Rojgar Job News

On Tuesday, May 23rd, the Connecticut House of Representatives overwhelmingly passed a measure that would greatly expand the already broad anti-discrimination provision that exist under Connecticut law.  The bill, House Bill 6668, would make several substantive changes to the protections including defining what is a “reasonable accommodation” instead of leaving that determination open. I’ve previously written extensively about the state laws covering pregnant employees before (here and here for example) so I encourage you to familiarize yourself with the current law so you can fully understand the contemplated change. But I’ll try to break it down here. Existing law makes it a discriminatory practice to: To terminate a woman’s employment because of her pregnancy; to refuse to grant to that employee a reasonable leave of absence for disability resulting from her pregnancy; to deny to that employee, who is disabled as a result of pregnancy, any compensat...

The Connecticut Appellate Court today released an important disability discrimination decision that gives employers some support for employees who struggle with employees who ask for “accommodations” for an indefinite leave for a medical condition. The case ostensibly addresses the request for “indefinite leave” which I’ve previously talked about it in prior posts. But the case boils down to a familiar set of facts for employers. An employee who one day says, “I need to take 30 days off for a medical condition” and leaves the employer to twist without further response. As explained by the court: The plaintiff informed the defendant that she would be taking a leave of absence, did not provide the defendant with any time frame for her return, and did not respond to the defendant’s subsequent attempts to contact her regarding her request for leave. The plaintiff effectively asked the defendant ‘‘to hold [her] position op...

Update August 16th: Late yesterday, I received further confirmation that the provisions regarding FMLA were withdrawn entirely from the proposed Democrat-led budget bill. Moreover, the General Assembly early this morning voted on a Republican version of the budget implementer, which now goes on to Governor Malloy (who has indicated he will veto the bill). That version did not contain language on the FMLA changes either. So for now, employers can stand down. However, employers should continue to track the changes both this year and next. FMLA changes may make a return at some point.    Update at 2:06 p.m.: Since publishing this article, I’ve now heard from three people who work at or with the legislature that while they can’t find fault with my analysis of the proposed legislation as described below, the section on FMLA was intended to address a separate issue.   As a result, it appears that the section on CTFMLA changes discussed below may be withdrawn this...

Lawyers love their cocktail chatter. And at a recent bar event, an interesting hypothetical came up among lawyers: Suppose an employee is trying to get pregnant and is thinking about infertility treatments.  She’s considering time off for rest, and perhaps even for some in vitro fertilization (IVF) appointments. Perhaps even the doctor has said that the employee needs “light duty” work during certain days.   Maybe things are a little more hazy; suppose the employee just says that they are undergoing infertility treatment and needs some time off. Is the employer obligated to provide such an accommodation? The answers aren’t entirely clear. Let’s go through some of the laws that may be implicated: FMLA – As Jeff Nowak discussed in a 2015 post on the subject in his excellent FMLA Insights blog, the FMLA regulations do not “specifically address” IVF and thus it’s an open question whether the FMLA would apply. One court tha...

Late Friday, the House passed the Paid Family and Medical Leave Act bill that passed the Senate earlier in May.  Governor Lamont has indicated that he will sign the measure. As such, big changes are coming, though some of the biggest changes are are still a few years off. You can review the bill here; and you can review the bill analysis here.   A good portion of the (very long) bill concerns the set up and running of a new family leave insurance program that will provide wage replacement for employees who take leave.   I’m not going to recap that. Similarly, there’s a lot on the benefit programs that can be established by employers and the state.  Generally, employees who take FMLA leave will get some type of wage replacement for up to 12 weeks (with two additional weeks of benefits for a serious health condition that results in incapacitation during pregnancy.)  Employers can also provide benefits through a private plan, which must p...

The laws regarding the protections owed to pregnant employees got far broader a few years back. In fact, the statutory provision prohibiting discrimination against pregnant employees has  eleven key items. Rather than tackle them in separate posts, we’ll “super-size” this post to cover it all. The main law is set forth at Conn. Gen. Stat. Sec. 46a-60(b)(7), though it is to be read in conjunction with the state’s broad anti-discrimination laws. The key prohibitions state that it shall be a “discriminatory employment practice” for an employer (or the employer’s agent): (A) To terminate a woman’s employment because of her pregnancy; (B) to refuse to grant to that employee a reasonable leave of absence for disability resulting from her pregnancy; (C) to deny to that employee, who is disabled as a result of pregnancy, any compensation to which she is entitled as a result of the accumulation of disability or leave benefits accrued pur...

Unlimited paid time off (“PTO”) is one of the new “it” workplace policies.  Adopted as both a means to attract and retain employees as well as to avoid having to coordinating and track specific grants of paid PTO or vacation– a task which can be arduous, particularly for smaller businesses – some employers have done away with traditional accrual-based PTO and vacation policies and instead offer employees the opportunity to take as much PTO as they wish.  Under these policies, employees can technically take as many paid days off as they choose, for any reason, including vacation, sickness, or personal reasons.  Some may think this makes great sense, and others may think it is crazy.  To a certain extent, these policies are a bit of both.  Before deciding to implement an unlimited PTO policy, it is important that employers consider the potential benefits and drawbacks of such a policy and have a clear plan for implementation. Be...

