Michael LaVelle

Michael LaVelle

Pullman & Comley, LLC

Contact  |  View Bio  |  RSS

Latest Publications

Share:

Evolution of a Statutory Benefit: Use of Paid Sick Leave by Employees Who Aren’t Sick Themselves

The Connecticut employment laws mandate several workplace protections for employees which in an earlier era would have been found only in collective bargaining agreements or the employer’s own policies. Just a few examples...more

12/23/2014 - Employee Rights Employer Mandates FMLA

They Also Serve Who Only Stand and Wait – At No Extra Charge

Last month, this blog discussed a case pending at the U.S. Supreme Court on the issue of whether employees who were required to pass through a security clearance at the beginning and end of their shifts could claim that the...more

12/10/2014

The Importance of Timing in Employment Terminations

There is a saying that “timing is everything,” and in some instances of employment termination, the timing, if not everything, may still be an important consideration....more

12/2/2014 - ADA Discipline Employee Rights Employer Liability Issues ERISA FMLA Hiring & Firing Termination Title VII

They Also Serve Who Only Stand and Wait – and Get Paid for It

When the poet John Milton observed that “they also serve who only stand and wait,” it was unlikely that he was thinking about employees who are required to pass through security clearance when leaving the workplace at the end...more

11/19/2014 - FLSA Integrity Staffing v Busk Oral Argument SCOTUS Security Clearance Wage and Hour

A Question To Be Answered By The Supreme Court: Should You Discuss The Obvious At Job Interviews?

Sometime next year the United States Supreme Court will decide whether a job interviewer had an obligation to inform an applicant that the interviewer has noticed that the applicant is wearing a headscarf. Put another way, on...more

10/15/2014 - Abercrombie & Fitch Discrimination Employer Liability Issues Hiring & Firing Interviews Job Applicants Religious Clothing Religious Discrimination SCOTUS

Reacting to Employee Off-The-Job Misconduct

A very concerned CEO calls his attorney. He has just learned that several months ago a key employee punched his fiancée, knocking her unconscious. There was a criminal charge that was dismissed, and the couple later married,...more

10/7/2014 - Adverse Employment Action Criminal Prosecution Domestic Violence Employer Liability Issues Off-The-Clock

CT Law of the Land

SC19090, SC19091 - FairwindCT, Inc. v. Connecticut Siting Council - This decision upheld the Siting Council’s authorization to a Pullman & Comley client to install wind turbine electrical generation facilities in...more

9/19/2014 - Energy Energy Policy Renewable Energy Utilities Sector Wind Power

A Strange Case of Sexual Harassment

In a lawsuit currently pending in the Superior Court, an employee is accusing her supervisor of...more

9/15/2014 - Discrimination EEOC Employer Liability Issues Sexual Harassment

State Law Can Override Control Test for Employment

Past articles in this blog have discussed the control test for establishing an employment relationship as opposed to independent contractor status. Although government agencies such as the Department of Labor or IRS describe...more

9/5/2014 - Classification Conflicts of Laws DOL Employee Definition Employer Liability Issues Home Healthcare Workers Independent Contractors IRS Medicaid Right to Control

Could Non-Compete Agreements Be Banned in Connecticut?

Many employers believe that non-compete agreements, also known as restrictive covenants, can be an important tool in protecting confidential information, trade secrets, and other legitimate business interests. They allow...more

8/14/2014 - Non-Compete Agreements Restrictive Covenants

What Is The Interactive Process?

The interactive process is a crucial step for an employer in dealing with an employee’s request for accommodation of a disability. Failure to conduct and document the interactive process can result in liability under the...more

7/30/2014 - ADA Disability Employee Rights Employer Liability Issues Reasonable Accommodation

What Does the Unemployment Rate Actually Tell Us?

The percentage rate of unemployment, known as the “official unemployment rate,” is the ratio of those who are unemployed compared to those in the civilian labor force. Those in the labor force are defined as persons who were...more

7/11/2014 - DOL Unemployment

CT Law of the Land

AC35796 - Michos v. Planning & Zoning Commission - This decision held that the Town of Easton P&Z Commission violated its own regulations when it approved a house of worship with 80% of the parking in front of the...more

7/10/2014 - Religious Institutions RLUIPA Setback Rules

How Important is Attendance at Work?

