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Connecticut: New Law Codifies “80/20” Rule for Compensating Tipped Employees

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All Employers with CT Employees in Hospitality and Service Industries

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April 1, 2020*

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Hospitality employers who take tip credits when compensating employees will be relieved to hear that Connecticut’s legislation has made new strides to clarifying how tipped employees must be paid.  The recently-passed Public Act 19-1 requires the Connecticut Labor Commissioner to adopt regulations codifying the federal “80/20” rule.  The Act requires the Labor Commissioner to post a notice of intent to adopt these regulations by April 1, 2020, though the actual effective date of the rule is not yet clear.

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Second Circuit: Trafficking Victims Protection Act Creates a Civil Remedy for Immigrants Lawfully in the Country as Temporary Guest Workers

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All Employers of CT, NY, and VT Employees with Temporary Work Authorization Status

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July 25, 2019

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In Adia v. Grandeur Management and Raja Younas, the 2nd Court of Appeal stated that immigrants could bring a civil lawsuit against employers who violate the Trafficking Victims Protection Act (TVPA). Forced labor under the TVPA can occur when a person knowingly obtains labor by abuse or threat, or by a pattern or scheme to cause belief that, if labor is not performed, there would be serious harm or physical threat.

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Connecticut: New Bill Implements Expansive, Fully Paid Family Leave Benefits

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All Employers with CT Employees

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June 25, 2019

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On June 25, 2019, Governor Ned Lamont signed Public Act 19-25, “An Act Concerning Paid Family and Medical Leave” (the Act) into law, setting the wheels in motion for the most generous paid family and medical leave benefit in the United States.  The Act substantially amends the existing Connecticut Family and Medical Leave Act (CTFMLA), expanding coverage to all employees, reducing the waiting period for eligibility, and requiring compensation of employees on leave.

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Connecticut: Sexual-Harassment Prevention Obligations Expanded, Including Training Requirements

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All Employers with Connecticut Employees

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October 1, 2019, unless otherwise noted

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Public Act 19-16, also known as the “Time’s Up” bill, imposes quite a number of new obligations on employers in the battle against sexual harassment.  Most provisions go into effect as of October 1, 2019, unless otherwise noted.

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Connecticut: New Guidance Clarifies Pregnancy Accommodation Requirements

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All Employers with CT Employees

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April 23, 2019

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The Connecticut Commission on Human Rights & Opportunities (CHRO) issued a Best Practices “Bluepaper” to help employers understand their role in accommodating employees impacted by pregnancy, childbirth, or related conditions.  The Bluepaper reiterates the standards set out by the Connecticut Fair Employment Practices Act (CFPA); more importantly, it further clarifies or directs employers on how to handle specific situations under the law.

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June Updates

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Varies

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Varies

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This Short List addresses the following topics:
  1. U.S. Supreme Court: Title VII Claims to the EEOC are Merely Procedural and Not Jurisdictional to Courts
  2. U.S. Supreme Court: State Wage and Hour Rules Don’t Apply to Workers on the Outer Continental Shelf
  3. DOL Issued Updated Poster for Federal Contractors and Subcontractors
  4. California: July 1st REMINDERS for Employers
  5. Emeryville, CA: July 1st Minimum Wage Increase Paused for Small Independent Restaurants
  6. Colorado: Wage Garnishment Reform on the Horizon
  7. Connecticut: Minimum Wage Increasing to $15 an Hour
  8. Minneapolis, MN: Sick and Safe Time Rule Is Still Up in the Air
  9. Kansas City, MO: Bans Pre-Employment Salary History Inquiries
  10. Nevada: Mandatory Safety Training Expanded to Trade Show and Convention Workers
  11. New Jersey: Required Workplace Postings Receive an Update
  12. Texas: Dallas and San Antonio Paid Sick Leave Set to Go into Effect August 1st

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Second Circuit: ADA Protects Against a Hostile Work Environment

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All Employers with Employees in CT, NY, VT

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March 6, 2019

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In Fox v. Costco Wholesale Corp., the Second Circuit Court of Appeals stated that hostile work environment claims may be brought under the Americans with Disabilities Act (ADA). There, an employee who had Tourette’s Syndrome and OCD claimed he was subject to a hostile work environment because of his medical conditions, including mocking his disability over a significant period of time and with the employer’s knowledge. Specifically, the court stated that the prohibition of discrimination under the ADA includes prohibiting workplace harassment, similar as with Title VII claims. The court indicated that there was sufficient information alleged that would allow the case to proceed. Employers should take care to consistently enforce anti-discrimination and harassment policies.

Action Item

  1. Review the decision here.
  2. Have discrimination and harassment policies reviewed for compliance.
  3. Have employees regularly trained on discrimination and harassment prevention.
  4. 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.

© 2019 ManagEase

Connecticut: Employees Have Medical Marijuana Protection for Use During Off-Work Hours

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All Employers with CT Employees

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September 5, 2018

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In Noffsinger v. SSC Niantic Operating Company LLC, a Connecticut federal judge stated that no federal law prohibits off-work hours use of medical marijuana, as protected under the states’ Palliative User of Marijuana Act (PUMA). There, an applicant advised the employer during the pre-hire process that she used medical marijuana, as permitted under PUMA, at night during off-work hours to treat post-traumatic stress disorder. After testing positive for cannabis in her pre-employment drug test, the employer rescinded the offer of employment. The federal district court rejected the employer’s zero-tolerance drug policy in favor of PUMA’s protections, stating that the federal Drug Free Workplace Act (DFWA) only prohibits use and possession of illegal drugs while at work. Finally, although not expressly provided in the act, the court stated that PUMA implies a cause of action for discrimination. Otherwise, PUMA “would have no practical effect, because the law does not provide for any other enforcement mechanism.”

Action Items

  1. Have hiring practices and drug testing procedures reviewed to ensure compliance with PUMA and federal law.
  2. Have substance abuse policies updated.
  3. Have job descriptions reviewed to ensure compliance with federal and state laws, including essential functions of the job.
  4. 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.

© 2018 ManagEase

Connecticut: New Pay Equity Bill Prohibits Wage and Salary History Inquiries

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All Employers with CT Employees

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January 1, 2019

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Connecticut joins a growing list of states with salary history inquiry bans designed to promote wage equality among genders.  Public Act No. 18-8, An Act Concerning Pay Equity (the “Act”), goes into effect on January 1, 2019, and bans Connecticut employers from making inquiries into an applicant’s prior wage information at any point during the hiring process. The ban also prohibits third parties from making salary history inquiries on behalf of the employer, which would include staffing agencies and recruiters. However, applicants may choose to volunteer this information. Additionally, employers may inquire about components of an applicant’s compensation structure (e.g., previous stock options, equity incentives, etc.), provided that the employer does not inquire about the value of those components.

Currently, Connecticut already has a number of applicant protections in place.  Employers have already been prohibited from certain actions, such as preventing employees from inquiring into or disclosing wage information from or to another employee, forcing employees to waive their right to discuss wage information as a condition of employment, or penalizing employees for discussing wage information.

Under the Act, an aggrieved employee or applicant may sue an employer within two years of any alleged violation of the Act.

Action Items

  1. Review employment applications and interviewing procedures to eliminate any questions regarding salary history.
  2. Have hiring managers trained on the new requirements.
  3. 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.

© 2018 ManagEase

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

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All Employers with CT Employees

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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

  1. Read the text of Connecticut Supreme Court’s opinion here.
  2. Review overtime calculations for compliance with state overtime rules.
  3. 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.

© 2017 ManagEase, Incorporated.