July 1 Minimum Wage Increases A number of jurisdictions will see a minimum wage increase effective July 1, 2019 ; please find our updated minimum wage chart here.  In addition to those listed, Nevada just (on June 12, 2019) passed a law to raise the minimum wage to $12/hour by 2024 . Maine Earned Paid Leave On May 28, 2019, Maine became the first state to pass a universal paid leave law (meaning the leave can be used for any reason, not just illness or family-related reasons).  The law applies to employers with 11 or more employees.  Under the law, employees earn one hour of paid leave for every 40 hours worked, and can earn up to 40 hours of paid leave per year.  While accrual begins upon hire, employers may prohibit use of accrued paid leave until after the employee has been employed for at least 120 days.  Except where an emergency, illness or other sudden necessity for taking the leave prevents it, employees must give reasonable notice of their intent to use...

From July 1, 2017 until last Friday night (June 28, 2019), the city of Minneapolis had a paid sick leave law that, per the city’s own rules and FAQs, only applied to employers with a physical location in the city of Minneapolis. As we previously reported, the city had been taking public comment on whether to revise the interpretive guidance on its paid sick leave law in light of a recent court ruling. The city was considering whether it should change its rules and FAQs to require employers without a physical location in the city to also provide paid sick leave. Thus, it is not particularly surprising that the city has made the decision to change its interpretive guidance and expand the law to cover all employers, regardless of whether they have a location in the city. What is surprising, however, is that the city has decided: (1) to give employers less than three days to comply with this change; AND (2) that those employers have to provide sick leave retroactively . Thus, by Wedn...

The United States Department of Labor’s (“DOL”) Wage and Hour Division issued two opinion letters on September 10, 2019, addressing certain aspects of the federal Family and Medical Leave Act (“FMLA”) and Fair Labor Standards Act (“FLSA”). DOL opinion letters are not binding law, but provide guidance into how the DOL interprets the laws that it enforces. Below is a brief summary of the guidance provided in these recent letters. One of these letters indicated that employers may not delay the designation of FMLA leave even if the employer is subject to a Collective Bargaining Agreement (“CBA”) that provides for such an option. This letter responded to an inquiry by a government employer who reported that it was subject to a CBA that provides job-protected, paid leave for employees to use for certain family and medical reasons. The CBA also provides that employees continue to accrue seniority while using such paid leave. The employ...

You can’t escape the panic spreading through mass and social media regarding the 2020 Wuhan Novel Coronavirus, a virus that has resulted in fatalities in China and infected thousands worldwide. Symptoms mimic that of influenza (fever, cough), but can include difficulty breathing, pneumonia, kidney failure, and death in severe cases. Despite the panic, there are only a handful of confirmed cases in the U.S., but this has done little to quell paranoia. With fear of the bug’s spread, many employers are bracing themselves the possibility of employee absences, either due to illness or fear of contagion in congested workplaces. Employers and human resources professionals can immunize themselves against some risk by implementing steps in advance. Familiarize yourself with state and local paid sick leave laws. Many U.S. states and municipalities now require that employers provide paid time off to employees to address their own illnesses or that of their family members. If you have...

Although the coronavirus disease 2019 (COVID-19), commonly referred to as the “coronavirus,” remains a developing situation, it has begun affecting the US in major ways.  With cases now reported throughout the US, every organization should have a plan of action in place concerning the coronavirus.  Although every business faces unique considerations, a cross-disciplinary team of Squire Patton Boggs attorneys have collaborated to prepare guidance – available here – for organizations to consider when addressing coronavirus-related employment, customer service, and other issues.

On March 18, 2020, the U.S. Senate approved a bipartisan bill aimed at addressing the coronavirus. After rejecting two attempted amendments to the House bill, the “Families First Coronavirus Response Act” passed the Senate by a vote of 90-8. As we reported on March 17, the comprehensive emergency measure expands nutrition and food assistance, unemployment insurance benefits, and protections for workers exposed to risks by the pandemic. President Trump signed the Act the same day (March 18). Employers are advised that they have fifteen (15) days until the Act’s Effective Date – that is, until April 2, 2020 – to prepare for these changes. For full coverage of the Act’s provisions, click here. As a summary of the key provision most notable for employers, the law includes provisions requiring paid sick leave and family leave for certain individuals impacted by the COVID-19 pandemic, including the following provisions. A temporary, emergency expansion to t...

On March 18, 2020, the U.S. Senate approved a bipartisan bill aimed at addressing the coronavirus. After rejecting two attempted amendments to the House bill, the “Families First Coronavirus Response Act” passed the Senate by a vote of 90-8. As we reported on March 17, the comprehensive emergency measure expands nutrition and food assistance, unemployment insurance benefits, and protections for workers exposed to risks by the pandemic. Most notably for employers, HR 6201 included provisions requiring paid sick leave and family leave for certain individuals impacted by the COVID-19 pandemic, including the following provisions. A temporary, emergency expansion to the federal Family and Medical Leave Act (FMLA). Coverage From the effective date of the act (once signed by the President) through December 31, 2020, “eligible employees” will be entitled to take FMLA leave “because of a qualifying need related to a public health emergency.” Unlike under the e...

On Saturday, March 14, 2020, the US House of Representatives passed a version of HR 6201, referred to as the “Families First Coronavirus Response Act (Act).” The comprehensive emergency measure expanded nutrition and food assistance, unemployment insurance benefits, and protections for workers exposed to risks by the pandemic. Most notably for employers, HR 6201 included provisions requiring paid sick leave and family leave for certain individuals impacted by the COVID-19 pandemic. Before the bill reached the Senate, Rep. Louie Gohmert (R-TX) insisted upon certain technical corrections to the bill. The House reconvened on Monday, March 16, 2020 to address these issues. Although the House rolled back many of the sweeping employee protections initially included in HR 6201, Representatives preserved certain significant employee protections described below. Before reviewing the below, it is important to note that the Act may (and will likely) change before it is presented to the...