Alerts
9/8/2010 - Narrow NLRB Decision Overturns Historical Standard That
On August 27th, in a 3-2 decision, the NLRB held that the union practice of displaying large stationary banners in front of secondary or neutral employers’ businesses did not amount to coercive conduct and did not violate the secondary boycott provisions of the NRLA. Carpenters & Joiners of Am. 355 N.L.R.B. No. 159.
The decision, split along party lines, covered three Arizona cases in which union carpenters displayed very large banners near three separate establishments to protest contract work performed for the owners of these establishments by non-union construction contractors.
6/25/2010 - Same-Sex Partners may be entitled to FMLA Leave
The U.S. Department of Labor issued an Administrator’s Interpretation clarifying the definition of “son or daughter” under the FMLA as it pertains to employees “standing in ‘in loco parentis’ to a child.” The interpretation would entitle employees with no legal or biological relationship to a child to take FMLA leave for the birth, adoption, or to care for a child with a serious health condition. Particularly, the DOL stated that “an employee who will share equally in the raising of an adopted child with a same sex partner, but who does not have
6/22/2010 - Employees: Walk at Your Own Risk!!!
In Brown v. United Technologies Corp., --- A.2d ----, No. 18332, 2010 WL 2331113 (Conn. June 22, 2010), the Connecticut Supreme Court dismissed the plaintiff’s appeal of the Appellate Court’s decision finding that an employee’s injury incurred while “power walking” on her unpaid lunch break was not a compensable injury under the Workers Compensation Act (“Act”), Conn. Gen. Stat. § 31-275 et seq. In so doing, the Supreme Court agreed with the Appellate Court’s explanation that even though the injury arose both out of the plaintiff’s employment
5/11/2010 - SEIU Has Connecticut In Its Sights
The Service Employees International Union (SEIU) has a new president. SEIU elected Mary Kay Henry last weekend, former head of the union’s healthcare division.
Henry is committing $8 million to union organizing efforts on top of the $10 million SEIU already has committed. The $8 million “innovation fund” is aimed at organizing private sector, white-collar workers who are employed by banks, insurance and biotechnology companies. The money will be spent in states where SEIU has successfully organized in the past, including Connecticut.
12/4/2009 - DOL and IRS Set To Increase Enforcement Efforts
The Obama Administration is sending an aggressive message to employers through its Department of Labor (DOL): comply with federal employment and labor standards or else. Last month, the DOL announced a significant increase in its investigation and enforcement practices, hiring 250 new wage and hour investigators - a staff increase of more than one third. The substantial increase in investigators is an attempt to provide enhanced enforcement efforts and ensure prompt response to complaints of federal employment law violations. The DOL is expected to focus on violations of wage and hour laws
11/13/2009 - GINA’s Employment Protections and Posting Requirements
In just over a week, Title II and the posting requirements of the Genetic Information Nondiscrimination Act of 2008 (“GINA”), a federal law prohibiting discrimination in health coverage and employment based on genetic nformation, become effective. Title I of GINA, which concerns health coverage discrimination, became effective May 21, 2009. On November 21, 2009, Title II, the section concerning prohibitions in employment discrimination, and the statute’s posting requirements go into effect.
10/30/2009 - Family and Medical Leave Act Military Caregiver and Exigency Leave Expanded
This week President Obama signed a bill into law that expands the military caregiver and exigency leave available under the federal Family and Medical Leave Act. Under the National Defense Authorization Act for Fiscal Year 2010, FMLA eligible employees who are family members of current Armed Forces members deployed to a foreign country, reserve, and National Guard members may take up to 12 weeks of leave for a qualifying exigency, e.g. military events, short-notice deployment, or child-care activities. Previously, only family members of reserve and National Guard members were eligible for qualifying
10/26/2009 - STATE POISED TO INTENSIFY INVESTIGATION OF EMPLOYEE MISCLASSIFICATION
An inactive state board charged with investigating employee misclassification and workers’ compensation fraud is set to reconvene next month. The Hartford Business Journal reports that Attorney General Richard Blumenthal moved quickly to reactivate the dormant state board following an investigation that exposed the board’s failure to meet over a 10 month period.
