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.
Articles Discussing General Topics In Connecticut Employment Law.
Connecticut Strengthens Protections for Pregnant Employees
Connecticut’s “An Act Concerning Pregnant Women in the Workplace” strengthens considerably the workplace protections for pregnant employees and applies to employers who employ at least three employees. The Act takes effect on October 1, 2017.
New Connecticut Law Enhances Protections for Pregnant Employees
A new Connecticut law significantly enhances existing anti-discrimination protections for pregnant employees. “An Act Concerning Pregnant Women in the Workplace,” (the “Act”) signed into law by Governor Dannel Malloy on July 6, 2017 and effective October 1, 2017, amends the Connecticut Fair Employment Practices Act (the “CFEPA”) to modify existing protections and add a host of new protections for pregnant employees. The Act also provides broad definitions of the terms “pregnancy,” “reasonable accommodation,” and “undue hardship.”
Connecticut ‘Ban the Box’ Law Effective January 1
Connecticut is the most recent state in the nation to implement statewide legislation prohibiting employers from making inquiries into an applicant’s criminal history at the onset of the employment process, except under certain circumstances.
Texas Judge Halts DOL’s Persuader Rule
Today, a federal judge in the Northern District of Texas issued a preliminary nationwide injunction blocking the Department of Labor’s ("DOL") implementation and enforcement of its Persuader Rule, which was scheduled to begin applying to agreements for labor consulting and advice work on July 1, 2016. (See our prior posts here and here for more information.) The ruling came in a lawsuit filed by the National Federation of Independent Business ("NFIB"), challenging the legality of the Persuader Rule on several grounds. The judge today found that the NFIB had demonstrated a substantial likelihood of prevailing in the lawsuit and that irreparable harm would result if the Rule was not enjoined pending resolution of the lawsuit.
Connecticut Authorizes Use of Payroll Cards to Pay Employees
On June 7, 2016, Connecticut Governor Dannel P. Malloy signed into law a new statute authorizing employers to use payroll cards to pay employees. Previously, the Connecticut Department of Labor’s position was such cards were not authorized under state law and could not be used. Connecticut now joins the majority of states in allowing this payment method.1
Connecticut Joins Ban the Box Movement
Connecticut has joined the “Ban the Box” movement, becoming the most recent state in the nation to implement statewide legislation prohibiting employers from making inquiries into an applicant’s criminal history on job applications, except under certain circumstances.
New Connecticut Statute Restricts Physician Non-Compete Agreements
On June 2, 2016, Connecticut Governor Dannel Malloy signed Public Act 16-95, establishing significant new restrictions on physician non-compete agreements in Connecticut.
New Restrictions on Physician Non-Competes in Connecticut
A new Connecticut law significantly restricts the use of physician non-compete agreements. Public Act No. 16-95 (the “Act”), signed into law by Governor Dannel Malloy on June 2, 2016, limits the allowable duration and geographical scope of any new, amended, or renewed physician non-compete agreement. The law also states that physician non-compete agreements are unenforceable if the employer terminates the physician’s employment or the contractual relationship without cause. The new restrictions are set to take effect on July 1, 2016, so employers with physician non-competes are left with little time to assess the Act’s impact on their operations and to plan for compliance.
Connecticut Becomes the Third Jurisdiction in 2016 to “Ban the Box”
On June 1, 2016, Connecticut Governor Dannel Malloy signed a bill into law that prohibits most employers from requesting criminal history information on an initial employment application. Connecticut’s new “ban-the-box” law follows closely on the heels of similar legislation enacted in Vermont and continues the nationwide ban-the-box trend.1 Indeed, ban-the-box laws have recently been enacted in other jurisdictions, including Austin, Texas; Portland, Oregon; and New York City.2 Connecticut’s ban-the-box law goes into effect on January 1, 2017.
New Damages Standard for Connecticut Wage Claims Weighs Against Employers
A new Connecticut standard provides for the award of double damages and attorney’s fees to employees who prevail on claims under the state’s wage and hour statutes.
Connecticut Addresses E-Cigarettes and Vapor Products, Imposes Signage Requirements on Select Employers
Connecticut has passed a new law regulating electronic nicotine delivery systems and vapor products in various venues, including numerous places of employment. Effective October 1, 2015, Public Act No. 15 206 (the Act) supersedes and preempts any relevant provisions of municipal laws or ordinances regarding the use of these products.
New Procedures at Connecticut Commission on Human Rights and Opportunities
For the second time in five years, the Connecticut Commission on Human Rights and Opportunities (CHRO) will implement significant changes to its procedures for processing discrimination complaints, under Public Acts 15-249 and 15-5. These changes, including the availability of quick dispute resolution, take effect October 1, 2015.
Connecticut State Contractors, Health Insurance Industry Businesses Subject to Enhanced Significant Data Security Mandates
In June, Connecticut’s governor signed into law Senate Bill 949 which amended the State’s breach notification statute. The requirement that covered businesses must provide one year of identity theft protection services for certain breaches, easily the most popular aspect of the legislation, may have diverted attention from some significant aspects of this new law.
New Connecticut Law Requires Businesses Offer Identity Theft Protection Services after a Data Breach
Beginning October 1, 2015, companies that experience a data breach affecting a Connecticut resident must offer that individual free identity-theft prevention services and, if applicable, identity theft mitigation services for at least one year. The breach must include the resident’s name and Social Security number (SSN).