Refusing to hire a medical marijuana user because she tested positive on a pre-employment drug test violates Connecticut’s medical marijuana law, a federal court in Connecticut has held, granting summary judgment to the job applicant on her employment discrimination claim. Noffsinger v. SSC Niantic Operating Co., LLC, d/b/a Bride Brook Nursing & Rehab. Ctr., No. 3:16-cv-01938, 2018 U.S. Dist. LEXIS 150453 (D. Conn. Sept. 5, 2018).
Articles about Connecticut Labor and Employment Law.
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.
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.
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.
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.
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 Supreme Court Holds Restaurant-Employer May Not Use ‘Tip Credit’ for Delivery Drivers
Finding the Connecticut Department of Labor regulations on tip credit are “not incompatible” with the state tip credit law, the Connecticut Supreme Court has ruled that an employer’s pizza delivery drivers are not subject to a tip credit. Amaral Brothers, Inc. v. Department of Labor, No. SC 19622 (Apr. 4, 2017).
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.
The State of Connecticut “Bans the Box”
Executive Summary: Effective January 1, 2017, Connecticut becomes the latest state to join the “Ban the Box” movement. Pursuant to Public Act No. 16-83, “An Act Concerning Fair Chance Employment,” and Conn. Gen. Stat. § 31-51i, as of January 1, 2017, it is illegal for private and public sector employers with one or more employees to request information about an applicant’s prior arrests, criminal charges or convictions on an initial employment application.
Connecticut Public Policy Did Not Mandate Termination of Pot-Smoking Public Maintenance Worker
According to Connecticut’s highest court, the public policy of the state did not require the termination of a state employee who was caught smoking marijuana during work hours. State of Connecticut v. Connecticut Employees Union Independent, (SC 19590) August 19, 2016 (official release date August 30, 2016). Gregory Linhoff, a skilled maintenance worker at the University of Connecticut Health Center, was terminated after a police officer observed him smoking marijuana from a glass pipe in a state van with the door open.
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
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