6/29/2009 - Supreme Court - LEA May Be Ordered To Pay For Private Placement Even If Student Did Not Previously Receive Special Education Services
– Are RTI Programs At Risk?
Extending earlier decisions concerning when a school district must reimburse parents for private school placements due to denial of a free appropriate public education (“FAPE”), the U.S. Supreme Court upheld reimbursement when a district concluded that the student was ineligible for services under the Individuals With Disabilities Education Act (“IDEA”), and therefore never offered services.
6/29/2009 - Supreme Court Holds School Officials Not Liable For Unconstitutional “Strip Search” Of Student
In a case in which a school administrator ordered the search of a 13-year-old student’s undergarments for drugs, the U.S. Supreme Court has found that although the search violated the student’s constitutional rights, the individuals who ordered and conducted the search are protected by qualified immunity. The Supreme Court decided the matter of Safford Unified School District No. 1 v. Redding on June 25, 2009, and has remanded the case for a determination of the school district’s liability.
6/23/2009 - U.S. Supreme Court Rules Employees Pursuing an ADEA Disparate-Treatment Claim Must Prove that Age was the “But-For” Cause of the Alleged Adverse Action
Last week the U.S. Supreme Court issued a welcomed decision for employers facing disparate-treatment claims under the Age Discrimination in Employment Act of 1967 (“ADEA”). In Gross v. FBL Financial Services, Inc., --- S.Ct. ----, 2009 WL 1685684 (June 18, 2009), the Court held that “even when a plaintiff has produced some evidence that age was one motivating factor” in the alleged adverse employment action, the employee still “must prove, by a preponderance of the evidence, that age was the ‘but-for’ cause” of the adverse action.
6/10/2009 - Legislative Wrap-Up, Part II: Passed Bills
The Connecticut General Assembly’s regular session adjourned on June 3, 2009. Employers should be aware of the following changes in labor and employment law.
While some Acts have been signed into law, others are awaiting gubernatorial action. These Acts include details that are beyond the scope of this summary. Please contact Siegel, O’Connor, O’Donnell & Beck, P.C. for specific guidance on any of the following requirements.
6/5/2009 - Legislative Wrap-Up, Part I: Failed Bills
As the legislative season has come to an end, employers should be aware that the bills of concern listed below were not passed this session. Although unlikely, there is a possibility that lawmakers will attempt to revive these dead bills during the General Assembly’s special session that convened June 4, 2009 to address the budget.
5/5/2009 - D.C. Circuit Says Two-Member Rump Board Has No Authority to Issue Rulings
The current two-member National Labor Relations Board (“Board”) does not have the requisite statutory authority to issue rulings, the D.C. Circuit said in Laurel Baye Healthcare of Lake Lanier, Inc. v. NLRB, a decision issued May 1, 2009. The National Labor Relations Act (“Act”) does not allow a two-member rump Board to issue decisions, the D.C. Circuit reasoned. Consequently, whether the approximately 400 decisions the two-member Board has issued since early 2008 are legally binding is now in question.
4/22/2009 - Federal COBRA Subsidy Now Applies to Small Employers in Connecticut
Under the recent federal American Recovery Reinvestment Act (“ARRA”), terminated employees eligible for COBRA may receive a premium assistance subsidy equal to 65% of the normal COBRA premium for continuation of group health insurance. The federal law applies only to employers with 20 or more employees.
4/6/2009 - USCIS Announces Form I-9 Changes For Employment Eligibility Verification
United States Citizenship and Immigration Services (“USCIS”) is reminding employers that the revised Form I-9 is now in effect. As of April 3, 2009, employers are required to use the revised Form I-9, dated February 2, 2009, for all new hires.
4/2/2009 - U.S. Supreme Court Rules Unions can Waive Employee Statutory Rights
Yesterday the U.S. Supreme Court provided union employers who, under the new labor-friendly Obama administration face several pro-union pieces of legislation, with a much-needed shot in the arm. In 14 Penn Plaza LLC v. Pyett, the Supreme Court held that, as a matter of law, employers and unions may include in their collective bargaining agreements (“CBA”) the requirement to arbitrate statutory claims.
