Connecticut Court Restricts Customer and Vendor Information in April Fool's Day Joke Gone Wrong
On April 25, 2012, a Connecticut federal district court resolved an unfair competition discovery dispute concerning an alleged April Fool’s Day website post and bulk e-mail that the plaintiff claimed decreased attendance at a competitor’s conference. U.S. Magistrate Judge Joan Margolis ruled HR consulting firm SharedExpertise Media, LLC’s motion for an “attorneys’ eyes only” protective order to safeguard the identity of certain customers and prospects should only be granted [pdf] as to “customers, registrants, or e-mail recipients who have not been openly identified through resort to defendant’s websites.”
Connecticut Court Upholds Use of Fluctuating Workweek Method to Pay Salaried Non-Exempt Employees
Connecticut state law, like the federal Fair Labor Standards Act (“FLSA”), requires employers to pay non-exempt employees one-and-one-half times their regular rate of pay for any hours worked in a workweek in excess of 40. A Connecticut Superior Court has held that the fluctuating workweek method (“FWW”) of overtime calculation complies with Connecticut state wage law. See Roach v. Moran Foods, No. HHD-CV-11-6023386-S (Conn. Super. Mar. 16, 2012). The court reasoned that because the Connecticut Legislature identified in the wage law (C.G.S.A. § 31-76(b)(1)) a specific category of employees (i.e., delivery drivers) to which the FWW method may not apply, the intent of the Legislature was to allow the FWW to apply to other employees.
Connecticut Supreme Court Expands Scope of Hostile Work Environment Protections to Include Sexual Orientation
Employers in Connecticut have a duty to protect employees from harassment based on sexual orientation that is just as compelling as their duty to prevent workplace harassment based on race, sex and other protected characteristics. The Connecticut Supreme Court has recently made this clear in Patino v. Birken Manufacturing Company,1 a unanimous decision that affirms a jury award of $94,500 for emotional distress suffered by an employee who was subjected to a hostile work environment because of his sexual orientation.
Connecticut Employers – What Does the New Medical Marijuana Law Mean for You?
Connecticut is poised to become the 17th state to legalize the use of marijuana for medicinal purposes, although all marijuana use remains illegal under federal law. How will it impact the workplace?
Connecticut Employers -- Get Ready for the 680th Hour or Violate the Law
If you're a Connecticut employer subject to the new Paid Sick Leave Law, the time to begin doling out paid sick time is at hand. An eligible employee is entitled to begin using sick time after his or her 680th hour on the job since January 1, 2012. For many full-time employees, the 680th hour will occur around April 30, 2012.
Guidance on Connecticut Paid Sick Leave Law Now Available.
The Connecticut Department of Labor has issued guidance on the new Connecticut Paid Sick Leave Law. The law goes into effect on January 1, 2012. The guidance is available from the Department’s website, at http://www.ctdol.state.ct.us/wgwkstnd/SickLeaveGuidance.pdf. (See our article, What Employers Need to Know about Connecticut’s Paid Sick Leave Law, for more information on the new law.)
Connecticut Employment Law Update
New and revised employment laws from the Connecticut legislature’s latest session will affect all employers in the state. Here are some highlights...:
New Connecticut Law Targets Workplace Violence Risk to Healthcare Employers
As discussed in a recent post on this blog, a number of states have enacted legislation to address the increased violence against healthcare employees. In Connecticut, a new statute requiring healthcare institutions to take a variety of actions to protect employees from workplace violence took effect on October 1, 2011.
Connecticut Limits Use of Background Checks in Employment
A new Connecticut law that took effect on October 1, 2011 (Public Act 11-223) makes it unlawful for most Connecticut employers to require employees or prospective employees to consent to requests for credit reports that contain information about their credit scores, credit account balances, payment history, savings or checking account balances, or account numbers. Connecticut is one of only a few states that have enacted such a law.
Connecticut Adds to Employer Responsibilities
Effective October 1, 2011, Connecticut employers with three or more employees will be prohibited from discriminating against an employee or applicant based on gender identity or expression. Connecticut lawmakers defined “Gender identity or expression†as “a person’s gender-related identity, appearance or behavior, whether or not that gender-related identity, appearance or behavior is different from that traditionally associated with the person’s physiology or assigned sex at birth.â€