The answer seems obvious. The employer must decide what hours of work are best for producing its products or serving its customers, and employees must maintain regular and reliable attendance during those hours. In fact,...more

6/24/2014 - Attendance Disability Disability Discrimination Employee Rights Employer Liability Issues Reasonable Accommodation

Some Little-Known Leave of Absence Requirements

Connecticut employers are generally familiar with the chief leave of absence requirements, such as family and medical leave (starting with employers of 50 or more employees who are covered by federal FMLA) or leave for...more

6/18/2014 - Employee Rights Employer Liability Issues FMLA Leave of Absence Medical Leave Military Service Members

“Our Website Is Down” Does Not Suspend Compliance

The economy being what it is, a young relative of mine was thrilled to get a job in the coffee bar of a local bookstore. What’s more, they were short-handed and promised her a lot of hours. However, their new-employee...more

6/5/2014 - Compliance DOL I-9 Popular Visas W-4 Websites

CT Law of the Land

AC35612 - Greenwood Manor, LLC v. Planning & Zoning Commission - During a review of its current zoning regulations, the attorney for a property owner wrote to the planning commission and strongly urged it to downgrade...more

6/2/2014 - Condominium Associations Condominiums Land Titles Standing

Once An Employee – Never A Volunteer

It should be obvious that employees cannot be required to perform services for their employers as “volunteers.” This is properly seen by the Department of Labor as a ruse to avoid paying wages or overtime. By contrast,...more

5/29/2014 - DOL Employee Definition Employment Policies Humanitarian Assistance Over-Time Religious Institutions Unpaid Overtime Volunteers Wage and Hour Wages

Do You Comply With The New Personnel Files Statutes?

Last year the Connecticut legislature amended the state personnel files statutes to add specific compliance requirements in three areas. The prior statutes defined personnel and medical files, allowed employees to request...more

5/20/2014 - Compliance Filing Requirements Personally Identifiable Information

Senate Bill No. 35: An Act Concerning Notice of Acquisitions, Joint Ventures and Affiliations of Group Medical Practices

At the end of the Connecticut General Assembly’s 2014 Regular Session, "An Act Concerning Notice of Acquisitions, Joint Ventures and Affiliations of Group Medical Practices" (the "Act") was passed and is awaiting the...more

5/16/2014 - Compliance Healthcare Healthcare Reform Joint Venture Physicians

CT Law of the Land

AC35464 - Yorgensen v. Chapdelaine - In this new Appellate Court decision, the plaintiff was issued a building permit to construct a barn, but town officials thereafter also observed grading adjacent to the wetlands...more

5/12/2014 - Appeals Building Permits Cease and Desist Declaratory Judgments Enforcement Actions Jurisdiction Wetlands

Paying Employees For Travel Time

Both the state and federal wage and hour laws have provisions addressing the question of when time spent traveling by a non-exempt employee is compensable. A new decision of the Connecticut Supreme Court in the case of...more

5/2/2014 - Employee Rights Reimbursements Travel Traveling Employee Trucking Industry Wage and Hour

The Current State of Whistleblower Protections in Connecticut

In the employment context, a “whistleblower” is an employee who discloses the illegal practices of his employer, usually by a report or complaint to a public authority. There are a variety of statutory protections for...more

3/13/2014 - Adverse Employment Action Whistleblower Protection Policies

Limits on Control of Employee Smoking

The recent announcement by CVS pharmacies to eliminate the sale of cigarettes and other tobacco products prompts a review of the employment statutes that pertain to smoking by employees. In brief, employers can limit or...more

3/5/2014 - Smoking Bans

What is a Workday?

Connecticut has an interesting statute, Conn. Gen. Stat. 31-21, which declares that “eight hours of labor performed in any one day by any one person shall be a legal day’s work unless otherwise agreed.” But what is the...more

2/10/2014 - Compliance Employee Rights FLSA

30 Results
|
View per page
Page: of 2