Articles
3/13/2009 - U.S. DISTRICT COURT DISMISSED WRONGFUL DISCHARGE CLAIM BASED ON EMPLOYEE'S PERCEPTION OF RISK OF PHYSICAL HARM BY CO-WORKER
The rule that a Connecticut employer may not terminate an otherwise at-will employee for refusing to work in an unreasonably dangerous place or manner was not extended to include the employee’s subjective perceptions of danger, in a federal court decision issued on March 6, 2009. In Cesar Ferrer v. T.L. Cannon Management Corp., Chief Judge Chatigny of the U.S. District Court ruled in favor of the employer in a case of first impression regarding whether an at-will employee who is discharged for complaining about a physically threatening co-worker may sue for wrongful discharge.
9/6/2008 - Pornography in the Workplace-I Know It When I See It
By Meredith Diette and Ashley Baron
Just over 30 years ago, U.S. Supreme Court Justice Potter Stewart, seemingly at a loss for a definition of "hard-core" pornography, explained in a concurring opinion, "I know it when I see it." Since then, society has sought to delineate where and when various forms of pornography are appropriately accessed and by whom. More specifically, employers have struggled with their employee's viewing of pornography during work hours, particularly with the growth and importance of access to the Internet on company computers. To that end, the Second Circuit U.S. Court of Appeals' recent decision trumpets
5/15/2008 - A Back-Breaking Decision for Employers?
By Glenn A. Duhl, Esq.
The Connecticut Supreme Court's recent decision in John P. Curry v. Allan S. Goodman Inc. will have a monumental impact on Connecticut employment law.
4/28/2008 - Fill out the Form or Pay the Consequences
By Daniel P. Murphy, Esq.
Employers should beware of changes to the employment verification proess. Employers with large numbers of hires or frequent turnover tend to run an increased risk of compliance violations.
1/2/2008 - A Legal 10-Step Plan for 2008
By Glenn A. Duhl, Esq.
With the New Year comes a new opportunity to review your business practices. What follows is a sampling of '"hot" topics of which every employer should be aware.
1. Audit Preparedness
Every employer needs to be ready in the event that it is audited by the state or federal Department of Labor. Audit preparedness is a good way to make sure that your business is running smoothly by having all records up to date. One basic tip is to ensure that every employee has a document stating his or her correct title, pay rate and exempt/nonexempt status.
2. Compliance with Correct
11/6/2007 - Don't Throw That Record Away Yet!
Many federal and state laws and regulations contain record-keeping requirements pertaining to certain personnel-related information or documents.
For example, the Americans with Disabilities Act (ADA), Age Discrimination in Employment Act (ADEA), the Family and Medical Leave Act (FMLA), the Fair Labor Standards Act (FLSA), Title VII of the Civil Rights Act of 1964 (Title VII), the Immigration Reform and Control Act (IRCA), the Occupational Safety and Health Act (OSHA), and the Employee Retirement Income Security Act (ERISA) all contain record-keeping requirements. Some of these laws apply to all employers, while others apply only to specified categories of employers based on the number of persons employed.
Of course, there is no
10/26/2007 - How Could a Few Jokes Hurt?
"The bottom line here is that e-mail transmissions in the workplace should be limited to business purposes."
A female employee brought discrimination and retaliation claims against her employer. She sought to introduce into evidence e-mails and instant messages among her former male colleagues and between her colleagues and the employer’s clients as they contained crude jokes and comments about women and minorities, as well as co-worker social plans. The employer filed a motion to preclude the introduction of such evidence as being irrelevant to the former employee’s claims and, even if they were to be found to be relevant evidence, that their probative value was substantially outweighed
4/27/2007 - Clergy versus Bishop?
Not In Connecticut State Courts ... But Maybe In Second Circuit Federal Courts
By Meredith G. Diette
Published in the CBA Labor & Employment Law Quarterly, Winter 2007, Vol. 12, No. 3.
8/29/2006 - Absent Contract, No Standing Conferred by Sec. 1980
By Glenn A. Duhl, Esq.
U.S. Supreme Court holds that only individuals who have enforceable contractual rights have claim.
1/31/2006 - Crushing Small Businesses: Organized Labor's 2006 Agenda
By Edward "Bud" F. O'Donnell, Jr., Esq.
On Friday, January 13, 2006, the Maryland Senate, in a major victory for organized labor, voted to override a gubernatorial veto and enact the “Fair Share Health Care Plan” (FSHCP) bill. This bill requires companies employing more than 10,000 people to spend at least eight percent of their payroll on health care benefits.
6/1/2005 - AFL-CIO Issues Proposal for a More United and Strengthened Labor Movement
By Edward "Bud" F. O'Donnell, Jr., Esq.
Unions are experiencing internal political issues, diminishing fortunes, and declining membership. In response, the Principal Officers of the AFL-CIO recently released a proposal aimed at restructuring and strengthening the labor movement. The proposal, while advancing several key initiatives, primarily focuses on methods of organizing and growing the union presence across the country. Among other goals, the plan seeks to increase union mobilization and organization and to develop a more staunch union presence in the legislative process.
1/26/2005 - Could This Be The Next Reality TV Show? Court Upholds Termination of Woman Who Wouldn't Wear Makeup
By Edward "Bud" F. O'Donnell, Jr., Esq.
“I’m off to work-I have my uniform, work shoes, name badge, my hair looks nice, and I can’t forget my lipstick… You’re just not fully dressed unless you have your makeup on!”
For employers with a grooming and appearance policy, don’t be surprised if you hear a similar comment made by your female employees.
10/13/2004 - Escheat Update
By Edward “Bud” F. O’Donnell, Jr., Esq.
The State Treasurer's Office has recently stepped up its efforts forcing restaurants to pay over to the state the dollar value of unused gift certificates or gift cards.
As you are aware from prior Newsletter articles, the State Treasurer’s Office has recently stepped up its efforts forcing restaurants to “escheat” – that is, pay over to the state – the dollar value of unused gift certificates or gift cards. Several hotels and other establishments have been audited in the last year.
