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State Employment Law Articles
Article Index » connecticut: 10 Most Recent Articles Report Link New Connecticut Law Requires Retail Establishments to Offer Employee Restrooms to Customers with Medical Conditions.Littler Mendelson, P.C. - July 01, 2009 Effective October 1, 2009, retail establishments in Connecticut will be required to allow customers with eligible medical conditions access to employee-only restrooms, provided certain conditions are met. For purposes of the Act, a customer is broadly defined as "an individual who is lawfully on the premises of a retail establishment." A retail establishment includes any business that is open to the general public for the purpose of selling goods or services, and a restroom is any room that includes a toilet. Report Link Connecticut Supreme Court Limits Employer's Qualified Privilege in Defamation Actions.Jackson Lewis LLP - May 22, 2009 Affirming a judgment in favor of an employee, the Connecticut Supreme Court unanimously held that an employer may lose its qualified privilege in a defamation case over intra-corporate communications about an employee’s firing upon a showing of either actual malice or malice in fact. Report Link Connecticut Supreme Court Upholds Criminal Conviction for Failure to Pay Wages, Despite Employees' Agreement to Defer Payment.Littler Mendelson, P.C. - July 21, 2008 In another rare decision on compensation issues, the Connecticut Supreme Court upheld the criminal conviction of an employer who failed to pay wages. In State v. Lynch, 287 Conn. 464 (2008), the court held that an employee's agreement to defer the accrual of wages, until the employer can afford to pay them, does not absolve the employer from criminal liability for wages that are already past due at the time of the agreement. Report Link Connecticut Employer Obligations Under New Statute Governing Social Security Numbers Confidentiality.Jackson Lewis LLP - June 26, 2008 Employers in Connecticut soon will have additional obligations to protect personal information and social security numbers in their possession. According to “An Act Concerning the Confidentiality of Social Security Numbers” (Public Act No. 08-167), effective October 1, 2008, employers must safeguard the personal information of another person in its possession from misuse by a third party and “destroy, erase, or make unreadable” personal information on computer files and documents prior to the disposal of such files. Report Link Connecticut Becomes Only the Second State to Mandate an Employee Data Protection Policy.Littler Mendelson, P.C. - June 24, 2008 With the State of Connecticut reeling from a series of massive security breaches that have exposed the personal information of hundreds of thousands of state residents, Connecticut's Governor and General Assembly joined forces in mid-June to make Connecticut only the second state (after Michigan) to mandate that private employers publish a policy on the protection of employee Social Security numbers (SSNs). The new Connecticut law — entitled, "An Act Concerning the Confidentiality of Social Security Numbers" (the "Act"), and effective October 1, 2008 — also imposes on private employers a statutory duty to safeguard, and properly dispose of, personal information more broadly defined. Report Link Connecticut Employees Can Keep Unearned Commissions Unless Employment Agreement Expressly Requires Repayment of Advances.Littler Mendelson, P.C. - May 07, 2008 In a rare decision on compensation issues, the Connecticut Supreme Court has decided that an employee was not required to repay advances of unearned commissions because his employment agreement did not expressly require such repayment. In Ravetto v. Triton Thalassic Technologies, Inc., 285 Conn. 716 (2008), the court held that merely using the word "advance" or "draw" in an employment agreement is not sufficient to require an employee to repay advances on commissions that the employee failed to earn. Report Link Connecticut Employers Must Make Reasonable Accommodations for Employees with Disabilities.Jackson Lewis LLP - April 28, 2008 In a case of first impression, the Connecticut Supreme Court has held that Connecticut employers must make reasonable accommodations for employees with disabilities, even though the Connecticut Human Rights and Opportunities Act does not explicitly impose such a duty. Curry v. Allan S. Goodman, Inc., No. SC 18025 (Conn. Apr. 15, 2008). The Court further ruled that, as under the federal Americans with Disabilities Act, employers must engage in an “interactive process” with employees with disabilities to identify potential reasonable accommodations. The federal ADA applies to employers with 15 or more employees and the CHRO Act applies to employers with at least three employees. Thus, this ruling has the effect of newly placing reasonable accommodations and interactive process requirements on Connecticut employers with three to 14 employees. Report Link Breaking The "Culture of Silence".Fisher & Phillips, LLP - December 05, 2007 Connecticut is the latest state to recognize the importance of facilitating honest and open employment references. In an attempt to open the lines of communication concerning former employees, the Connecticut Supreme Court found that employers’ comments are privileged and that workers cannot sue for defamation if their former employer makes untrue statements while trying to provide a good-faith assessment. Report Link Can an At-Will Employee Lawfully be Terminated Before the First Day of Work?Jackson Lewis LLP - August 06, 2007 According to a Connecticut appeals court, an employer can terminate an at-will employment relationship at any time—even before an employee's first day of work. Petitte v. DSL.net, Inc., AC27557 (Conn. Ct. App., July 10, 2007). Though this result may seem harsh to an employee who relies on a job offer to quit his current position and ends up jobless, the court determined that it would be illogical to rule otherwise. Report Link Connecticut Legislature Limits Overtime for Hospital Nurses and Aides.Jackson Lewis LLP - March 24, 2005 Responding to what seems to be the companion issue to nurse staffing restrictions, the Connecticut legislature has addressed the issue of mandatory overtime for nursing staff. As a result, Connecticut hospitals must prepare for new scheduling challenges that will take effect October 1, 2005.
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