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No Fingerprinting as a Religious Accommodation? Yes, Says Court

You wouldn’t think that fingerprinting would be brought into the world of religious accommodations. After all, the importance of background checks cannot be denied, particularly when the prospective employee is going to...more

Connecticut Medical Marijuana Law Protects Employees and Is Not Preempted by Federal Drug Laws

Ever since Connecticut allowed employees to obtain and use medical marijuana, employers have wondered whether, under certain circumstances, federal law would preempt the state law. A recent federal district court case has now...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

Is Calling Your Boss “a Nasty Mother******” Protected Activity?

My colleague Gary Starr returns today with a decision from the Second Circuit (which covers Connecticut) that may just surprise you. Then again, if you’ve been following this line of reasoning, perhaps not....more

Union Invades the Dorm, Student Resident Advisors to Vote at GWU

Imagine having parents dropping a child off at your college and finding that there is a picket line up with the resident advisors (RAs) indicating that they are on strike against the college. Sound unreal? ...more

Protecting Confidential Information from Untrustworthy Employees

Employers that maintain records of their employees and customers and allow employees have access to confidential information have long needed policies that not only secure the information, but ensure that employees who have...more

Employers Take Note: Employment Applications Must Comply With "Ban the Box" Legislation by January 1, 2017

If you have not already done your “Ban the Box” revisions to your initial employment application paperwork there is still time, but do not delay! Effective January 1, 2017 Connecticut prohibits employers from asking about a...more

Federal Contractors Must Provide Paid Sick Leave

Connecticut and Massachusetts already require certain employers to provide paid sick leave to qualifying employees. Now, a new class of employers has been brought into this requirement: federal contractors (including those...more

Shoddy Harassment Investigation Can Still Lead to Liability, Court Rules

Imagine this scenario: You, the employer, think you’ve taken all the right steps when hearing about a harassment complaint. You encourage the employee to file a written complaint. You conduct an investigation. You take...more

The Rights and Limitations of Associational Discrimination under the ADA

While a recent Second Circuit case received lots of headlines regarding its discussion of individual liability under FMLA, the case has some other nuggets for employers to understand, as my colleague Gary Starr explains in...more

Independent Contractor Ruling: A Deeper Dive

As I return from some time off, my colleagues, Gary Starr and Chris Engler, have dug a bit deeper into the Connecticut Supreme Court decision from last week and issued this alert which we have also sent to clients. A...more

The Test for Independent Contractors and Unemployment Taxes Made Friendlier

A deeply divided Connecticut Supreme Court recently issued a long-awaited decision, Standard Oil v. Administrator, regarding who is an independent contractor. The reason this is significant is that companies that utilize the...more

The Complaint Over Lunch With the Boss As Protected Activity

Is a non-union employee who speaks out about employment matters protected by the National Labor Relations Act? If so, under what circumstances? That question is critically important because if the employee is protected and...more

Can Graduate Student Assistants Unionize?

In 2004, the NLRB found that graduate student assistants at Brown University who performed services in connection with their studies were not employees and thus could not unionize. The NLRB is now revisiting this issue in a...more

NLRB Strikes Down Policy Prohibiting Recordings by Employees

The National Labor Relations Board (“Board”) finished the 2015 year in the same way it started: With continued scrutiny of seemingly neutral employer policies. The Board continues to assume that employees will read these...more

Anonymous Threats Cannot Be Ignored

Employee complaints based on anonymous harassment pose special problems for employers. How do you uncover the source of the problem when no one is able to identify who acted inappropriately? ...more

The Department of Labor Says There Are Essentially No Independent Contractors

The U.S. Department of Labor (DOL) has issued an Administrator’s Interpretation letter on the topic of misclassification of employees as independent contractors. Their conclusion is that “most workers are employees under the...more

Overtime Pay Changes on the Horizon

With great fanfare, President Obama announced a plan to potentially raise the incomes of white collar employees. The proposed federal regulation would make white collar employees eligible for overtime pay after 40 hours...more

Time to Reevaluate Employee Handbooks

Spring is often a time for some cleaning, and a new report from the National Labor Relations Board (“NLRB”) should provide you an additional incentive to clean up your employee handbook. In fact, the NLRB’s report from...more

3/30/2015  /  Employee Handbooks , NLRA , NLRB

Government Group Scrutinizing Policies at Campuses

Racist chants by students at the University of Oklahoma have gained national attention in the press and on the internet. Challenges to policies on reasonable accommodations at colleges, universities and schools have also...more

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