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Connecticut Employees May Refuse Employers’ Political and Religious Messaging

By: Rebecca Goldberg

The General Assembly passed “An Act Protecting Employee Freedom of Speech and Conscience,” allowing employees to refuse to be subjected to political and religious messaging from their employers.  The bill is expected to be signed by Governor Lamont. The legislation provides that employers may not discipline, discharge, or threaten to discipline or discharge any employee […]

Juneteenth to Become State Holiday in Connecticut

By: Rebecca Goldberg

Juneteenth is slated to become a state holiday in Connecticut starting in 2023.  Although prior efforts had failed, the General Assembly recently passed a bill to elevate Juneteenth from a commemorative day to a state holiday.  Support was nearly unanimous, with the bill passing in the House by a vote of 148-1 and in the […]

Singing the FMLA blues!

By: Christopher M. Hodgson, Esq.

Employers trying to enforce attendance policies confront a poker hand of laws that protect the rights of employees to different types of work leave. Indeed, an employee out on leave can be eligible for various types of leave including Workers Compensation, the federal Family and Medical Leave Act (FMLA), Connecticut FMLA, the Americans with Disabilities […]

Pandemic Impacts on the Duty to Bargain Under MERA

By: Christopher R. Henderson, Esq.

The State Board of Labor Relations (SBLR) recently addressed the issue of whether the pandemic and the federal, state, or local mandates imposed as a result of the pandemic dispense with an employer’s duty to bargain over a change in working conditions.  In a case decided on March 3, 2022, the SBLR found that, although […]

Why Non-Union Private Employers Should Be Aware of the National Labor Relations Act

By: Christopher R. Henderson, Esq.

It is a common misunderstanding that the National Labor Relations Act (NLRA) only applies to unionized employers. It doesn’t – and being unaware of that fact can lead to increased liability and substantial costs.  The heart of the NLRA is Section 7, which provides employees “the right to self organization, to form, join, or assist […]

A Cautionary Reminder For Public Sector Employers

By: Christopher R. Henderson, Esq.

At the end of 2021, the State Board of Labor Relations (SBLR) issued a decision that serves as an important and cautionary reminder to take seriously the prohibition against direct dealing and union retaliation.  The Municipal Employee Relations Act (MERA), like many collective bargaining statutes across the country, prohibits an employer from negotiating terms or […]

Bill to Ban Captive Audience Speeches Introduced at General Assembly

By: Floyd J. Dugas, Esq.

Continuing the trend in an already pro-union state, the General Assembly is considering a “captive audience” bill which would outlaw “captive audience” meetings by employers in response to union organizing efforts. For decades, federal and state law has permitted employers to hold mandatory meetings during work hours where they would have an opportunity to explain […]

The End to Mandatory Arbitration for Sexual Misconduct Claims

By: Rebecca Goldberg

In an effort to remove clouds of secrecy that may surround sexual misconduct claims, Congress recently passed the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (“the Act”).  Arbitration is typically a confidential process, while court proceedings are public.  To bring more sexual misconduct claims into public forums, this Act amends the Federal […]

Governor Announces Plan to End Statewide Mask Mandate for Schools and Childcare Centers

By: Rebecca Goldberg

Governor Lamont announced a plan to end the statewide mask mandate for schools and childcare centers in Connecticut effective February 28, 2022.  The plan places the decision whether to require masks in schools and childcare centers with local authorities. With Governor Lamont’s emergency powers set to expire on February 15, 2022, the governor reached an […]

EEOC Issues Updated COVID-19 Technical Guidance

By: Christopher R. Henderson, Esq.

The Equal Employment Opportunity Commission (EEOC) recently released an update to its technical guidance, adding a new section clarifying under what circumstances COVID-19 could be considered a disability under the Americans with Disabilities Act and the Rehabilitation Act, which could then require an employer to provide a “reasonable accommodation” absent undue hardship. The Department of Justice and Department […]