The Aftermath: Developments From The 2019 Session of The Connecticut General Assembly Affecting Employers (Part One)

Pullman & Comley - Labor, Employment and Employee Benefits Law

The 2019 Regular Session of the Connecticut General Assembly concluded on June 5, 2019. In light of the passage of several bills of great import (e.g., paid family and medical leave – along with other changes to the state’s FMLA, measures addressing sexual harassment while also expanding remedies for employment discrimination claims, increases in the state’s minimum wage), this may have been the most significant session of the General Assembly in terms of bills affecting the workplace in many years. The following are concise descriptions of these “major” employment law related bills. We will provide you with a description of the remaining employment bills in a subsequent blog post.

MINIMUM WAGE: Public Act 19-4 ( “An Act Increasing The Minimum Fair Wage”), which was signed by the Governor on May 28, 2019, increases the minimum wage from the current $10.10/hour to $11.00/hour on October 1, 2019, $12.00/hour on September 1, 2020, $13.00/hour on August 1, 2021, $14.00/hour on July 1, 2022, and $15.00/hour on June 1, 2023, with the minimum wage thereafter being subject to annual indexing/adjustment for inflation (commencing on January 1, 2024).

The Act provides for a lower minimum wage for those under the age of 18 (except emancipated minors) for the first 90 days of employment, namely, 85% of the minimum wage or $10.10/hour, whichever is greater; thereafter, such minors would receive the “typical” minimum wage, except those in institutional training programs specifically exempted by our Department of Labor. The Act provides that commencing October 1, 2020, no employer may take any action to displace (in whole or in part) an employee, including reducing the employee’s hours, wages or employment benefits, for purposes of hiring persons under the age of 18 years at a rate below the minimum wage. If the Commissioner of Labor determines that an employer has violated this provision, the Commissioner shall suspend the employer’s right to pay the reduced rate for employees for a period of time as specified in regulations that are to be adopted.

The Act provides that after two consecutive quarters of negative growth in the state’s gross domestic product, the Commissioner of Labor shall report his or her recommendations in writing to the Governor regarding whether any scheduled increases in the minimum wage should be suspended. The Governor may then submit his or her recommendations regarding the suspension of such increases to the General Assembly.

In addition, the Act revises the “tip credit” reduced minimum wage for certain hotel and restaurant employees. Effective July 1, 2019, the Commissioner of Labor will recognize, as part of the minimum wage, gratuities in an amount equal to the difference between the minimum fair wage and the employer’s share per hour for persons 1) who are employed in the hotel and restaurant industry (including a hotel restaurant) and 2) who customarily and regularly receive gratuities. This “employer’s share” is 1) $6.38 per hour for such persons other than bartenders, and 2) $8.23 per hour for bartenders. Furthermore, the Commissioner of Labor is required to conduct a study regarding workers in this state who receive gratuities. When the study is concluded, the Commissioner shall make recommendations regarding the optimal methods of obtaining the following information: 1) which groups of workers in this state receive compensation in the form of gratuities, 2) the demographics of such workers, 3) the amount of gratuities received by such workers, and 4) any difference in wage growth between workers who receive gratuities and workers who do not receive gratuities. The Commissioner shall then submit a report regarding this study to the General Assembly by January 17, 2020.

SEXUAL HARASSMENT AND DISCRIMINATION COMPLAINTS: As my colleagues, Mick LaVelle and Bob Hinton, have recently written in these pages in detail,,, Public Act 19-16 (“An Act Combatting Sexual Assault and Sexual Harassment”), which was signed by the Governor on June 18, 2019 and takes effect on October 1, 2019, greatly affects Connecticut employers not only with respect to actions they must take to prevent harassment in their workplaces, but also increases exposure to potential liability for employment discrimination claims in general.

This Act amends the current laws that require employers with three or more employees to post a notice stating that sexual harassment is illegal (and the remedies available to victims) by also requiring these employers to send a copy of this information to employees by email within three months of their hire if 1) the employer has provided an email account to the employee or 2) the employee has provided the employer with an email address. The email’s subject line must be similar to “Sexual Harassment Policy.” If an employer has not provided email accounts to employees, it must post the information on its website (if it has one). An employer can comply with this requirement by providing employees by email, text message, or in writing with a link developed by the Commission on Human Rights and Opportunities [“CHRO”] and available on its website about the illegality of sexual harassment and the remedies available to victims.

