The U.S. Department of Labor recently announced a proposed rule that would change the minimum salary threshold for exemption for the so-called “white collar” exemptions – the administrative, executive, and professional exemptions. The federal Fair Labor Standards Act (“FLSA”) requires that employees receive minimum wage and overtime (calculated at one-and-a-half times the regular rate of […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
The recent Supreme Court decision in Janus v. AFSCME struck down a government union’s right to collect agency fees (usually three quarters of the normal union dues) from government employees who do not belong to the union. The Janus holding could foreshadow a similar shift in a private union’s ability to collect agency fees from non-members in […]
Recently, the U.S. Supreme Court ruled that government workers who choose not to join a union cannot be charged for the cost of collective bargaining and related activities. In a 5-to-4 decision, a majority of the Court noted in Janus v. AFSCME, Council 31, that “agency fees” violate, “the free speech rights of nonmembers by compelling them to subsidize private speech on […]
