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Connecticut employers with employees who work or even who simply reside in Massachusetts must abide by Massachusetts’ onerous new non-compete law.  Under the new law, a provision in a non-compete providing for the application of another state’s (such as Connecticut’s) law is not enforceable if the employee is, and has been, a resident of or employed in Massachusetts for at least 30 days before his or her employment ceases.  The law applies to non-compete agreements entered into…
If employers haven’t done so already, it’s time to revise job applications and interview questions to eliminate inquiries about past pay history for job applicants.  As discussed in a previous post (here), in May 2018, Connecticut became one of a growing number of states to enact legislation aimed at addressing the pay inequality issue by prohibiting employers from inquiring about a prospective employee’s wage and salary history. Although Connecticut had previously enacted pay…
Last week the CHRO released its case data for FY 2018.  Overall, the numbers do not dramatically differ from FY 2017.  However, perhaps not surprisingly given the media coverage of the viral #MeToo movement beginning in October 2017, some notable increases emerged. The increase in the overall number of complaints filed in FY 2018 rose slightly from FY 2017 (up from 2376 to 2484).  While not alarming, in the past we have seen the number…
On October 9, 2018, the United States Supreme Court  denied a Petition for a Writ of Certiorari filed by the parents of a West Hartford student eligible for special education and related services, thus concluding over four years of litigation surrounding the provision of a free appropriate public education (“FAPE”), and letting stand the 2018 decision of the Second Circuit Court of Appeals.  The Petition, originally filed in June 2018, requested  that the Supreme Court …
The flu cost U.S. employers an estimated $21 billion in lost productivity last year.  The 2018-2019 flu season is just beginning.  What should employers do to avoid crippling productivity? One option is requiring each employee to be vaccinated each year against influenza.  This option is very effective at limiting the impact of flu in the workplace, but it can also lead to friction with employees who choose not to be vaccinated.  Employers are generally permitted…
As many Human Resources professionals may recall, last year we saw the first court decision regarding Connecticut’s Palliative Use of Marijuana Act (“PUMA”). The District Court of Connecticut declined to dismiss the case of a plaintiff seeking redress under PUMA, holding that PUMA creates a private cause of action for employment discrimination and, further, that PUMA’s anti-discrimination provision is not preempted by federal law.  With that ruling, the case continued on in litigation and, on…
Employers conducting background checks of applicants or employees must update the Summary of Fair Credit Reporting Act Rights.  The new notice is available at https://www.consumerfinance.gov/about-us/newsroom/bureau-consumer-financial-protection-issues-updated-fcra-model-disclosures/.  The update to the form is primarily related to information about security freezes.  This change is of little importance to employers, but it is important to update the notice given to applicants and employees in order to be in compliance with the law.  If you use a third-party vendor…
The U.S. Department of Labor has issued new FMLA Notice and Certification forms for use by employers subject to federal FMLA requirements.  The DOL is required to update these forms every three years under the Paperwork Reduction Act of 1980. The previous forms expired on May 31, 2018, and had been extended monthly until the new forms were released effective September 1, 2018.  Employers should start using the new forms immediately. Of note, “new” is…
With the use of video surveillance systems fully entrenched in school districts nationwide, school officials have seen an increase in parental requests for access to such videos, particularly as they relate to disciplinary matters, bullying allegations, or allegations of misconduct.  Such requests are governed by the federal Family Educational Rights and Privacy Act (“FERPA”), which establishes privacy protections and parental access rights for education records of students.  On April 19, 2018 the Family Policy Compliance…
If they have not already done so, school districts in Connecticut must take affirmative steps to align their policies and procedures with the State Department of Education’s (CSDE) Standards for Educational Opportunities for Students Who Have Been Expelled.  Originally promulgated in January 2018, the Standards detail the legal requirements for providing Alternative Educational Opportunities (AEOs) to students who have been expelled, and establish guiding principles for the development and implementation of mandatory Individualized Learning Plans…