The Act amends the anti-sexual harassment training requirements. Employers with three of more employees must provide two hour of such training to all of their employees (not just supervisory employees) within one year of October 1, 2019 (and six months after any employee is hired). There is an exception for those employers who provided such training to all of their employees after October 1, 2018. The training requirement for employers with less than three employees is limited to supervisory employees. The Act requires CHRO (by October 1, 2019) to develop and make available to employers a free online training and education video or other interactive method that fulfills the Act’s training requirements. The Act provides that employers who fail to provide such notices and training may be fined up to $1,000 (and authorizes CHRO to enter an employer’s premises during normal business hours to assure compliance with these mandates). Previously, the maximum fine for a failure to post was only $250.

This Act requires an employer to obtain an employee’s consent in writing to “immediate corrective actions” that an employer may take to remediate sexual harassment, such as employee relocation, reassignment, or a different employee work schedule.

The Act extends the deadline for filing a discriminatory employment practices complaint with CHRO (for complaints alleging an act of discrimination occurring on or after October 1, 2019) from 180 days after the alleged act to 300 days. This Act also expressly grants parties to CHRO administrative hearings the right to inspect and copy documents from the other party. This Act grants CHRO the authority to award damages and attorneys’ fees in employment discrimination cases; the Act indicates that the amount of attorneys’ fees awarded shall not be contingent upon the amount of damages requested or awarded. It is not clear if this grant of authority to CHRO will apply to only complaints filed on or after October 1, 2019, or all complaints pending with CHRO. The Act also gives courts the authority to award punitive damages in state court employment discrimination complaints. The Act gives CHRO the authority to directly bring a civil action in the courts concerning alleged discriminatory practices, instead of a case proceeding to a typical CHRO administrative hearing, if CHRO determines that 1) this would be in the public interest and 2) the parties mutually agree, in writing, to the case proceeding in this way.

FAMILY AND MEDICAL LEAVE: Public Act 19-25 (“An Act Concerning Paid Family And Medical Leave”), which was signed by the Governor on June 25, 2019, provides paid family and medical leave benefits to all eligible employees (namely, all private sector employees except private schools, all non-union state employees, public sector employees whose unions collectively bargain for them to join this program, and sole proprietors or self-employed persons who have voluntarily enrolled in the program) who have earned $2,325 from one or more employers during the employee’s highest earning quarter during the previous five quarters. Specifically, this Act creates a “Family and Medical Leave Insurance Program” that will offer 1) up to 12 workweeks of “family and medical leave compensation” to covered employees during any 12 month period, and 2) two additional weeks of compensation to such an employee for a serious health condition that occurs during a pregnancy that results in incapacitation.

The Program will be funded by employee contributions to the “Family and Medical Leave Insurance Trust Fund”, to be collected from covered employees starting on January 1, 2021, and would begin to provide compensation to covered employees starting on January 1, 2022. The Trust Fund will be managed by the Paid Family and Medical Leave Insurance Authority, which will annually determine the employee contribution rate (which cannot exceed .5%). The benefit is supposed to be 1) 95% of the covered employee’s base weekly earnings up to 40 times the minimum wage, plus 2) 60% of that covered employee’s base weekly earnings that exceeds 40 times the minimum wage; the total weekly benefit cannot exceed 60 times the minimum wage. However, if employee contributions are insufficient to maintain the Program’s solvency, the Act authorizes the Authority to reduce benefits as may be necessary. Employers would be allowed to meet their obligations under this Act via a private plan; such a private plan must be approved by the Authority and must, among other things, provide the same rights and benefits offer under the Program.

The Act also makes other changes to the state’s Family and Medical Leave Act [“FMLA”]. Effective January 1, 2022, the Act 1) extends the applicability of the state’s FMLA to allprivate employers with at least one employee (as opposed to the current 75 employee threshold), 2) changes the state FMLA’s minimum eligibility requirement for employees, from working at least 12 months for the current employer and at least 1000 hours during the previous 12 months, to having been employed three months prior to the request for leave (regardless of how many hour worked), 3) aligns the maximum amount of leave under the state FMLA with the federal FMLA requirement (i.e., 12 weeks of leave during any 12 month period), 4) broadens the definition of “parent” and adds siblings, grandparents, grandchildren and “any other individual related by blood or whose close association with the employee is the equivalent of a family member” to the list of family members for whom an employee can take FMLA “caregiver” leave, and 5) limits an employer’s ability to require an employee taking FMLA leave to use his or her employer-provided paid leave (so that the employee is able to retain at least two weeks of such paid leave). This Act further would create a “non-charge” against an employer’s unemployment compensation experience rating when an employer lays off an employee due to the return of another employee who had been out on FMLA leave.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Pullman & Comley - Labor, Employment and Employee Benefits Law | Attorney Advertising

Written by:

Pullman & Comley - Labor, Employment and Employee Benefits Law

Pullman & Comley - Labor, Employment and Employee Benefits Law on:

Readers' Choice 2017
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
- hide

JD Supra Privacy Policy

Updated: May 25, 2018:

JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.

