Human Resources (HR) Compliance

At the same time the Legislature made medicinal marijuana legal in Connecticut, it also passed a statute that addressed the use of medicinal marijuana by employees.  That statute, § 21a-408p, provides that:

  • No employer may refuse to hire or may discharge, penalize, or threaten an employee solely on the basis of their palliative use

On June 27, we issued an alert concerning the decision of the United States Supreme Court in Janus v. AFSCME (June 27, 2018). There, the Court held that mandatory agency fees (also sometimes known as service fees) for public employees violate the First Amendment rights of the affected employees. We wish now to follow up…

In a 5-4 decision, the United States Supreme Court today ruled that provisions requiring public employees to pay agency fees violate the First Amendment of the U.S. Constitution. In doing so, the Supreme Court expressly overruled its own 41-year-old precedent.

This closely watched case arose from a challenge by an Illinois public employee to the…

Most times on this blog, we report on developments in courts or in the legislature.

But today’s post focuses on something that didn’t happen — namely a bill that didn’t pass — even though it looked almost certain earlier this week.

Indeed, Senate Bill 132 looked to have momentum.

In this political and legal…

Over the weekend, the General Assembly approved a bill prohibiting employers, including the state and its political subdivisions, from asking, or directing a third-party to ask, about a prospective employee’s wage and salary history.

The measure now moves to the Governor’s office for his signature.

The prohibition does not apply in two situations:

  • if the

In speaking to job applicants, interviewers need to be circumspect in what they say. There are questions that can be asked, and there are questions that can create real headaches, as well as liability. A recent case demonstrates how comments in an interview ended up in federal court litigation.

A University hired a woman to…

On occasion, many businesses provide unpaid internship opportunities. However, it is important to be sure the unpaid internship does not run afoul of the Fair Labor Standards Act, as some companies have learned the hard way that rather than having an unpaid intern they had an “employee” and ended up with wage and hour liability.…

If an employee is an at-will employee, he or she is not entitled to any explanation about the reason for the termination.  Nevertheless, when terminating an employee, most employers sensibly provide the employee with a reason for the termination. In any subsequent litigation, the employer will be required to explain the legitimate, non-discriminatory reasons for…

Please save the date and pre-register for Shipman & Goodwin’s 2018 Labor and Employment Public Sector Spring Seminar on May 4, 2018. Note: This program is intended for Public Sector employers.

Recent trends in the workplace related to claims of harassment, discrimination, and workplace violence, suggest that now more than ever, employers must to be

The Trump administration has already reversed or changed several positions taken by the Department of Labor (DOL) under the Obama administration. That trend continues with the DOL’s announcement of the forthcoming Payroll Audit Independent Determination (PAID) program, which will provide employers with an important opportunity to work with the DOL’s Wage and Hour Division (WHD)…