3/11/2009 - BIG LABOR'S DIVISIVE CARD CHECK LEGISLATION INTRODUCED IN BOTH SENATE AND HOUSE
In return for Big Labor’s political and financial backing during the recent election season, on Tuesday Democrats introduced in both the House and Senate the divisive “Employee Free Choice Act” (“EFCA”). At stake is legislation representing the most radical, troublesome and unnecessary overhaul of the nation’s labor law in over 60 years.
3/5/2009 - OBAMA SIGNALS TO LABOR THE EMPLOYEE FREE CHOICE ACT WILL SOON BECOME LAW
“We will pass the Employee Free Choice Act,” President Barack Obama boldly predicted in a recent videotape address to top AFL-CIO labor leaders. President Obama made clear in his campaign for President that his top labor initiative is the Employee Free Choice Act (“EFCA”), and it seems as if he is ready to make a push for the overtly labor-friendly law.
2/20/2009 - Stimulus Package Contains Immediate, Significant Requirements for Employers Pertaining to Administration of COBRA Benefits
Until recently, an employee involuntarily terminated for reasons other than gross misconduct could elect to continue group health benefits under COBRA (the Consolidated Omnibus Budget Reconciliation Act of 1985) by paying up to 102% of the monthly premiums. That has changed with the signing into law of the American Recovery and Reinvestment Act (“the Act”) on February 17, 2009. Effective March 1, 2009, employers may not require employees involuntarily terminated between September 1, 2008 and December 31, 2009 to pay more than 35% of the premium. This premium assistance lasts for
2/10/2009 - Title VII Protects Employees From Retaliation For Participating In Internal Investigations
On January 26, 2009, the U.S. Supreme Court held that Title VII protects employees from retaliation by an employer after the employee responds to questions in an internal discrimination or harassment investigation. Specifically, the Court held that Title VII, which prohibits discrimination and harassment in the workplace, protects workers who speak out about discrimination or harassment during company-ordered investigations, not only investigations that arise out of an actual discrimination claim.
2/4/2009 - USCIS Delays Rule Changing List of Acceptable Documents for I-9 Employment Eligibility Verification
The United States Citizenship and Immigration Services (“USCIS”) has announced that it has delayed the implementation of the interim rule entitled “Documents Acceptable for Employment Eligibility Verification,” from February 2, 2009 until April 3, 2009.
11/18/2008 - New FMLA Regulations Effective January 2009
The Federal Department of Labor released new Family and Medical Leave Act (“FMLA”) regulations on November 17, 2008, which take effect January 16, 2009. Employers with 50 or more employees must comply with all 762 pages of the comments and regulations as of the effective date.
11/3/2008 - Federal Court Temporarily Delays Implementation of New Mandatory DOT Drug-Testing Requirements
The U.S. Court of Appeals for the D.C. Circuit has placed an “administrative stay” or temporary delay on the requirement that all DOT return-to-duty and follow-up drug tests must be under Direct Observation (“DO”). The administrative stay maintains the status quo until the Court completes its review on the matter.
10/31/2008 - New DOT Drug Testing Requirements For Employers
Beginning November 1, 2008, the Federal Department of Transportation (DOT) will require all employers of safety-sensitive transportation employees to order any return-to-duty or follow-up drug test of an employee to be a urine specimen collection under “direct observation.”
Direct observation requires an “observer” (of the same gender as the employee) to direct the employee to raise his or her shirt, lower his or her pants and underwear and turn around so that the observer can note any prosthetic or other device that the employee may possess in an attempt to
7/7/2008 - New Connecticut Law Mandates Employer Protection of Employee Social Security Numbers and Other Personal Information
Effective October 1, 2008, a new Connecticut law titled "An Act Concerning the Confidentiality of Social Security Numbers" mandates that all businesses that "collect Social Security numbers in the course of business" create and make public a privacy policy to ensure the confidentiality of employee Social Security numbers.
