Rojgar Job News

Do you remember your first day at work? I’m not just talking about a new job. I mean your first day EVER at a workplace. For my oldest daughter, today is that day. She starts as an intern at a local manufacturer of “Highly Complex Machined Parts and Precision Cams for Aerospace, Medical and Commercial Applications” to help her focus on aerospace engineering. This internship program started a few years ago from our town’s high school and gives students a chance to see the workplace from the inside, all under the supervision of an internship program. When she came home earlier this week from an “interview” (which I think was more of a guided tour, truth be told), the excitement from her was palpable. “The machines are so….cool!” When asked to explain, she said, well, it was just “cool”.  She had a huge smile and couldn’t wait for today to come.   She loves engineering (we’re starting on college a...

If you ever read the state labor laws (wait, you haven’t?), you sometimes come across provisions that seem like they were written for another generation. And indeed, they were. Take, for example, Conn. Gen. Stat. 31-23.  It prohibits children under the age of 16 from working in the “manufacturing, mechanical, mercantile or theatrical industry”. That seems to make some sense as far as child labor laws are written. Then it goes on. It also prohibits working in a “restaurant or public dining room.” Public Dining Rooms? I was about to write this off entirely as just outdated but there is at least one reference I’ve found in Connecticut to a “public dining room”.  Grasso Tech’s culinary arts program advertises a “public dining room” on Facebook, so perhaps we can give them a break. And then the statute singles out three other businesses to add to the prohibition: any bowling alley, shoe-shining establishmen...

In the last few months, I’ve had some inquiries from employers asking about resources for layoffs. Yawn. Everyone remembers the layoffs of the recession, right? Actually no, as it turns out. In the ten years since the last great round of layoffs, there is a big group of new managers, directors, human resource personnel, lawyers etc that have joined the workforce.  And, as it turns out, they really DON’T remember the layoffs.  Unemployment is low. “Why would I need to worry about a Reduction in Force?” The stock market’s drop yesterday should remind all of us that good times aren’t always going to last. What’s ironic about this is that back in 2008 — when the unemployment rate was skyrocketing — programs about reductions in force were just taking off and I noted the same concerns about whether employers were sufficiently aware of the issues. History may repeat itself. Back then, I highlighted a few items that employers ...

With Independence Day nearly upon us (and with many offices on skeleton crews this week), I thought I would take a very brief look back at a case that has particular relevance to the Grand Old Flag and displays of patriotism in the workplace. If you’ve never read about Cotto v. United Technologies Corp., you should. It’s a long-forgotten Connecticut Supreme Court case from 1999 that is a cornerstone opinion in the area of free speech in the private workplace. The basic facts are as follows: The plaintiff was employed on a full-time basis by the defendant for approximately twelve years. In April 1991, the employer distributed American flags to employees in the plaintiff’s department and it was expected that all employees would display American flags at their workstations. The plaintiff declined to display the American flag and further gave his opinion on the propriety of coercing or exerting pressure on employees to display the American flag. After a suspension, he was ...

It’s been a long while since this blog went into the toilet.  But in this Employment Law Checklist Project, there are two employment laws we need to tackle together that highlight the very specific nature of some laws and how they remain on the books. Yes, I’m talking about the two employment laws that require toilets in two industries. The first of these is Conn. Gen. Stat. Sec. 31-36. It provides that: The commissioner shall have authority by order to that effect to require the proprietor of any foundry in which ten or more persons are employed, situated in a locality where there is such system for the disposal of sewage as to make such order practicable, to provide for the use of such employees a toilet room of such suitable dimensions as said commissioner determines, containing washbowls or sinks connected with running water, with facilities for heating the same, such room to be directly connected with such foundry building, properly heated, ventilated and protected...

The United States Department of Labor today released new regulations that dramatically change the existing rules on when two businesses are “joint employers” under federal wage and hour laws. I’ve previously discussed the changing rules in some prior posts here and here, so you should catch up there first if this is the first time you’re hearing about it. The new rules impact so-called “horizontal” and “vertical” joint employment situations, although the DOL has changed the use of the terminology a bit. In the horizontal situation, as now outlined by the USDOL rule, the employee has an employer but another person simultaneously benefits from that work. The other person is the employee’s joint employer “only if that person is acting directly or indirectly in the interest of the employer in relation to the employee. How do you know? The USDOL has set forth four factors on whether this other person: Hires or fires the employe...

The news late Friday was not unexpected. The Governor is shutting down the offices of non-essential businesses including non-profits. But if I had told you two weeks ago that Connecticut would be issuing an order telling non-essential businesses that their offices would have to close, I’m not sure I would’ve had many believers. And yet, here we are. Executive Order 7H has been something I’ve been trying to get employers to prepare for, particularly in a prior post. Here’s the key text: All businesses and not-for-profit entities in the state shall employ, to the maximum extent possible, any telecommuting or work from home procedures that they can safely employ. Non-essential businesses or not-for-profit entities shall reduce their in-person workforces at any workplace locations by 100% not later than March 23, 2020 at 8:00 p.m. Any essential business or entity providing essential goods, services or functions shall not be subject to these in-person restrictions....

