On Sunday March 22, 2020, the Connecticut Department of Economic and Community Development released “legally binding guidance” concerning which businesses are “essential” for purposes of Governor Lamont’s March 20, 2020, Executive Order 7H (directing all businesses and nonprofit entities to utilize, to the maximum extent possible, any telecommuting or work from home procedures that they
Salvatore G. Gangemi is a Partner in the Litigation Department of Murtha Cullina and a member of the Labor and Employment Practice Group. He advises clients with respect to state, federal and local employment laws. In addition, he litigates matters involving misappropriation of trade secrets, restrictive covenants, breach of employment contract, fiduciary duty, and other work-related common law claims. Sal also counsels clients on day-to-day issues involving workplace management and administration, including requests for reasonable accommodation for disabilities, for family and medical leave, and wage and hour issues. He conducts employment law training on a variety of topics, including sexual harassment prevention and wage/ hour compliance. He also drafts employment policies and agreements, and assists clients in auditing worker classification practices and policies both in the context of the Fair Labor Standards Act and state laws governing independent contractor determinations.
On Friday, March 20, Governor Lamont issued an executive order requiring non-essential workers to stay home. All workplaces have been ordered to utilize telecommuting, where possible. Executive Order 7H represents the most drastic step yet in Connecticut’s battle against COVID-19, and followed mere hours after Governor Cuomo announced similar measures in New York. The…
UPDATE: Executive Order 202.8 can be read here. In addition to closing workplaces to non-essential employees, the order:
- Tolls state court litigation deadlines until April 19, 2020
- Suspends Department of Motor Vehicles related deadlines until April 19, 2020
- Tolls shareholder meeting-related deadlines until April 19, 2020
- Tolls residential and commercial eviction enforcement for 90 days
- Abates late fines and penalties related to filings due on or before March 20.
At a press conference this morning, Governor Andrew Cuomo announced a forthcoming executive order placing further restrictions on New Yorkers’ daily life. The order will be effective as of Sunday. Per the New York Times, relevant employment-related provisions include:
On the heels of the federal Families First Coronavirus Response Act signed into law yesterday, New York State has enacted broad legislation extending paid sick leave benefits to employees. The extent of paid sick leave is determined by employer size and revenue, and can be utilized by employees whether they are sick, or absent from work because of a “mandatory or precautionary order of quarantine or isolation” issued by “the state of New York, the department of health, local board of health, or any government entity duly authorized to issue such order due to COVID-19.”
Continue Reading New York State Passes Expanded Sick Leave in Battle Against COVID-19
As people everywhere struggle to adjust to the rapid changes caused by the COVID-19 outbreak, the financial impact on businesses and employees has been a primary concern. Employees are facing reduced work hours and layoffs as businesses scale back or close. At the same time, employees are dealing with the reality of a serious health threat to themselves and family members. The scale of disruption to the normal functioning of businesses and to people’s lives is unprecedented.
Continue Reading “Families First Coronavirus Relief Act” Expands Family and Medical Leave Act and Mandates Paid Sick Leave
On January 6, 2020, Governor Ned Lamont signed bipartisan legislation addressing rates of pay for restaurant workers. The Governor vetoed a previous version of the bill which would have applied retroactively and effectively ended the viability of approximately two dozen pending minimum wage lawsuits. The new law does not apply retroactively, allowing the pending minimum wage suits to proceed.
Continue Reading Governor Lamont Signs Connecticut Restaurant Wage Bill Into Law
Next month, Connecticut legislators from across the political spectrum are set to formally introduce a bill prohibiting employers from inquiring into a job applicant’s age, birthday, or graduation date, unless necessary for a bona fide employment reason. At an announcement on Thursday, January 16, 2020, a wide ranging group of elected officials and other stakeholders heralded the measure as a protection for older workers facing age discrimination in the labor market. Connecticut has the sixth oldest workforce in the country. A similar bill, H.B. No. 6113, passed the Labor Committee last year, but was never presented for a vote in the House.
Continue Reading How Old Are You, Job Seeker? Connecticut Legislators to Introduce Bill Banning the Question
For the first time in sixty years, the U.S Department of Labor is substantively revising the regulation that articulates when two people or businesses are “joint employers” of an employee under the Fair Labor Standards Act (FLSA). The final version of Joint Employer Status under the FLSA will be published this Thursday, January 16, and is effective on March 16, 2020. See 29 CFR Part 791. The unpublished version is available here. The revisions are meant to “reduce uncertainty over joint employer status, promote greater uniformity among court decisions, reduce litigation, and encourage innovation in the economy.” Franchise chains, temp agencies, and businesses that outsource their workforces are among those that will benefit from the revised rule.
Continue Reading U.S. Department of Labor Issues New Joint Employer Rule Applicable to Wage and Hour Violations under the Fair Labor Standards Act
This spring, Westchester County extended statutory employment protections for workers facing sickness, caregiving obligations, domestic violence, or human traffic through passage of the Earned Sick Leave Law (the ESLL) and the Safe Time Leave Law (the STLL). …
Continue Reading Westchester County, New York Enacts Safe Time Leave Law to Complement Earned Sick Leave Law