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Connecticut Supreme Court Rules that Collateral Estoppel Does Not Bar a Statutory Claim Brought Before the Workers' Compensation Commission Despite Prior Arbitration of the Similar Claim

The Connecticut Supreme Court is permitting a city worker in New Haven, Connecticut, to pursue a claim for retaliation before the Workers’ Compensation Commission. The city had previously fired the worker on the grounds that the worker had committed workers’ compensation fraud.

Are You An Employer In Connecticut? Do You Have 50 Employees? When Is The Last Time You Did Sexual Harassment Training?

Unless you have been living under a rock these last few months, you know sexual harassment claims are on the rise in every industry. We have seen this in all echelons of government, the judiciary, national sporting leagues, entertainment, and the restaurant industry to name a few. One way employers work to combat sexual harassment and create a culture in which such behavior is frowned upon is through training. Very few states require mandatory sexual harassment training. However, in Connecticut, training is mandatory for certain employers.

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.