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Overtime Rules Still On Track — Are You Ready?

USDOL Headquarters in DC Over the last few weeks, there’s been a lot of bluster about lawsuits filed that are challenging the new overtime rules that are set to take place in just a few weeks. And there was also news that Congress was considering a law restricting the law as well. Both seem unlikely to come to pass and employers that have been postponing action in the hopes of a “white knight” on the issue should think twice. I covered the new rules in several prior posts (here and here, for example). But as a reminder, the rule becomes effective December 1, 2016. Note that December 1 is a Thursday, so employers will have to make sure that the entire pay period is compliant with the new rule. So, that leaves you with precious few weeks to get into compliance.  There are a number of different approaches to take and its definitely not a one-size-fits-all type of law. One suggestion though is to have your trusted attorney or HR consultant take a look at any questions...

State Updates Safe Workplace Rules Yet Again — Modifying New Mask Rule

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...

State Makes Masks Mandatory in the Workplace, Including Retail Stores

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 ...

Outdoor Recreation Sector (including Mini-golf) Added to Business Reopening

Let the mini-golf begin. As I noted in an earlier post, Executive Order 7PP allows for outdoor recreation businesses to reopen subject to rules that were to be promulgated by the DECD. Those rules have now been released and overall, they’re pretty consistent with the rules we’ve seen for offices, outdoor museums/zoos, and outdoor dining at restaurants. You can download the rules here. Importantly, the DECD has finally defined what is “outdoor recreation”.  It includes, for example, 1 on 1 training outside, so long as social distancing is maintained.  (Classes are not yet allowed.) Beyond that, here’s the list of other outdoor recreational businesses that are allowed to reopen on May 20th: Equestrian (subject to Dept. of Agriculture guidance) Mountain Biking Camping Boat Tours (subject to 5 passengers) Charter Fishing (subject to 5 passengers) Sport Fishing Go Kart Racing (bring your own, no rentals) Golf Driving Ranges Tennis 1:1 Training, outdoor...

Five Things Employers Should Consider Before Reopening

If you told me in January that I’d spend a week in May: Holding a surprise car parade (“What’s a car parade?”, I’d be asking) for my wife’s birthday; Sitting 10 feet apart outside in a cul-de-sac with a friend sharing stories; Wearing a Hartford Whalers mask when walking outside; Receiving online grocery deliveries (and wiping off the groceries upon arrival); Having a law school class reunion on Zoom (“What is Zoom?”), and, Doing all my work at home (with multiple video calls a week!); I’d have said that you have quite a colorful imagination. And yet here we are. Despite the madness of the last two months, the fact remains that we are all pretty resiliant in way or the other. We adapt. Things that were completely foreign to us only two months ago, are now seemingly a way of life.  Most of us are doing what we need to do to survive and stay safe. For employers, this week presents a new challenge — adapting to the new rules ...