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Calling President An Idiot May Be Protected Speech (But Maybe Not)

“President Trump is a Big Fat Idiot” or, for that matter, “Secretary Clinton is a Sore Loser.” Let’s suppose you see one of your employees tweeting one of these expressions on Twitter during non-work hours from a personal...more

BREAKING: Budget Implementer Bill Contains Big Proposed FMLA Changes for Connecticut

Late this morning, the proposed bill implementing the state’s budget (a so-called “budget implementer”) was finally released. And like years past, the bill contains some nuggets that are seemingly unrelated to a budget....more

Diving In: Your Company Is More Than Your Employee Handbook

Yesterday, I made a spectacular dive. Unfortunately, it was not in a pool. It was in the middle of the street....more

Two Weeks Until New Protections for Pregnant Employees Become Effective

For those unfamiliar with the way a lot of Connecticut laws get implemented, October 1st could seem like just another day. (Though for my kids, they would be impressed that it was a different October 1st in 1982 that EPCOT...more

Negligent Infliction of Emotional Distress Claim for Job Applicants Remain Viable

A lot has been made of the recent district court decision on legal job protections for qualifying medical marijuana patients. But the decision has another piece that has been overlooked and which may cause employers some...more

Not Giving Employees Something (Namely a Discrimination Complaint) To Talk About

There’s an old(?) Bonnie Raitt song that my parents used to listen to when I was in college called “Let’s Give Them Something to Talk About”. It’s about a crush, but the intro could be just as applicable to a new court...more

CT Medical Marijuana Law Protects Employees; Not Preempted By Federal Drug Laws

Labor Day has come and gone. Summer is over. Can we all stop listening to Despacito now. (Please?) But it’s time to look at a decision that came out during the dog days of summer that might have been overlooked. A recent...more

“Hold My Position Open Indefinitely” Is Not a Reasonable Accommodation, Court Rules

The Connecticut Appellate Court today released an important disability discrimination decision that gives employers some support for employees who struggle with employees who ask for “accommodations” for an indefinite leave...more

Obama-Era Proposed Overtime Rules Struck Down By Court

A federal district court in Texas yesterday struck down (once and for all?) the changes to the overtime rules proposed by the Obama Administration. Previously, those rules (affecting the white collar exemptions) had been...more

Revisiting the Fluctuating Workweek Method: CT Supreme Court Says No for Retail Employees

It never seems to fail; I go on vacation and the Connecticut Supreme Court issues one of the few employment law decisions it issues every year during that week. Fortunately for all of us, it concerns the fluctuating work...more

Vacations: Necessary for the Soul, but Not Required By Law

Like many of you, I long for vacations. I like to plan them out in advance and then spend the intervening weeks and months plotting and scheming....more

Can a Legislature Really Change a Collective Bargaining Agreement?

With all of the talk about the financial difficulties faced by the government, I, and others in here, sometimes get the question of whether the State of Connecticut or other states might try to change the laws on collective...more

Compliance with Today’s Anti-Discrimination Laws Through a History Lesson

Over the weekend, I was doing a lot of driving. Having a kid at camp near the New Hampshire border to pick him up will do that. So, it was time for me to catch up on some podcasts I had downloaded but hadn’t yet listened...more

Where Do The Proposed Federal Overtime Rule Changes Stand?

As you may recall from some of the prior posts here, employers scrambled to address the Department of Labor’s changes to the salary threshold for white collar exemptions under the Fair Labor Standards Act. That change would...more

Another Employer’s Defense in Disability/Medical Marijuana Case Goes Up in Smoke

Many states have approved the use of medical marijuana, despite the fact that the federal government continues to classify marijuana as a Schedule I controlled substance. As a result there is a tension between state rights to...more

This is Why the Number of Employees You Have Matters in Employment Law

There are many confusing aspects of employment law — not the least of which is that certain laws only apply to employers of a certain size. For example, the federal age discrimination law, ADEA, only applies to a business...more

The One Area of Connecticut Law Employers Love (For Now)

Over the weekend, The New York Times ran a surprising (at least to me) article about how Idaho has implemented a legal framework that gives employers a great deal of flexibility in an area getting a good deal more publicity...more

Want to Help Refugees? You Can Always Hire One. Legally.

Over the last few months, I’ve had a few opportunities to use my legal background to help shed some light on refugee resettlement. Back in February, I helped Connecticut lawyers introduce and sponsor a resolution at the...more

How Will Federal Legal and Regulatory Changes Impact Connecticut Employers?

For the last six years, you haven’t seen much on this blog about changes to federal employment laws because, well, there just weren’t any. What we DID see, however, were changes to regulations and enforcement orders....more

The Dialogue: Sex Harassment in the Workplace — Still an Issue, but How Much?

The Dialogue, a online conversation between yours truly and a prominent employee-side attorney, Nina Pirrotti, returns today with another installment — this time tackling the topic of sexual harassment in the workplace. As...more

Recommendations for Uber Are Roadmap for All?

If you had a million dollars (or more) to investigate your culture, what would you find out? (Music fans may appreciate the classic “If I Had a Million Dollars” song from the Barenaked Ladies. You’re welcome.)...more

Legislative Recap: Pregnancy Accommodations But No Paid FMLA

Well, the Connecticut General Assembly ended earlier this week and, as predicted, it ended with a whimper and not a bang. Many employment law proposals failed to receive votes, including those on minimum wage and Paid FMLA,...more

Last Regular Session Day of Connecticut Legislature: Where We Stand

Today is the last day of the Connecticut General Assembly regular session. So it’s a good time to take a look at some of the bills pending or passed. ...more

Court: Temps May Not be “Employees” Under Workers Compensation Law, Allowing Lawsuit

As I continue to work on a major redesign and relaunch that I hope (!) to roll out by month’s end which has held up some blog posts, my colleague Gary Starr returns this morning with a new post regarding a recent Connecticut...more

Legislative Update: Pregnancy Discrimination Protections Under State Law Changing?

On Tuesday, May 23rd, the Connecticut House of Representatives overwhelmingly passed a measure that would greatly expand the already broad anti-discrimination provision that exist under Connecticut law. The bill, House Bill...more

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