Thursday brought still another busy day of news as increased testing in Connecticut brought a big jump in numbers of confirmed COVID-19 cases.  We’re starting to hear about employers considering furloughing employees instead of simply laying them off. (Though the numbers of layoffs in Connecticut is over 54,000 — since Friday.) In general terms, a furlough that some are considering would involve setting an employee to “zero hours” in schedule and not paying him or her a salary. (There are different types of furloughs, to be fair.) Sort of like an unpaid leave of absence, if you will. But the employee would still be eligible under some health insurance plans to remain on the company plan with the company and employee still contributing the same amounts as during regular employment. This option is attractive to some because of concerns that a loss of job might result in a COVID-19 related illness left uncovered by insurance.  It also avoids the “yo...

Without any fanfare, the Connecticut Department of Labor has recently updated their separation packets, that include the so-called “Pink Slips”. Employers must start using this packet immediately on a going-forward basis. Previously, there was a category of “layoff” but the new form has eliminated that checkbox, and replaced it with “leave of absence”.  This is a welcome change because the “layoff” and “lack of work” always seemed a bit duplicative. There are also still categories for “lack of work” “voluntarily leaving” and “discharge/separation”, along with the catch-all “other” but the “leave of absence” stands out in this pandemic. Employers that are using furloughs should check off the “leave of absence” box. A furlough is, after all, basically a forced unpaid leave of absence by the employer. The employee is eligible for unemployment benefits and...

Let’s face it: Trying to keep up with all the pandemic-related employment rules released by the state only to see them modified again and again, is challenging to say the least. And yet, the Safe Workplace Rules for Essential Employers have been modified yet again Tuesday night by the Department of Economic and Community Development, just two business days after they were already updated to ask masks as a requirement. The modifications don’t just fix a typo, but significantly change what had been put in place over the weekend by reducing the need for employees to wear a mask at all times. Effective immediately, in workplace settings where employees are working alone in segregated spaces (i.e. cubicles with walls, private offices, etc.), employees may remove their masks . But, workers need to wear masks or face coverings “from the time they enter the building until the time they arrive at their cubicle/work station and at any time they are leaving their work station an...

Governor Lamont late Friday issued new Executive Order 7BB, making it mandatory that everyone wear a mask or cloth face-covering in any public place where he or she is unable to maintain a safe social distance of at least six feet. The EO goes into effect on Monday, April 20th at 8 p.m. and also applies to any means of transit, including ride-sharing. The EO also requires DECD to update its safe workplace and safe retail store rules setting forth additional requirements for those settings. Thus, late Friday, DECD issued new workplace rules (here) and new retail store rules (here). Both appear to be effective immediately and run until at least May 20, 2020.  The rules require masks for all employees and customers. Specifically, in the workplace : Each employee shall be required to wear a mask or other cloth material that covers his or her mouth and nose at all times while in the workplace. Employers shall issue such masks or cloth face coverings to their employees. In the event an ...

Updated 10:15a, May 9, 2020 Late Friday afternoon, Governor Lamont announced that Phase I reopenings will occur as soon as May 20, 2020.  These will include “non-essential” offices that had been closed, restaurants, retail stores and hair salons.  Early on Saturday, we also got all the detailed rules that will need to be met to reopen; we’ll have a full update on my firm’s website after a full review . You can download the rules for offices here. The basic outline for the reopening rules are set forth is fairly consistent with the “Safe Workplace” rules for essential workplaces and also my posts on the subject as well. Here’s what you can look for, according to the early details released in the press conference: Offices should be limited to 50 percent capacity Employees should still work from home where possible Meetings are subject to a five person limit Employees should be seated at least six feet apart and employers should leave des...

Today (April 30th) was filled with more news for employers and, for the first time in a while, some of it was hopeful. Governor Ned Lamont gave the broad outline of a plan to reopen the state (as I predicted early this morning) though the plan’s details depend on control of the pandemic. What we do know is that if certain trends continue, some businesses will be allowed to reopen on May 20th including some retail (smaller stores), restaurants (outdoor seating only),, offices (with work from home still recommended), nail and hair salons, and some outdoor areas of museums and zoos. Lamont has indicated that masks will be required for most activities at this first stage.  Which additional businesses will be permitted to open and when is still very much to be decided.  No doubt that day camps and pools will be heavily discussed as numerous parents rely on such camps to watch their kids during the summer months. As of publication, the exact details of the reopening hadn...