7/1/2008 - Firm's Managing Director Named One of Top 100 Labor Attorneys in America
Siegel, O'Connor, O'Donnell & Beck, P.C. takes pleasure in announcing that Edward "Bud" F. O'Donnell, Jr., the Firm's Managing Director, has been named once again to the list of Top One Hundred Labor Attorneys in the United States. Inclusion on this list puts Attorney O'Donnell in the top one percent of labor attorneys in the country and one of the most active attorneys in the representation of employers in NLRB proceedings.
6/24/2008 - Connecticut Legislature overrides veto on wage hike by just one vote. Veto of bill that raised the State's tip credit also overridden.
Governor M. Jodi Rell’s veto of a 35-cent increase in Connecticut’s hourly minimum wage was overridden on Monday, June 23, 2008, by just one vote each in the state House and Senate. Lawmakers also later overrode the Governor's veto of another bill that raised the State's tip credit. The vote of 102-39 in the House and 25-9 in the Senate ensures that the increase in Connecticut’s minimum wage will go through next year.
Starting January 1, 2009, the State's minimum wage will increase from $7.65 to $8.00. The wage will go up again in 2010, to $8.25. Approximately 65,000
4/29/2008 - May 1st Planned Student Walk-outs Should Not Disrupt Educational Environment
Our Firm has recently received information that there may be mass student walk-outs by Connecticut high school students on Thursday, May 1, 2008.
Read the attached Special Update for details and information to help you prepare for such an event if it occurs.
We will communicate more information to you as we receive it.
If you have any questions, please feel free to call any of our education law attorneys at (860) 727-8900.
3/27/2008 - Civil Money Penalties Increased for Immigration Violations
Effective March 27, 2008, civil fines for employers who violate U.S. immigration laws increased by an average 25 percent. Most of the fines were previously revised in 1999 and are now being adjusted for inflation. Pursuant to the Immigration and Nationality Act, employers may be fined for a variety of violations, including employment verification compliance violations, knowingly employing individuals who are not authorized to be employed in the United Sates, and document fraud.
3/19/2008 - March Madness May Create Workplace Badness
It's that time of year again. The NCAA men's basketball tournament begins this Thursday, March 2008, at Noon. Studies indicate that employers nationwide can expect to lose $1.7 billion in productivity costs due to an approximated 37.3 million employees creating and checking their brackets, reviewing stats, and watching the games on television or at their desks.
1/28/2008 - Federal FMLA Change Extends Coverage to Families of Servicemembers
On January 28, 2008, President Bush signed into law the National Defense Authorization Act for fiscal year 2008 which extends coverage of the federal Family Medical Leave Act ("FMLA") to families of men and women in the military service. The amendments, noted below, take effect immediately. Employers should begin to revise or supplement their FMLA policies and notify employees of the new leave provisions.
1/4/2008 - Undocumented and Organizing: Aliens in the Workplace
12/21/2007 - Board Upholds Company E-Mail Policy
11/27/2007 - I-9 Form Update/Reminder!
Employers must begin using the revised I-9 form no later than December 26, 2007.
The United States Citizenship and Immigration Services ("USCIS") has announced that no later than December 26, 2007, employers must transition to the revised Employment Eligibility Verification (I-9) Form, for verifying employee identity and work authorization in the United States. USCIS made the announcement in the November 26, 2007 edition of the Federal Register.
Employers are required by law to prepare the Form I-9 for all new employees (including re-hires), to confirm identity and employment eligibility in the United States. Employers may no longer use earlier versions of the
11/9/2007 - Revised I-9 Form Issued
Long Awaited Revised Employment Eligibility Verification (I-9) Form Issued
10/19/2007 - No Changes to No-Match Rules
DHS barred from implementation of its new rule entitled
10/5/2007 - Ten-Day Extension on Social Security No-Match Rule TRO
The temporary restraining order preventing enforcement of the new “no-match” regulation has been extended until October 10. This means that the court’s ruling on the legality of the regulation can now be expected on or before that date.
As we previously reported, the original order blocking implementation of the rule was entered August 31. The new rule would, for the first time, require employers receiving no-match notices to take specific steps to verify employees’ identities, and would impose significant penalties for failure to do so.
9/17/2007 - Connecticut Supreme Court Extends Protection for Employment Recommendations
Connecticut Supreme Court hands down decision that should come as welcome news for employers...
