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Welcome,
Spring has finally arrived. Along with the beautiful blooms come potential new employer requirements involving the minimum wage, disclosure of personnel files, non-compete agreements, and employee free speech rights. All are currently being considered by the Connecticut legislature. In addition, newly developed I-9 Forms must now be used by all hiring organizations.
Aside from these changes, the courts have recently provided some guidance on how to handle leave requests under the FMLA, and steps required to preserve punctuality as an essential job function under the ADA. The DOL also issued guidance on FMLA rights related to the care of disabled adult children.
Finally, new studies found that CEO compensation continues to far outpace average employee pay, while union membership continues to decline.
If you would like more information on any of these issues, please let me know.
Enjoy your Spring!
Scott
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| It's Good to Be King |
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According to the AFL-CIO, chief executives of the nation's largest companies earned an average of $12.3 million in total pay last year, or 355 times more than the $34,645 earned by the typical American worker. In contrast, Richard Trumka, President of the AFL-CIO, made $302,000 in total compensation, or 8.7 times the average worker. The discrepancy in pay between CEOs and average workers has skyrocketed over the years. In 1980, CEO pay was only 42 times that of the average worker. While the 2012 figure is significant, it is actually lower than the peak year of 2000 when CEOs earned 525 times the amount paid to those working for them. Read More
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| Caring for Disabled Adult Children under the FMLA |
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The U.S. Department of Labor recently provided guidance on when employees may take federal FMLA leave to care for an adult child who is incapable of self-care because of a disability. The FMLA entitles an eligible employee to take up to 12 workweeks of unpaid, job-protected leave during a 12-month period to care for a son or daughter with a serious health condition. The FMLA defines a "son or daughter" as a "biological, adopted, or foster child, a stepchild, a legal ward, or a child of a person standing in loco parentis, who is-(A) under 18 years of age; or (B) 18 years of age or older and incapable of self-care because of a mental or physical disability." Read More
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Preserving Punctuality as an Essential Job Function under the ADA
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In most jobs, arriving to work on time is an essential job function. However, the Second Circuit Court of Appeals, which covers Connecticut, recently held that for purposes of the American's with Disabilities Act (ADA) punctuality is not an essential job function per se. Instead, employers must be able to prove that being on time is an essential function. Further, even where it is shown to be an essential function, employers must provide work schedule flexibility, unless they can prove doing so would create an undue hardship on the organization. Read More
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The Connecticut legislature is currently considering a number of bills that would impact state employers. Among those under consideration are bills that would increase the minimum wage; place a 3 day deadline on employers to provide employees with a copy of their personnel file; provide employees a 10 day period to obtain legal advice before signing a non-compete agreement, and expand legal remedies when a non-compete violates the law; and greatly expand employees' free speech rights regarding workplace issue. Read More
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| FMLA Rights Triggered Once Employer Notified of Need for Leave |
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A recent Connecticut District Court decision highlights the need for employers to affirmatively determine if a request for leave is covered by the FMLA, even if the employee does not specifically request "FMLA leave." McNamara v. Trinity College, 2013 U.S. Dist. LEXIS 6045 (D. Conn. Jan. 15, 2013). The employee worked for Trinity College and requested a leave to care for his wife who was undergoing hip replacement surgery. The employer never informed the employee of his FMLA rights, and did not treat his two week absence as FMLA protected leave. Instead, it issued him a written warning for poor attendance. Read More
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According to the U.S. Bureau of Labor Statistics union membership continued to decline in 2012. Last year 11.3% of wage and salary workers belonged to a union, down from 11.8% in 2011, and 20.1% in 1983. In looking at just the private sector, only 6.6% of workers are unionized. In comparison, some 35.9% of public employees are represented. Read More
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As of May 7, 2013, all employers were required to begin using newly revised I-9 Forms for all new hires, or for employees subject to reverification. The new form, along with applicable instructions, is available here. Form I-9 is used to verify the identity and employment authorization of all individuals hired in the United States. This includes citizens as well as non-citizens. Employers failing to use the new form will be subject to civil penalties. Read More
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