A Periodic Update on Labor and Employment Law Developments

Spring 2010

• New HIRE Act Provides Significant Employer Savings
• Nursing Mothers Gain Protection
• Employers Held Liable for Contractor’s Discriminatory Acts
• Miami-Dade County Enacts “Wage Theft” Ordinance
• Unpaid Internships Attract DOL Scrutiny
• National Labor Relations Board Becomes More Pro-Union
• Health Care Reform in a Nutshell

Fall 2009

• Employers Must Nail Down Clear Reasons for Termination
• New Connecticut Law Clarifies Medical Continuation Rights Following Termination
• FMLA Expanded Again for Military Servicemember Families
• Making Non-Competes and Other Restrictive Covenants Enforceable
• Stealth Organizing Techniques Improve Union Success
• Genetic Information Law Increases Grounds for Employer Discrimination
• Domestic Violence Victims Gain Greater Protection

Summer 2009

• New Haven Firefighters Win Reverse Discrimination Claim
• Connecticut Shared Work Program
• Connecticut Supreme Court Clarifies Employer Defamation Defense
• U.S. Supreme Court Makes Age Claims More Difficult For Employees
• Recording Conversations Without Adequate Consent Violates Law
• Employers Have Duty to Prevent Sexual Orientation Harassment
• Labor Contract Can Require Arbitration of Discrimination Claims
• Connecticut Amends State FMLA to Mirror Federal Military Caregiver Leave

Spring 2009

• Obama Begins Implementing Pro-Labor Agenda
• Employment Verdicts Rise Dramatically
• Employees Continue to Gain Greater Protections from Retaliation
• Employers Responsible for Added Taxes Stemming from Lump Sum Awards
• Medical Exams for Current Employees Permitted Under Limited Conditions
• Some Bonuses Not Subject to Connecticut Wage Payment Laws
• Employers Face New COBRA Obligations

Fall 2008

• Employees Gain Greater Protections under ADA
• Connecticut Minimum Wage to Rise
• Obama Win Makes EFCA Passage Likely
• Poorly Drafted Employment Documents May Cause Unintended Consequences
• Employers Subject to Suit by Agency Employees
• Florida Civil Rights Act Covers Pregnancy Discrimination
• DOL Issues New FMLA Regulations

Summer 2008

• Employers Must Provide Reasonable Accommodation for Disabled Employees Under Connecticut Law
• Federal Contractors Now Required to Use E-Verify System
• Employers Must Take Initiative to Accommodate Obvious Disabilities
• Connecticut Employers Subject to New Personal Information Protection Requirements
• New EEO-1 Forms Redefine Race and Job Categories
• Florida Employees May Keep Firearms in Vehicles at Work
• Criminal Conviction Upheld for Failure to Pay Wages

Spring 2008

• FMLA Extended to Cover Leaves for Military Servicemember Families
• Overweight Employees Report Size Based Discrimination
• Notice Not Required Before Placing GPS Tracking Devices in Company Vehicles
• Eleventh Circuit Finds Store Managers Eligible for Overtime Pay
• Employee Agreement Required to Recover Draws Paid in Excess of Earned Commissions
• Employee Who Quit Over Increased Health Insurance Deductible Found Eligible for Unemployment Compensation
• Employee Free Choice Act Likely to Become Law if Democrats Win White House

Winter 2008

• Penalties Increased for Misclassifying Employees as Independent Contractors
• Employers Required to Use New I-9 Forms
• Employees Can be Prohibited from Using Company E-Mail Systems for Union Business
• OSHA Issues Final Rule on Employer Paid Personal Protective Equipment
• Dealing with Alcohol Problems
• Applicants Must Prove Genuine Interest in Employment for NLRA Protection
• Unclear Complaint Procedure Dooms Employer Defense in Harassment Case

Fall 2007

• Negative Employment References Receive Greater Protection
• Job Offers May be Rescinded Under At-Will Doctrine
• Fantasy Football Costs Business Over $1 Billion  Per Week in Lost Productivity
• Employee Tattoos and Body Piercings Create Employer Challenges
• Strict Punctuality Policy May Violate ADA
• Terminated Employees Have 180 Days After Termination to File State Discrimination Charges