8/31/2007 - Social Security 'No-Match' Ruling, Something to Watch for
Department of Homeland Security seeks to implement 'no-match' rule imposing liability on employers who receive 'no-match' notifications from the SSA.
9/29/2006 - NLRB Significantly Expands Definition of Supervisor
On September 29, 2006, the National Labor Relations Board finally issued three highly anticipated decisions regarding the appropriate analysis to be followed in determining whether an employee is a supervisor and, therefore, exempt from coverage under the National Labor Relations Act.
8/17/2006 - Unions Target Hospitality Industry
Recently, a number of unions have left the AFL-CIO and joined the "Change to Win Coalition" (Coalition"). This Coalition is composed of eight (8) unions who are committing 75% of their resources to organize new members. According to John Wilhelm, President of Hospitality Industries of UNITE HERE LOCAL 217, workers need "a permanent campaign to do in the service sector what we did in manufacturing 70 years ago."
6/23/2006 - New Supreme Court Retaliation Ruling Emphasizes Employers' Obligations Following a Claim of Discrimination
The United States Supreme Court yesterday significantly expanded employer liability under the federal statute that prohibits retaliation against employees who assert claims under Title VII, the federal anti-discrimination statute.
1/3/2006 - Employer Duty to Report Employee Porn Activity in the Workplace
What must an employer do if one of its employees is viewing pornography on its workplace computer?
According to a recent New Jersey decision, an employer may have a duty to investigate and to take action if the employee is utilizing the workplace computer to access pornography, particularly child pornography.
1/1/2006 - Connecticut's Minimum Wage Rates Increase January 1, 2006
Effective January 1, 2006, the Connecticut minimum wage has increased from $7.10 to $7.40 per hour.
Because the tip credit rate for waitstaff, bartenders, and workers who customarily and regularly receive gratuities is calculated based on the minimum wage, their wage rate is also affected.
The tip credit rate for waitstaff increases from $5.02 to $5.23 per hour.
The tip credit rate for bartenders increases from $6.52 to $6.79 per hour.
This minimum wage increase is the first phase of a two-stage increase voted in by the State Senate on May 4,
12/7/2005 - Injunction Dissolved
In a major victory for two insurance brokers, a Superior Court judge dissolved an injunction that had restricted them from providing brokerage services to their customers.
12/1/2005 - Restaurant Servers' Motion for Class Action Denied
In a significant ruling for the Connecticut restaurant industry on November 28, 2005, a Superior Court judge issued a first of its kind ruling in Connecticut denying plaintiff's motion for class certification for restaurant servers.
6/27/2005 - New Overtime Restrictions for Nurses
Mandatory limits placed on overtime hours for hospital nurses and nurses' aides.
4/22/2005 - Preparing for Civil Unions in Connecticut
On April 20, 2005, Connecticut became the third state to grant legal status to monogamous relationships between same-sex couples through the enactment of "An Act Concerning Civil Unions."
4/5/2005 - New DOL Notice of USERRA Rights and Benefits
In an effort to increase compliance and awareness, the Department of Labor has provided a poster for employers that explains the rights of employees under the Uniformed Services Employment and Reemployment Rights Act ("USERRA"). Employers are required to post this notice in a prominent place where employees customarily check for such information.
4/1/2005 - Supreme Court Ruling Authorizes Disparate-Impact Claims Under the ADEA
On March 30, 2005, in a 5-3 decision, the United States Supreme Court held that the Age Discrimination in Employment Act ("ADEA") authorizes disparate-impact claims.
3/30/2005 - Supreme Court Holds that Title IX Permits Retaliation Claims
On March 29, 2005, in a 5-4 decision, the United States Supreme Court concluded that an individual who claims sexual discrimination on behalf of others is protected from retaliation under Title IX.
12/13/2004 - IDEA Reauthorized by Congress
The Individuals with Disabilities Education Act ("IDEA) has been reauthorized by Congress and signed by the President. Although there are a number of changes in the law that school districts need to be aware of, one aspect of the law deserves immediate attention. By July 1, 2005, school districts will be required to implement scientifically based, empirically validated instructional programs.