This Privacy Policy describes how JD Supra, LLC ("JD Supra" or "we," "us," or "our") collects, uses and shares personal data collected from visitors to our website (located at (our "Website") who view only publicly-available content as well as subscribers to our services (such as our email digests or author tools)(our "Services"). By using our Website and registering for one of our Services, you are agreeing to the terms of this Privacy Policy.

Please note that if you subscribe to one of our Services, you can make choices about how we collect, use and share your information through our Privacy Center under the "My Account" dashboard (available if you are logged into your JD Supra account).

Collection of Information

Registration Information. When you register with JD Supra for our Website and Services, either as an author or as a subscriber, you will be asked to provide identifying information to create your JD Supra account ("Registration Data"), such as your:

  • Email
  • First Name
  • Last Name
  • Company Name
  • Company Industry
  • Title
  • Country

Other Information: We also collect other information you may voluntarily provide. This may include content you provide for publication. We may also receive your communications with others through our Website and Services (such as contacting an author through our Website) or communications directly with us (such as through email, feedback or other forms or social media). If you are a subscribed user, we will also collect your user preferences, such as the types of articles you would like to read.

Information from third parties (such as, from your employer or LinkedIn): We may also receive information about you from third party sources. For example, your employer may provide your information to us, such as in connection with an article submitted by your employer for publication. If you choose to use LinkedIn to subscribe to our Website and Services, we also collect information related to your LinkedIn account and profile.

Your interactions with our Website and Services: As is true of most websites, we gather certain information automatically. This information includes IP addresses, browser type, Internet service provider (ISP), referring/exit pages, operating system, date/time stamp and clickstream data. We use this information to analyze trends, to administer the Website and our Services, to improve the content and performance of our Website and Services, and to track users' movements around the site. We may also link this automatically-collected data to personal information, for example, to inform authors about who has read their articles. Some of this data is collected through information sent by your web browser. We also use cookies and other tracking technologies to collect this information. To learn more about cookies and other tracking technologies that JD Supra may use on our Website and Services please see our "Cookies Guide" page.

How do we use this information?

We use the information and data we collect principally in order to provide our Website and Services. More specifically, we may use your personal information to:

  • Operate our Website and Services and publish content;
  • Distribute content to you in accordance with your preferences as well as to provide other notifications to you (for example, updates about our policies and terms);
  • Measure readership and usage of the Website and Services;
  • Communicate with you regarding your questions and requests;
  • Authenticate users and to provide for the safety and security of our Website and Services;
  • Conduct research and similar activities to improve our Website and Services; and
  • Comply with our legal and regulatory responsibilities and to enforce our rights.

How is your information shared?

  • Content and other public information (such as an author profile) is shared on our Website and Services, including via email digests and social media feeds, and is accessible to the general public.
  • If you choose to use our Website and Services to communicate directly with a company or individual, such communication may be shared accordingly.
  • Readership information is provided to publishing law firms and authors of content to give them insight into their readership and to help them to improve their content.
  • Our Website may offer you the opportunity to share information through our Website, such as through Facebook's "Like" or Twitter's "Tweet" button. We offer this functionality to help generate interest in our Website and content and to permit you to recommend content to your contacts. You should be aware that sharing through such functionality may result in information being collected by the applicable social media network and possibly being made publicly available (for example, through a search engine). Any such information collection would be subject to such third party social media network's privacy policy.
  • Your information may also be shared to parties who support our business, such as professional advisors as well as web-hosting providers, analytics providers and other information technology providers.
  • Any court, governmental authority, law enforcement agency or other third party where we believe disclosure is necessary to comply with a legal or regulatory obligation, or otherwise to protect our rights, the rights of any third party or individuals' personal safety, or to detect, prevent, or otherwise address fraud, security or safety issues.
  • To our affiliated entities and in connection with the sale, assignment or other transfer of our company or our business.

