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Employees Have a Right to Complain About Intoxicated Co-Workers

The likely reaction to the title of this article would be: well of course they do. Workplace rules of conduct typically prohibit being under the influence of alcohol or drugs, and although the condition of alcoholism might be...more

What Are the Limits of Reasonable Accommodation?

The Americans with Disabilities Act requires employers to make reasonable accommodations to the known mental or physical limitations of an otherwise qualified individual. The Act defines a qualified individual as someone who,...more

What To Expect From a Doctor’s Note

Employees who are absent from work for protracted periods of time due to illness or injury submit various types of medical documentation to their employers. Such documentation does not always provide a definite answer to an...more

The Regular Rate of Pay May Not Be As Obvious As It Seems

This blog has previously addressed various complications in establishing the regular rate of pay on which the calculation of overtime is based. To recap, overtime pay is calculated at the rate of one and one half times an...more

9/5/2017  /  DOL , FLSA , Over-Time , Remuneration , Wage and Hour

When Can An Employee Quit and Sue?

You might think that before filing a lawsuit for wrongful discharge, an employee would have to actually be discharged, but that is not necessarily so. Employment law includes a principle known as “constructive discharge,” in...more

Another Form of Workplace Harassment

Harassment is a form of workplace discrimination. The most well-known is sexual harassment, which can consist of unwelcome sexual advances or requests for sexual favors, but also includes conduct of a sexual nature which...more

What Is a Regulated Drug Test?

In 1987, the Connecticut legislature passed Public Act 87-551, entitled An Act Concerning Drug Testing in the Workplace, which imposed restrictions on employer-required drug testing (now found at Sections 31-51t et seq of the...more

Dueling Time Cards: The Appellate Court Provides Guidance On Resolving Unpaid Wage Claims

Wage and hour law requires employers to keep true and accurate time records for payment of wages and overtime. This is usually a routine exercise with respect to non-exempt employees, for whom employers will have detailed...more

Bringing Your Dog to Work: Service Animals as Disability Accommodation

The reasonable accommodations for an employee’s disability that may be required by the Americans with Disabilities Act and the Connecticut Fair Employment Practices Act can take many forms, including an employee coming to...more

The Connecticut Supreme Court Aces Another ABC Test

This is the latest in a series of blog posts on the so-called “ABC Test,” which is used in Connecticut to determine whether a worker is an employee or an independent contractor for purposes of eligibility for unemployment...more

Supervisor’s Personal Liability for Harassment

A recent case filed in the Waterbury superior court, Denault v. Community Mental Health Affiliates, et al, alleging an unfortunately familiar pattern of sexual harassment in violation of the Connecticut Fair Employment...more

What Is the Extent of an Employer’s Liability For the Acts of an Employee?

An employer can be liable for injury done by an employee to a third party under the doctrine known as vicarious liability. Vicarious liability can arise when the employee’s activity that caused the injury was done 1) on the...more

Workers Comp Continues To Be Exclusive Remedy for Workplace Injuries

Workers compensation laws are among the oldest protective labor statutes, dating back to the early 1900’s. Workers compensation embodies a simple tradeoff: employees may not bring personal injury lawsuits against their...more

The Same Actor Defense Requires the Same Stage

Employment defense lawyers are fond of the “same actor” defense to discrimination claims because it combines legal theory and common sense. The same actor inference can be used in cases based on claims of discrimination on...more

Finding Ways to Sue

An employee who is terminated from employment does not have a legal right to sue the employer simply because he believes that the termination was “unfair.” While union contracts typically contain a provision that discipline,...more

Some Workers Compensation Principles That Are Often Misunderstood

A recent decision of the Connecticut Supreme Court sheds light on some common misunderstandings of the reach of workers compensation benefits. The basic events in Hart v. Federal Express Corporation, 321 Conn. 1 (decided...more

Can a Single Employee Go On Strike Against a Non-Union Company?

The short answer is “yes.” The National Labor Relations Act extends the same protections to employees of non-unionized employers as it does to union members. One of those protections is the right to engage in a strike,...more

Importance of Establishing An Employee’s Regular Rate of Pay

Overtime pay is calculated at a rate of one and one-half times a non-exempt employee’s regular rate, a well-known formula which obviously depends on establishing the employee’s regular rate of pay. This should ordinarily be...more

An Example of the Interplay Between State and Federal FMLA

Any Connecticut employer with more than 50 employees is subject to both the state and federal Family and Medical Leave Acts. The key provisions of the two laws are nearly identical, with one significant exception: the...more

Don’t Be A Cat’s-Paw

Most sexual harassment policies include a procedure to investigate complaints, often specifying that the investigation will be timely and thorough, and may include interviews with the employees involved, witnesses, and anyone...more

Differences in Public Policy Can Affect Claims of Wrongful Discharge

Most jurisdictions, including Connecticut, recognize a tort of “wrongful discharge” as an exception to the principle of employment at will. Although employment at will generally allows either the employer or the employee to...more

Supreme Court Reaffirms Workers Compensation Exclusivity

Workers compensation has been described as a bargain in which an employee who has suffered a workplace injury relinquishes potentially large common-law tort damages in exchange for relatively quick and certain compensation...more

Connecticut Supreme Court Reaffirms the Right of an Employer to Determine When Commissions Are Paid

As a general proposition, under Connecticut law an employer has the right to determine the wage that will be paid for work performed by an employee, subject to basic requirements such as minimum wage or overtime. For wages...more

There Are Limits to Connecticut’s Employee Free Speech Law

It has long been recognized as a matter of federal constitutional law that public employees cannot be deprived by the government of their right to freedom of speech protected by the First Amendment, even though the government...more

What Is Termination For Cause?

“At-will” employment is an established legal principle in Connecticut. Most non-unionized Connecticut employers publish a statement to employees, either in an employee handbook or employment application materials or both,...more

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