Category Archives: Employment

CONNECTICUT IS NOW A “RIGHT-TO-WORK” STATE

In the recent decision, Janus v. AFSCME, Council 31, et al, the United States Supreme Court ruled that it is unconstitutional for state and public-sector unions to deduct agency fees or any other payments to the union from a nonmember’s wages without their consent. The basis for the Court’s decision is that it is a… Read More »

A STEP CLOSER TO PAY EQUITY BETWEEN MEN AND WOMEN – Inquiry into Pay History now Prohibited

  We have previously addressed the issue of pay equity in a blog last year entitled “Connecticut Close to Passing New Pay Equity Law.”  In that blog, it was noted that paying women less than men, or men less than women, for similar work was already illegal in Connecticut, and looked at what the proposed… Read More »

CAN USING MEDICAL MARIJUANA GET YOU FIRED?

Nearly ninety percent of states, as well as Puerto Rico and the District of Columbia, allow the limited possession of marijuana for medical treatment. However, federal law still designates marijuana as contraband for any purpose. That means that an individual lawfully prescribed marijuana for medical purposes under a state law is potentially subject to federal… Read More »

CHRO RELEASES 2016-2017 STATISTICS

The Connecticut Commission on Human Rights and Opportunities (CHRO) recently released its 2016-2017 statistics. The CHRO is the state agency tasked with eliminating discrimination in employment, housing, public accommodations, and credit transactions. The 2016-17 statistics show a drop in the number of discrimination complaints for the first time in several years. The CHRO received a… Read More »

LATEST UPDATE ON THE FEDERAL OVERTIME LAW

In May 2016, I wrote about the changes the Obama Administration had made to the overtime rule in the Fair Labor Standards Act (FLSA) which were set to take effect on December 1, 2016. You can read that post here. In short, the changes more than doubled the threshold salary level for employees to be… Read More »

CAN CONNECTICUT EMPLOYERS REQUIRE EMPLOYEES TO WORK OVERTIME?

Yes. An employer may require employees to work more than 40 hours in one calendar week as long as the employer pays the employee overtime compensation (1 ½ times the employee’s regular rate) for all hours worked over 40. It does not matter if the days on which the hours are worked are Saturdays, Sundays… Read More »

STATE LEGISLATURE EXPANDS PROTECTIONS UNDER PREGNANCY DISCRIMINATION LAW

The legislature passed a bill expanding protections for pregnant employees. The bill, called “An Act Concerning Pregnant Women in the Workplace,” awaits Governor Malloy’s signature. State law already makes it illegal for an employer to discriminate against a woman because of her pregnancy, and much of the existing law will remain under the bill. For… Read More »

UNION ORGANIZING IN HIGHER EDUCATION

In August 2016, the National Labor Relations Board (“NLRB” or “Board”) ruled that graduate students and adjunct professors at private colleges and universities are employees and, therefore, can join unions. The NLRB is the federal agency that enforces the federal law that grants most private sector non-supervisory employees the right to form unions, as well… Read More »

COURT SIDES WITH EMPLOYEE WHOSE FACEBOOK POST CALLED MANAGER OBSCENE NAME

The Second Circuit (which covers Connecticut) recently issued a decision that may surprise you. In NLRB v. Pier Sixty, LLC, the court held that an employee’s Facebook post containing expletives and insults aimed at his manager and his manager’s mother was protected activity under the National Labor Relations Act (NLRA). The NLRA is a federal… Read More »

JUST HOW PERSONAL ARE PUBLIC SECTOR PERSONNEL FILES ANYWAY?

Teachers and administrators well know that personal information about themselves is regularly acquired by school districts and sequestered in file cabinets or desk drawers within the environs of the superintendent’s office. Letters, memos, and other papers, including emails and faxes, may be stored in these “confidential” files and potentially be utilized in decision-making concerning a… Read More »

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