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Connecticut

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Connecticut - General

Legislative Update on Proposed Labor and Employment Bills Affecting Connecticut Employers

Littler·

As we move deeper into the 2019 legislative season, the Connecticut General Assembly is considering several proposed bills in the state House and Senate that—if enacted—would affect employers in significant ways. With a substantial Democratic majority in both the House and the Senate—and a newly ele

Connecticut - General

Connecticut Employers are Banned from Asking Applicants' Salary History Effective January 1, 2019

FordHarrison·

Executive Summary: As of January 1, 2019, Connecticut employers are prohibited from inquiring about an applicant’s prior salary history. The new law, Public Act No. 18-8, An Act Concerning Pay Equity (the “Act”), is aimed at closing the gender wage gap. Statistics still show that women earn 79 cents

Connecticut - General

Connecticut to Implement Mandatory IRA Program for Private-Sector Employees in 2019

Littler·

The State of Connecticut has announced that in January 2019 it will begin requiring private-sector employers without their own workplace-based retirement plans to enroll employees in Individual Retirement Arrangements (IRAs) sponsored by the state. The requirement stems from legislation enacted in 2

Connecticut - General

Zero-Tolerance Policy Didn't Justify Refusing to Hire Medical Marijuana User in Connecticut

FordHarrison·

A Federal District Court in Connecticut has held an employer liable for discrimination under Connecticut state law for rescinding an offer to an employee who tested positive for use of medical marijuana, even though the employer was a federal contractor applying its zero-tolerance drug-testing polic

Connecticut - General

Connecticut Continues to Extend Protections to Employees under State Medical Marijuana Law, Rejects Federal Preemption Defense

Littler·

A Connecticut federal court has issued another decision in the case of Noffsinger v. SSC Niantic Operating Company LLC, further expanding protections to individuals who are qualified under Connecticut’s Palliative Use of Marijuana Act (PUMA) to use marijuana. In 2017, the same court held that variou

Connecticut - General

Refusing to Hire Medical Marijuana User Violates State Law, Connecticut Court Holds

Jackson Lewis P.C.·

Refusing to hire a medical marijuana user because she tested positive on a pre-employment drug test violates Connecticut’s medical marijuana law, a federal court in Connecticut has held, granting summary judgment to the job applicant on her employment discrimination claim. Noffsinger v. SSC Niantic

Connecticut - General

Connecticut Court Holds That Refusing To Hire Medical Marijuana User Constitutes Employment Discrimination

Jackson Lewis P.C.·

A federal court in Connecticut has held that refusing to hire a medical marijuana user who tested positive on a pre-employment drug test violates the state’s medical marijuana law. The Court granted summary judgment to the applicant on her claim for employment discrimination but declined to award he

Connecticut - Workers' Compensation

Connecticut Supreme Court Rules that Collateral Estoppel Does Not Bar a Statutory Claim Brought Before the Workers' Compensation Commission Despite Prior Arbitration of the Similar Claim

Goldberg Segalla·

The Connecticut Supreme Court is permitting a city worker in New Haven, Connecticut, to pursue a claim for retaliation before the Workers’ Compensation Commission. The city had previously fired the worker on the grounds that the worker had committed workers’ compensation fraud.

Connecticut - General

This and That: Joint Employer Standards and Class Action Tolling

CDF Labor Law LLP·

Last week, the NLRB announced that it would be issuing proposed rulemaking on joint employer standards this summer.

Connecticut - General

Connecticut Bans Inquiries into Applicants’ Wage and Salary History

Jackson Lewis P.C.·

Connecticut is the latest state to prohibit employers from asking prospective employees about past compensation. Effective January 1, 2019, employers may not ask (directly or through a third party) about a prospective employee’s wage and salary history unless the prospective employee volunteers the

Connecticut - General

Connecticut's New Pay Equity Bill Prohibits Questions Regarding Prospective Employees' Wage and Salary History

Littler·

Connecticut Governor Dannel P. Malloy signed Public Act No. 18-8, “An Act Concerning Pay Equity,” into law on May 22, 2018, making Connecticut the sixth state to prohibit employers from asking applicants about salary history. California, Delaware, Massachusetts, Oregon and Vermont had previously ado

Connecticut - General

Connecticut Supreme Court: Health Care Providers Can Be Sued for Unauthorized Disclosures of Confidential Information

Jackson Lewis P.C.·

Physician practices and other health care providers respond to numerous requests for confidential patient information from patients and others. Mistakes made by employees fulfilling such requests for medical records or making similar disclosures can expose the practice to civil litigation.

Connecticut - General

Connecticut Wage Regulations Bar Fluctuating Workweek Method in Calculating Overtime Pay for Retail Workers

Jackson Lewis P.C.·

State wage regulations promulgated by the Connecticut Department of Labor prohibit use of the “fluctuating work week” method of calculating overtime pay for mercantile (retail) employees, the Connecticut Supreme Court has held. Williams v. General Nutrition Centers, Inc., 326 Conn. 651 (Conn. 2017).

Connecticut - General

Connecticut Strengthens Protections for Pregnant Employees

Jackson Lewis P.C.·

Connecticut’s “An Act Concerning Pregnant Women in the Workplace” strengthens considerably the workplace protections for pregnant employees and applies to employers who employ at least three employees. The Act takes effect on October 1, 2017.

Connecticut - General

New Connecticut Law Enhances Protections for Pregnant Employees

Littler·

A new Connecticut law significantly enhances existing anti-discrimination protections for pregnant employees. “An Act Concerning Pregnant Women in the Workplace,” (the “Act”) signed into law by Governor Dannel Malloy on July 6, 2017 and effective October 1, 2017, amends the Connecticut Fair Employme

Connecticut - Wage & Hour

Connecticut Supreme Court Holds Restaurant-Employer May Not Use ‘Tip Credit’ for Delivery Drivers

Jackson Lewis P.C.·

Finding the Connecticut Department of Labor regulations on tip credit are “not incompatible” with the state tip credit law, the Connecticut Supreme Court has ruled that an employer’s pizza delivery drivers are not subject to a tip credit. Amaral Brothers, Inc. v. Department of Labor, No. SC 19622 (A

Connecticut - General

Connecticut ‘Ban the Box’ Law Effective January 1

Jackson Lewis P.C.·

Connecticut is the most recent state in the nation to implement statewide legislation prohibiting employers from making inquiries into an applicant’s criminal history at the onset of the employment process, except under certain circumstances.

Connecticut - General

The State of Connecticut "Bans the Box"

FordHarrison·

Executive Summary: Effective January 1, 2017, Connecticut becomes the latest state to join the “Ban the Box” movement. Pursuant to Public Act No. 16-83, “An Act Concerning Fair Chance Employment,” and Conn. Gen. Stat. § 31-51i, as of January 1, 2017, it is illegal for private and public sector emplo

Connecticut - General

Connecticut Public Policy Did Not Mandate Termination of Pot-Smoking Public Maintenance Worker

Jackson Lewis P.C.·

According to Connecticut’s highest court, the public policy of the state did not require the termination of a state employee who was caught smoking marijuana during work hours. State of Connecticut v. Connecticut Employees Union Independent, (SC 19590) August 19, 2016 (official release date August 3

Connecticut - General

Texas Judge Halts DOL’s Persuader Rule

CDF Labor Law LLP·

Today, a federal judge in the Northern District of Texas issued a preliminary nationwide injunction blocking the Department of Labor's ("DOL") implementation and enforcement of its Persuader Rule, which was scheduled to begin applying to agreements for labor consulting and advice work on July 1, 201