Connecticut – Page 2

Second Circuit: Sexual Orientation Discrimination is Prohibited Under Title VII

March 7, 2018/0 Comments/in HR Alerts /by ManagEase

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February 26, 2018

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The Second Circuit Court of Appeals joins the Seventh Circuit in stating that Title VII of the Civil Rights Act of 1964 prohibits sexual orientation discrimination. Historically, the circuit courts have not included sexual orientation as a protected status under sex discrimination, which is prohibited by Title VII, but the Second Circuit acknowledged that the social and legal landscape surrounding LGBT rights have evolved.

February Updates

February 5, 2018/0 Comments/in HR Alerts /by ManagEase

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This Short List addresses the following topics:

REMINDER: Post OSHA 300A Summary
Civil Money Penalties for 2018 Increased
Second Circuit: FLSA Claims are Subject to Arbitration
California: Attorney General Emphasizes Intent to Prosecute Employers Who Help Immigration Sweeps
Connecticut: Pregnancy Discrimination and Accommodation Posting Required
Massachusetts: Supreme Judicial Court Limits Wage Act Liability
New York City, NY: Fair Workweek Deductions Law Put on Ice—For Now

Connecticut: Overtime for a Fluctuating Work Week Schedule is Calculated Based on State Law

October 6, 2017/0 Comments/in HR Alerts /by ManagEase

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August 17, 2017

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In Williams v. General Nutrition Centers, Inc., the Connecticut Supreme Court recently stated that employers must calculate overtime for a fluctuating work week (“FWW”) schedule based on state, rather than federal, overtime rules.

There, GNC followed federal rules and divided the employees’ weekly pay by the actual number of hours the employees worked in that week to determine the employees’ regular rate of pay. However, the court stated that Connecticut requires employers to divide weekly pay by the number of hours the employees usually work each week, rather than actual hours. In following the federal model, the GNC employees would always work over 40 actual hours per week when overtime is involved. Thus, the number of actual hours would be greater than the usual hours worked, and the resulting calculation for the regular rate of pay would always be lower than if the usual hours were used to calculate rates.

Connecticut employers with FWW schedules should review overtime calculation methods to ensure compliance with the recent ruling.

Action Items

Read the text of Connecticut Supreme Court’s opinion here.
Review overtime calculations for compliance with state overtime rules.
Subscribers can call our HR On-Call Hotline at (888) 378-2456 for further assistance.

Disclaimer: This document is designed to provide general information and guidance concerning employment-related issues. It is presented with the understanding that ManagEase is not engaged in rendering any legal opinions. If a legal opinion is needed, please contact the services of your own legal adviser.

Connecticut: Federal Law Does Not Preempt Medical Marijuana Protections for Employees under State Law

September 10, 2017/0 Comments/in HR Alerts /by ManagEase

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August 8, 2017

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In Noffsinger v. SSC Niantic Operating Company LLC, a Connecticut federal district court stated that federal law concerning unlawful marijuana use does not necessarily preempt state-level protections for marijuana users. In this case, Connecticut’s Palliative Use of Marijuana Act (“PUMA”) was found to preempt a handful of federal statutes when applied to the employment context. This decision could have a major impact on employers who currently implement a zero-tolerance substance abuse policy in the workplace.

September Updates

September 10, 2017/0 Comments/in HR Alerts /by ManagEase

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This Short List addresses the following topics:

The Recent Federal Overtime Exemption Rule is Diminishing
NLRB: More Examples of What is or isn’t Protected Concerted Activities on Facebook
EEOC Must Reconsider Wellness Regulations
Seventh Circuit: EEOC May Investigate Despite Right-to-Sue Letter and Issue of Judgment
Arizona, Maryland, Wyoming: Now Part of the E-Verify RIDE Program
Berkeley, CA: Minimum Wage Increase, Paid Sick Leave, and Work Schedule Rules Will Soon Be In Effect
San Diego, CA: Equal Pay Bill for City Contractors and Consultants
Santa Clara, CA: Santa Clara City’s Minimum Wage to Increase in 2018
Connecticut: Anti-Discrimination Protections Expanded for Veterans
Georgia: Amended Law Now Preempts Predictive Scheduling Ordinances
New Jersey: Anti-Discrimination Protections for Military and Veterans Expanded
New York: Guidance on Tax Treatment of PFL Contributions and Benefits now Available
Nevada: Pregnant Workers’ Fairness Act Poster Now Available
North Carolina: Fair Classification Act Emphasizes State Focus on Proper Employee Classification
Texas: Hurricane Harvey Relief for Employees
Washington: New Biometric Information Protection law

Connecticut: Greater Protections for Pregnant Employees

August 3, 2017/0 Comments/in HR Alerts /by ManagEase

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October 1, 2017

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On July 6, 2017, Governor Dannel Malloy signed a new law that significantly increases existing anti-discrimination protections for pregnant workers. “An Act Concerning Pregnant Women in the Workplace” (the “Act”) goes into effect October 1, 2017. The Act amends the Connecticut Fair Employment Practices Act (“CFEPA”) to add new anti-discrimination protections, provide definitions for “pregnancy,” “reasonable accommodation,” and “undue hardship,” and require employers to notify employees of their rights.

Second Circuit: “Black Car” Drivers are Independent Contractors Under the FLSA

May 2, 2017/0 Comments/in HR Alerts /by ManagEase

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April 21, 2017

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A recent Second Circuit case confirmed that New York City “black car” drivers—workers who provide high-end transportation services, e.g., limousines—are independent contractors under the Fair Labor Standards Act (“FLSA”).

May Updates

May 2, 2017/0 Comments/in HR Alerts /by ManagEase

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This HR Alert addresses the following topics:

H-1B Visa Petition Cap Reached; New Program Focuses on Targeting H-1B Fraud
OSHA Delays Effective Date of Final Rule on Beryllium Exposure Again
Updated Pay Transparency Poster for Federal Contractors
California: Wage Orders Have Been Updated and Must be Posted by Employers
Connecticut: Restaurants Cannot Use Tip Credits for Delivery Drivers
North Carolina: Controversial “Bathroom Bill” Repealed, New Bill Introduced
New York: 24-Hour, Non-Residential Home Care Workers Must be Paid for All 24 Hours
New York City, NY: Inquiries into Prior Salary History Prohibited for City Agencies
REMINDER: Washington, DC’s Universal Paid Leave Act Became Effective on April 7, 2017

Second Circuit: Employers May Be Responsible for Determining if FMLA Leave Applies

March 6, 2017/0 Comments/in HR Alerts /by ManagEase

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February 9, 2017

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The Second Circuit recently stated that employers are responsible for requesting additional information from an employee in order to determine if the employee is eligible for FMLA leave.