How We Protect Your Information

JD Supra takes reasonable and appropriate precautions to insure that user information is protected from loss, misuse and unauthorized access, disclosure, alteration and destruction. We restrict access to user information to those individuals who reasonably need access to perform their job functions, such as our third party email service, customer service personnel and technical staff. You should keep in mind that no Internet transmission is ever 100% secure or error-free. Where you use log-in credentials (usernames, passwords) on our Website, please remember that it is your responsibility to safeguard them. If you believe that your log-in credentials have been compromised, please contact us at

Children's Information

Our Website and Services are not directed at children under the age of 16 and we do not knowingly collect personal information from children under the age of 16 through our Website and/or Services. If you have reason to believe that a child under the age of 16 has provided personal information to us, please contact us, and we will endeavor to delete that information from our databases.

Links to Other Websites

Our Website and Services may contain links to other websites. The operators of such other websites may collect information about you, including through cookies or other technologies. If you are using our Website or Services and click a link to another site, you will leave our Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We are not responsible for the data collection and use practices of such other sites. This Policy applies solely to the information collected in connection with your use of our Website and Services and does not apply to any practices conducted offline or in connection with any other websites.

Information for EU and Swiss Residents

JD Supra's principal place of business is in the United States. By subscribing to our website, you expressly consent to your information being processed in the United States.

  • Our Legal Basis for Processing: Generally, we rely on our legitimate interests in order to process your personal information. For example, we rely on this legal ground if we use your personal information to manage your Registration Data and administer our relationship with you; to deliver our Website and Services; understand and improve our Website and Services; report reader analytics to our authors; to personalize your experience on our Website and Services; and where necessary to protect or defend our or another's rights or property, or to detect, prevent, or otherwise address fraud, security, safety or privacy issues. Please see Article 6(1)(f) of the E.U. General Data Protection Regulation ("GDPR") In addition, there may be other situations where other grounds for processing may exist, such as where processing is a result of legal requirements (GDPR Article 6(1)(c)) or for reasons of public interest (GDPR Article 6(1)(e)). Please see the "Your Rights" section of this Privacy Policy immediately below for more information about how you may request that we limit or refrain from processing your personal information.
  • Your Rights
    • Right of Access/Portability: You can ask to review details about the information we hold about you and how that information has been used and disclosed. Note that we may request to verify your identification before fulfilling your request. You can also request that your personal information is provided to you in a commonly used electronic format so that you can share it with other organizations.
    • Right to Correct Information: You may ask that we make corrections to any information we hold, if you believe such correction to be necessary.
    • Right to Restrict Our Processing or Erasure of Information: You also have the right in certain circumstances to ask us to restrict processing of your personal information or to erase your personal information. Where you have consented to our use of your personal information, you can withdraw your consent at any time.

You can make a request to exercise any of these rights by emailing us at or by writing to us at:

Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

You can also manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard.

We will make all practical efforts to respect your wishes. There may be times, however, where we are not able to fulfill your request, for example, if applicable law prohibits our compliance. Please note that JD Supra does not use "automatic decision making" or "profiling" as those terms are defined in the GDPR.

  • Timeframe for retaining your personal information: We will retain your personal information in a form that identifies you only for as long as it serves the purpose(s) for which it was initially collected as stated in this Privacy Policy, or subsequently authorized. We may continue processing your personal information for longer periods, but only for the time and to the extent such processing reasonably serves the purposes of archiving in the public interest, journalism, literature and art, scientific or historical research and statistical analysis, and subject to the protection of this Privacy Policy. For example, if you are an author, your personal information may continue to be published in connection with your article indefinitely. When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
  • Onward Transfer to Third Parties: As noted in the "How We Share Your Data" Section above, JD Supra may share your information with third parties. When JD Supra discloses your personal information to third parties, we have ensured that such third parties have either certified under the EU-U.S. or Swiss Privacy Shield Framework and will process all personal data received from EU member states/Switzerland in reliance on the applicable Privacy Shield Framework or that they have been subjected to strict contractual provisions in their contract with us to guarantee an adequate level of data protection for your data.

California Privacy Rights

Pursuant to Section 1798.83 of the California Civil Code, our customers who are California residents have the right to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes.

You can make a request for this information by emailing us at or by writing to us at:

Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

Some browsers have incorporated a Do Not Track (DNT) feature. These features, when turned on, send a signal that you prefer that the website you are visiting not collect and use data regarding your online searching and browsing activities. As there is not yet a common understanding on how to interpret the DNT signal, we currently do not respond to DNT signals on our site.

