Latest Publications


Paid FMLA — And Perhaps Big Changes to FMLA — Passes Hurdle

Yesterday, one of the measures floating around the Connecticut General Assembly regarding Paid Family Medical Leave passed a key committee vote. The bill still has a ways to go. Indeed, as first reported by CT News...more

The Mainstreaming of Implicit Bias Training

It was only a few years ago that the phrases “unconscious bias” or “implicit bias” started making the rounds in the legal community. I can trace the discussion on this blog to a 2014 guest post from a former law professor...more

“Time’s Up” Legislation Passes Judiciary Committee; Will It Pass the Senate?

Earlier this week, the Judiciary Committee (by a 25-16 vote) approved of Senate Bill 132, being labelled by it’s proponents as the “Time’s Up” bill but covers both harassment and discrimination cases. I covered an...more

What Provisions are Typical in a Separation Agreement?

There’s been a lot in the news of late about “outrageous” provisions found in an separation agreement between an employer and an employee, like confidentiality. Indeed, some proposed legislation would restrict the use of some...more

The Certainty of Publicity of a Newly-Filed Lawsuit

It happened again, last week. An employer was sued. Wait, what’s that? A new lawsuit gets filed EVERY day against employers? (Actually, in federal court, at least 11885 employment lawsuits were filed in 2017. Far more...more

You’re Fired! — No, I Quit!

You’ve agonized over firing an employee. You hired her over a year ago and it just isn’t working out. The employee is kind, conscientious and punctual, but just doesn’t have the skills needed for the particular position....more

No Longer a Modest Proposal – A Limited “Amnesty” for Wage/Hour Violations Coming

Three years ago, I floated the idea that perhaps an agency could come up with a modest “amnesty” program that would give employers a chance to get into compliance with FLSA laws, without facing the draconian consequences such...more

Another Anniversary of the Lottery Shootings – Has Anything Changed?

Ten years ago today, I wrote about the then-Tenth Anniversary of one of the horrible events that made a lasting impact on Connecticut employers. I recounted the Connecticut Lottery shootings that happened a decade earlier....more

When You’re Sick, Can You Get Better For the Right “Price”?

Earlier this week, as I peeked up from my bed covers, I heard the lovely, comforting sound I heard when I was a kid. “Come on Down!”...more

3/2/2018  /  Sick Leave

Second Circuit: Title VII Bars Sexual Orientation Discrimination; Impact in Connecticut Muted

By now, you may have read about yesterday’s decision by the Second Circuit Court of Appeals that Title VII bars discrimination on the basis of sexual orientation. Connecticut is in that federal circuit (along with New York...more

Senate Democrats Propose “Largest Overhaul” of Sexual Harassment Laws in “Modern Connecticut History”

Last week, I posted about a proposed Governor’s bill that would expand the training requirements for some employers. However, that appears to be just a small part of a wider political battle that is about to be raised....more

New Bill Would Expand Workplace Anti-Harassment Training

The 2018 session of the General Assembly started last week and increasing workplace training is a top priority for passage. Indeed, it is not surprising that we’re starting to see the first proposed legislation to address...more

The Very First Day of Work. Ever.

Do you remember your first day at work? I’m not just talking about a new job. I mean your first day EVER at a workplace....more

2/15/2018  /  Internships

It’s Valentine’s Day – Is There Love in the Workplace? And Should There Be?

Love is in the air. And in the workplace too. But office romances have hit a 10-year-low, at least according to a new survey from ...more

ABA Passes Resolution Updating Sex Harassment Prevention Practices

Last week, I had the opportunity to again represent Connecticut as the State Delegate for the American Bar Association’s House of Delegates at the Vancouver ABA Midyear Meeting. Among the resolutions debated was Resolution...more

What are Blockchain’s Implications for Employment Law?

Are you ready for blockchain’s impact in employment law? This seems to be the new equivalent to the buzz a decade ago that social media was going to change the world (it kinda did)....more

ABA to Debate Resolutions on Title VII and Sexual Harassment

The American Bar Association (ABA) holds its Midyear Meeting later this week in Vancouver (Canada!) and the House of Delegates is scheduled to debate several resolutions of interest to employers and employment lawyers. As...more

Two New Privacy Developments for Employers to Tackle

With a weekend of football championships behind us, this post tackles the privacy developments that employers here in Connecticut need to run down. Indeed, while I could just pass off two recent posts from my colleagues,...more

Inquiry about MLK Jr. Day as Basis for Race Discrimination Claim

I’ve previously talked about Martin Luther King Jr. (MLK) day in prior posts (including way back in 2008!). But this year, I was curious — have any race discrimination claims used evidence relating to the day to support a...more

For Employers and Their Lawyers, A Busy Time

In college, I wanted to write for some of the major newspapers and be on their front page. Little did I know that my big break would now come years later, as a result of being on the cover of the Hartford Business Journal....more

The Dialogue: The Shifts That #MeToo Are Creating in the Workplace

After a break for the holidays, my long-running discussion with Nina Pirrotti, an employee-side attorney, returns. Nina is a partner at the law firm of Garrison, Levin-Epstein, Fitzgerald and Pirrotti, where she represents...more

Dreaming of Summer and Internship Tests

Summer feels really far away right now. It’s just been brutally cold here in the Northeast....more

Arbitration Provision in Employment Agreement Mandate, Well, Arbitration

Suppose there’s an old employment agreement between the employer and employee. Then the employer fires the employee. But there’s been a few intervening events and it’s not exactly clear that the employment agreement still...more

Shoveling Out Your Nor’Easter Employment Law Protocols

..You have your bread. And milk. Presumably eggs too. (Anyone making French Toast this morning?) ..But do you know the employment law rules that apply for winter storms and classic nor’easters like we have...more

Three Fearless Employment Law Predictions for 2018

In years past, I’ve looked at my crystal ball, I’ve read the tea leaves and I’ve even examined my Magic 8-Ball sitting in my office. (You never know when you need one.) I’m out of prediction-making tools....more

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