Connecticut Kicks Off Its 2023 Legislative Session With Slew of Employment-Related Bills

Connecticut employers have seen a significant increase in legislation affecting their businesses over the last few years. Just to highlight a few (of the many pieces of legislation) that Connecticut has enacted:

• In 2019, Connecticut enacted the Paid Family and Medical Leave Act, which entitles eligible Connecticut employees to paid family leave.
• In 2019, Connecticut enacted the Time’s Up Act, significantly broadening sexual harassment training requirements, toughening penalties for noncompliance, and enhancing protections for employees who complain about sexual harassment.
• In 2021, Connecticut was among the first states to enact a pay transparency law that requires employers to disclose to applicants and employees the wage ranges for their positions.
• In 2021, Connecticut enacted a recreational marijuana law that provides workplace protections for adults who use marijuana recreationally.
• In 2022, Connecticut enacted a “captive audience” ban that makes it unlawful for employers to require employees to attend meetings to discuss “political matters.” (In November 2022, a coalition of employer groups filed a lawsuit in the U.S. District Court for the District of Connecticut challenging the law.)

This year’s legislative session does not show any signs of slowing down. Already at least two proposed bills are repeats of previous failed attempts to pass similar legislation:

• Proposed S.B. No. 483—An Act Concerning Homemakers and Companions and Noncompete Provisions, “[t]o eliminate the prohibition on noncompete provisions in private employment contracts for homemakers and companions.”
• Proposed S.B. No. 93—An Act Concerning Compensation for Certain Employees Whose Scheduled Shift Has Been Reduced or Cancelled, “[t]o require certain employers to provide advance notice to certain employees of changes in such employees’ work schedules.”

Other bills are new and follow the trend of Connecticut’s being at the forefront of labor and employment legislation, including the following:

• Proposed H.B. No. 5243—An Act Concerning the Disclosure of Salary Ranges in Job Postings, “[t]o require employers to disclose salary ranges in all job postings.”
• Proposed H.B. No. 5183—An Act Requiring Notice of an Employee’s Right to Choose Not to Be a Member of a Union, “[t]o provide clear notice of an employee’s right to choose not to be a member of a union.”
• Proposed S.B. No. 485—An Act Concerning Time Frames for Binding Arbitration, “[t]o amend time frames for binding arbitration in Connecticut.”
• Proposed S.B. No. 489—An Act Limiting the Days an Employer Can Mandate an Employee to Work, “[t]o protect workers’ work-life balance, mental health and prevent burnout.”
• Proposed S.B. No. 491—An Act Concerning Workers’ Compensation Benefits for Certain Mental or Emotional Injuries, “[t]o allow workers’ compensation coverage to all workers for mental or emotional injuries.”
• Proposed S.B. No. 21—An Act Prohibiting Employers From Charging Employees for Training Costs Upon Separation From Employment, “[t]o prevent employers from charging training costs to employees seeking to leave employment.”

Ogletree Deakins’ Stamford office will continue to monitor developments with respect to employment-related bills introduced in the 2023 legislative session and will post updates on the Connecticut blog as additional information becomes available. Important information for employers is also available via the firm’s webinar and podcast programs.