Access/Correct/Update/Delete Personal Information

For non-EU/Swiss residents, if you would like to know what personal information we have about you, you can send an e-mail to We will be in contact with you (by mail or otherwise) to verify your identity and provide you the information you request. We will respond within 30 days to your request for access to your personal information. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why. If you would like to correct or update your personal information, you can manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard. If you would like to delete your account or remove your information from our Website and Services, send an e-mail to

Changes in Our Privacy Policy

We reserve the right to change this Privacy Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our Privacy Policy will become effective upon posting of the revised policy on the Website. By continuing to use our Website and Services following such changes, you will be deemed to have agreed to such changes.

Contacting JD Supra

If you have any questions about this Privacy Policy, the practices of this site, your dealings with our Website or Services, or if you would like to change any of the information you have provided to us, please contact us at:

JD Supra Cookie Guide

As with many websites, JD Supra's website (located at (our "Website") and our services (such as our email article digests)(our "Services") use a standard technology called a "cookie" and other similar technologies (such as, pixels and web beacons), which are small data files that are transferred to your computer when you use our Website and Services. These technologies automatically identify your browser whenever you interact with our Website and Services.

How We Use Cookies and Other Tracking Technologies

We use cookies and other tracking technologies to:

  1. Improve the user experience on our Website and Services;
  2. Store the authorization token that users receive when they login to the private areas of our Website. This token is specific to a user's login session and requires a valid username and password to obtain. It is required to access the user's profile information, subscriptions, and analytics;
  3. Track anonymous site usage; and
  4. Permit connectivity with social media networks to permit content sharing.

There are different types of cookies and other technologies used our Website, notably:

  • "Session cookies" - These cookies only last as long as your online session, and disappear from your computer or device when you close your browser (like Internet Explorer, Google Chrome or Safari).
  • "Persistent cookies" - These cookies stay on your computer or device after your browser has been closed and last for a time specified in the cookie. We use persistent cookies when we need to know who you are for more than one browsing session. For example, we use them to remember your preferences for the next time you visit.
  • "Web Beacons/Pixels" - Some of our web pages and emails may also contain small electronic images known as web beacons, clear GIFs or single-pixel GIFs. These images are placed on a web page or email and typically work in conjunction with cookies to collect data. We use these images to identify our users and user behavior, such as counting the number of users who have visited a web page or acted upon one of our email digests.

JD Supra Cookies. We place our own cookies on your computer to track certain information about you while you are using our Website and Services. For example, we place a session cookie on your computer each time you visit our Website. We use these cookies to allow you to log-in to your subscriber account. In addition, through these cookies we are able to collect information about how you use the Website, including what browser you may be using, your IP address, and the URL address you came from upon visiting our Website and the URL you next visit (even if those URLs are not on our Website). We also utilize email web beacons to monitor whether our emails are being delivered and read. We also use these tools to help deliver reader analytics to our authors to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

Analytics/Performance Cookies. JD Supra also uses the following analytic tools to help us analyze the performance of our Website and Services as well as how visitors use our Website and Services:

  • HubSpot - For more information about HubSpot cookies, please visit
  • New Relic - For more information on New Relic cookies, please visit
  • Google Analytics - For more information on Google Analytics cookies, visit To opt-out of being tracked by Google Analytics across all websites visit This will allow you to download and install a Google Analytics cookie-free web browser.

Facebook, Twitter and other Social Network Cookies. Our content pages allow you to share content appearing on our Website and Services to your social media accounts through the "Like," "Tweet," or similar buttons displayed on such pages. To accomplish this Service, we embed code that such third party social networks provide and that we do not control. These buttons know that you are logged in to your social network account and therefore such social networks could also know that you are viewing the JD Supra Website.

Controlling and Deleting Cookies

If you would like to change how a browser uses cookies, including blocking or deleting cookies from the JD Supra Website and Services you can do so by changing the settings in your web browser. To control cookies, most browsers allow you to either accept or reject all cookies, only accept certain types of cookies, or prompt you every time a site wishes to save a cookie. It's also easy to delete cookies that are already saved on your device by a browser.

The processes for controlling and deleting cookies vary depending on which browser you use. To find out how to do so with a particular browser, you can use your browser's "Help" function or alternatively, you can visit which explains, step-by-step, how to control and delete cookies in most browsers.

Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at:

- hide

This website uses cookies to improve user experience, track anonymous site usage, store authorization tokens and permit sharing on social media networks. By continuing to browse this website you accept the use of cookies. Click here to read more about how we use cookies.