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Total Articles: 10

This and That: Joint Employer Standards and Class Action Tolling

Last week, the NLRB announced that it would be issuing proposed rulemaking on joint employer standards this summer.

Connecticut Bans Inquiries into Applicants’ Wage and Salary History

Connecticut is the latest state to prohibit employers from asking prospective employees about past compensation. Effective January 1, 2019, employers may not ask (directly or through a third party) about a prospective employee’s wage and salary history unless the prospective employee volunteers the information.

Connecticut's New Pay Equity Bill Prohibits Questions Regarding Prospective Employees' Wage and Salary History

Connecticut Governor Dannel P. Malloy signed Public Act No. 18-8, “An Act Concerning Pay Equity,” into law on May 22, 2018, making Connecticut the sixth state to prohibit employers from asking applicants about salary history. California, Delaware, Massachusetts, Oregon and Vermont had previously adopted similar bans. The new Connecticut law will permit applicants to file lawsuits for damages and other remedies.

Are You Big Brother? You Are If You Use Electronic Monitoring!

In Connecticut, if you are an employer and engage in electronic monitoring you must post a notice to employees of the monitoring. But, what is electronic monitoring?

Your Employee Got A Jury Summons! What Must Connecticut Employers Do?

When an employee receives a jury summons in the mail, the employer too has obligations. While the employee’s absence during jury service may be inconvenient, employers are prohibited from dismissing, threatening, or coercing employees who are summoned for jury service. Employers should not even suggest the employee should try to avoid this call to duty.

Connecticut Supreme Court: Health Care Providers Can Be Sued for Unauthorized Disclosures of Confidential Information

Physician practices and other health care providers respond to numerous requests for confidential patient information from patients and others. Mistakes made by employees fulfilling such requests for medical records or making similar disclosures can expose the practice to civil litigation.

What’s New in Connecticut? 3 Laws to Take Effect on October 1

The turning of the calendar to October in Connecticut means more than just leaf peeping and apple picking. For employers, October 1, 2017, is the date that several new laws impacting employers will go into effect. This year’s fall batch includes additional protections for pregnant employees, a new notice process for workers’ compensation claims, and clarification of the eligibility of certain professional drivers for unemployment benefits.

Connecticut Supreme Court Upholds Fluctuating Workweek Method . . . but Not for Retail Employees

The Connecticut Supreme Court’s holding in Williams v. General Nutrition Centers, Inc., No. SC 19829 (August 17, 2017) is a mixed bag for Connecticut employers. While the court held that Connecticut law does not generally prohibit an employer’s use of the fluctuating workweek method to calculate a nonexempt employee’s hourly overtime rate, it also held that a Connecticut Department of Labor wage order does prohibit its use in connection with mercantile employees, which includes retail employees.

Connecticut Wage Regulations Bar Fluctuating Workweek Method in Calculating Overtime Pay for Retail Workers

State wage regulations promulgated by the Connecticut Department of Labor prohibit use of the “fluctuating work week” method of calculating overtime pay for mercantile (retail) employees, the Connecticut Supreme Court has held. Williams v. General Nutrition Centers, Inc., 326 Conn. 651 (Conn. 2017). The Court was responding to a certified question from the U.S. District Court for the District of Connecticut.

No Fluctuating Workweek for Retail Employees Paid by Commission, Connecticut Supreme Court Rules

Employers in Connecticut may not use the "fluctuating workweek" method of calculating overtime for retail employees who are paid a commission as part of their earnings, for delivery drivers or for sales merchandisers.