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…

On April 25, 2018, a Connecticut state court judge issued a decision giving a more expansive definition to the term “discipline” as it is used in Connecticut General Statutes § 31-51q (“Section 31-51q”). In doing so, the Court departed from the majority of previous state court decisions addressing this issue.

Section 31-51q prohibits an employer…

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…

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…

Working understaffed is never easy for managers or the rest of the work force. The concern about getting the work done creates pressures on everyone. When an employee seeks an accommodation under the ADA, many questions arise. A recent case demonstrated what can happen when not working with the requesting employee.

A utility company staff…

Dan Schwartz will join follow employment and HR bloggers John Hyman (Ohio Employer’s Law Blog), Eric Meyer (The Employer Handbook Blog), Jeff Nowak (FMLA Insights), Robin Shea (Employment & Labor Insider), and Suzanne Lucas (Evil HR Lady) for a one-hour recap of 2017 employment law and HR compliance news. Presenters will also provide practical tips to help employers prepare the workplace for 2018.…

There’s an old(?) Bonnie Raitt song that my parents used to listen to when I was in college called “Let’s Give Them Something to Talk About.”  It’s about a crush, but the intro could be just as applicable to a new court decision. The lyrics start: “People are talkin’, talkin’ ’bout people, I hear them whisper, you won’t believe it.”