides employees “the right to self organization, to form, join, or assist […]
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 […]
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 […]
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 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 […]
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 […]
In 2019, Connecticut joined neighboring states New York, New Jersey and Rhode Island in passing a paid leave bill. Under the PFMLA employees may be eligible for paid leave for life events covered under the federal and state FMLA, and the Connecticut Family Violence Leave Act. The bill also made sweeping changes to the State’s […]
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 […]
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 […]
