Recently, state and federal authorities have been cracking down on companies that misclassify workers as independent contractors when they are truly employees. Connecticut has a very strict rule on this topic – one of the strictest in the country. It requires that an employer prove all three elements of the ABC test rather than just … [Read More]
Generally speaking, state statutes, the First Amendment to the U.S. Constitution, and Article First, Sec. 4 of the Connecticut Constitution protect employees from being disciplined for speaking out in the workplace. A recent case from Pennsylvania nicely illustrates the bounds of the protection, and where the line between protected speech and non-protected speech lies. … [Read More]
If Kim Davis were an employee, could she be fired for refusing to grant marriage licenses to same-sex couples?
Yup. She’s an elected official, so she can’t be “fired,” but if she were an employee, her religious beliefs would not shield her from the essential obligations of her job. Read more here: edition.cnn.com Just because she maintains that her religion prevents her from issuing said licenses does not mean that she is protected from … [Read More]
As of January 1, 2015, there have been new rules applying to workers in the home health industry. This field has been growing rapidly as the U.S. population ages and health care costs increase. Read an overview here: www.harriswilliams.com Most home health workers are entitled to minimum wage and overtime pay now- and yet, … [Read More]
Bill seeking to prohibit employers from using credit check results as a reason not to hire makes good common sense.
“Fail fast, fail often” is a slogan heard around Silicon Valley these days. The tech industry uses it to mean take risks and don’t be discouraged when your venture doesn’t work out- pack it up and start again. However, this doesn’t apply to average, every day workers when employers are allowed to check an applicant’s … [Read More]
Last week, the EEOC held in a case before it that the discrimination based on sexual orientation is discrimination “based on sex,” and therefore prohibited by Title VII of the Civil Rights Act of 1964, the federal law that prohibits workplace discrimination. Read more here. This isn’t the biggest deal in Connecticut, as our state … [Read More]
The U.S. DOL has issued a new “interpretation” regarding when people who work can be classified as independent contractors, and when they must be classified as employees. Read the Administrators Interpretation here. This makes a huge difference: an employee is protected by laws ranging from wage protection to whistleblower protection; and are entitled to … [Read More]
Many employers have a practice of paying a service to do background checks (and sometimes credit checks) on their employees and prospective employees. What many employees don’t know is that the Federal Trade Commission (FTC) and the Equal Employment Opportunity Commission (EEOC) have strict rules governing these third-party background checks. When an employer sends … [Read More]
A bill to provide paid medical and family leave to Connecticut employees is moving forward in the Connecticut legislature. The budget (finally!) passed provides $140,000 for the year 2016 to figure out the logistics of the law- a consultant will be hired by October 1, 2015; and a report submitted by February 1, 2016. This … [Read More]