In a 4-3 decision, the Connecticut Supreme Court adopted the federal Title VII standard for determining who is a “supervisor” under the Connecticut Fair Employment Practice Act (CFEPA). The determination of “supervisor” status is critical under Title VII and the Connecticut Fair Employment Practices Act because an employer is presumptively automatically liable for a hostile
Connecticut
Connecticut Significantly Expands Paid Sick Leave Law
On May 21, 2024, Governor Ned Lamont signed into law new legislation that significantly expands Connecticut’s paid sick leave law to apply to nearly all private employers in the state over the next three years. The law provides for eligible employees to accrue paid sick time beginning upon hire at a rate of one hour…
Practical Impact of the U.S. Department of Labor’s Final Rule on Independent Contractor Classifications for Connecticut, New York and Massachusetts
The U.S. Department of Labor (DOL) has issued a Final Rule on the standards for determining independent contractor status for purposes of minimum wage and overtime pay issues under the Fair Labor Standards Act (FLSA). Although the Final Rule is considered “new,” it is based on the standard that was applied prior to the 2021…
Connecticut Amends Physician Noncompete Law and Adds Coverage for Nurse Practitioners and Physician Assistants
Connecticut’s legislature has amended the state’s physician noncompete law to provide for additional restrictions on physician noncompete agreements. (Public Act No. 23-97). In addition, Connecticut has extended noncompete restrictions to advanced practice registered nurses (nurse practitioners) and physician assistants. Governor Lamont is expected to sign the amendment, but has not yet done so.…
Connecticut Updates Safe Workplace Rules to Require Masks In the Workplace
Effective April 20, 2020 at 8:00 p.m., employees in the workplace are required to wear a face mask or cloth face covering. Governor Lamont issued this directive as part of Executive Order No. 7BB, which also requires individuals in public to “cover their mouth and nose with a mask or cloth face-covering” when a “safe social distance of approximately six feet from every other person” cannot be maintained. Connecticut follows New York’s lead once again, as New York previously implemented a substantively identical order.
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Connecticut Sexual Harassment Training Deadlines Postponed Due to Pandemic
The Connecticut Commission on Human Rights and Opportunities (CHRO) recently extended the deadline for employers to conduct mandatory sexual harassment training by 90 days. The extension applies to employees hired after the October 1, 2019 enactment of Connecticut “Time’s Up Act.” For an employer to avail itself of the extension, it will have to explain exactly how COVID-19 precluded training. Neither cost nor mobility should be hurdles, as the CHRO provides free, remote, online training that satisfies statutory requirements.
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UPDATE: The Connecticut Department of Economic and Community Development Releases Guidance Concerning Essential Businesses
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…
As Coronavirus Spreads, Governor Lamont Shutters Non-Essential Connecticut Workplaces
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…
How Old Are You, Job Seeker? Connecticut Legislators to Introduce Bill Banning the Question
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.
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Supreme Court Deals Blow to Public Sector Unions by Barring Compelled Union Agency Fees
The end of the recent U.S. Supreme Court term brought with it the most consequential labor law ruling in recent memory. On Wednesday, June 27, 2018, the Court held that public sector employees who are represented by a union, but are non-members of the union, cannot be compelled to pay money to cover the union’s cost of representing the non-member. In a major victory for opponents of organized labor, the Court overruled long-standing precedent allowing public sector unions to compel so-called “agency” or “fair share” fees from non-consenting members.
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