Summer 2007

• Supreme Court Narrowly Interprets Statute of Limitations in Pay Discrimination Case
• Florida Enacts Domestic Violence Leave Law
• Time Spent Clearing Security Not Compensable
• Non-Union Employees Voicing Group Concerns Protected By NLRA
• Video Resumes Prompt New Legal Questions
• Companies Urged to Stay Ahead of New Union Organizing Strategies
• Employee’s Failure to Accept Reasonable Corrective Action Dooms Sexual Harassment Claim

Spring 2007

• EEOC Increases Focus on Subtle Forms of Discrimination
• Union Organizing Well Funded and More Sophisticated
• Careless Remarks Can Doom Otherwise Lawful Termination
• Immigration Violations Can Result in Substantial Penalties
• Managers and Employers Agree that Benefit Programs Fail to Meet Their Respective Needs
• Non-Union Employers Must Consider National Labor Relations Act When Drafting Policies

Winter 2007

• Prior Employment Counts for FMLA Eligibility
• Jailed Employees Present Unique Challenges
• Employee Negligence Waivers Violate Public Policy
• Injured Employees Do Not Have Unlimited Reinstatement Rights
• Independent Contractor Exculpatory Agreements Are Unenforceable
• Telecommuting Raises Legal Concerns

Fall 2006

• D.C. Circuit Rules IRS May Not Tax Payments Awarded for Emotional Distress
• Production Bonuses May be Pro-rated for Time Spent on FMLA Leave
• CFEPA Claims Must be Filed Within 180 Days of First Having Knowledge of Alleged Discriminatory Conduct
• Electronic Monitoring of Employees Permitted Provided Necessary Precautions are Taken
• Employees Bring RICO Suit to Combat Illegal Immigration
• Employees Increasingly Addicted to Technology

Summer 2006

• U.S. Supreme Court Sets Standard for Retaliatory Conduct Under Title VII
• Second Circuit Provides Guidance on Accommodating Religious Beliefs
• Celebration of Supervisor’s Death Justified Termination
• Employers May Withdraw Offers of Employment Where “At-Will” Rights Clearly Preserved
• Employer Has Duty to Provide Emergency Aid to Employee Falling Ill at Work
• DOL Increases Enforcement of Employer’s Duty to Report Union Payments

Spring 2006

•  Eleventh Circuit Rules Individual Employees Not Liable under Title VII
  
• White Collar Workers Fuel Union Growth
• Third Circuit Recognizes Retaliatory Co-Worker Harassment under Title VII
• U.S. Supreme Court Rejects Eleventh Circuit’s Standard for Evaluating Qualifications in Job Promotion Cases
• Employers Must Exercise Caution When Requesting Medical Exams
• Terminating Employees on Medical Leave May Trigger Emotional Distress Claims

Winter 2006

• Supreme Court Rules Compensable Work Day Includes Time Spent Donning and Doffing Protective Gear
• Eleventh Circuit finds Employees "Regarded As" Disabled Entitled to Reasonable Accommodation
• Employer Has Burden to Justify Denial of Post-FMLA Job Reinstatement
• "English Only" Rules May Trigger Discrimination Claims
• NLRB Finds Confidentiality Policy Violates NLRA
• Personality Test Considered Medical Exam Subject to ADA Requirements

Fall 2005

• New Connecticut Civil Union Law Impacts HR Policies and Benefits
• Medical Exams Permitted Only After All Other Job Contingencies Have Been Satisfied
• Union Escapes Liability for Fatality During Labor Dispute
• Employers Contesting Unemployment Claims Face Tougher Requirements
• A Conversation with James J. Tallaksen, Esq.

Summer 2005

• Supreme Court Expands Grounds for Age Discrimination Claims
• CCHRO Complaints Increase
• Court Rules Waiver Agreement Must Be Clear to Be Binding
• Off Duty Tobacco Use Protected in Connecticut
• AFL-CIO Celebrates Its 50th Anniversary