Blog

Kelly M. Cardin New York
Stamford Author

Connecticut Proposes Legislation to Increase Salary Transparency in Job Postings

Connecticut recently proposed legislation (Proposed H.B. No. 5243) that would “require employers to disclose salary ranges in all job postings.” In 2021, Connecticut was one of the first states to enact a pay transparency law requiring employers to disclose to applicants and employees the salary ranges for their positions. The proposed legislation would expand the existing law.

Connecticut Clean Slate Law Brings New Requirements for Employers in 2023 and Beyond

On June 10, 2021, Governor Ned Lamont signed into law Connecticut’s “Clean Slate” law, Public Act No. 21-32. The Clean Slate law became effective January 1, 2023, and it provides for the automatic erasure of certain criminal records.

Andrés Jiménez-Franck Stamford Author

State and Major Locality Minimum Wage Updates for 2023

Several state and local minimum wage rates will increase in 2023, with a majority of the changes effective on January 1, 2023. The following chart lists state and certain major locality minimum wage increases for 2023—and future years, if available—along with the related changes in the maximum tip credit and minimum cash wage for tipped employees.

Nancy S. Lester Richmond Author

Connecticut Update: Recreational Marijuana, Captive Audience Meetings, and Leave Notices Requirements Take Effect July 1, 2022

The Connecticut legislature has been busy in 2021 and 2022. Approximately twelve months ago, it passed legislation effectively legalizing recreational marijuana under Connecticut state law. Very recently, it amended Connecticut’s employee free speech statute to, among other things, prohibit employers from convening what organized labor often refers to as “captive audience meetings” with employees to address unionization efforts. Also, effective January 1, 2022, many employees became eligible for Connecticut Paid Family and Medical Leave benefits, and the legislature amended the Connecticut Family and Medical Leave Act (CTFMLA) to apply to almost all private sector Connecticut employers.

Chelsea R. Sousa Stamford Author

Midyear 2022 State and Major Locality Minimum Wage Increases

Several state and local minimum wage rates will increase in the latter half of 2022, with most of these changes effective on July 1, 2022. Increases to minimum wage rates for nonexempt employees and tipped employees in Florida will occur later in the year, on September 30, 2022.

Nancy S. Lester Richmond Author

Divided Second Circuit Decides Long-Awaited Braille Gift Card Appeals, Affirming Dismissals Based on Standing

More than a year after oral arguments in Calcano v. Swarovski North America Ltd., No. 20-1552, the U.S. Court of Appeals for the Second Circuit affirmed a lower court’s dismissal of five nearly identical lawsuits brought by blind plaintiffs seeking to compel retail defendants to issue gift cards with braille on them.

David Raizman Los Angeles Author

Connecticut Poised to Ban ‘Captive Audience’ Meetings and Expand Employee Free Speech Protections

Recently, the Connecticut General Assembly sent Public Act No. 22-24 (Substitute Senate Bill No. 163), “An Act Protecting Employee Freedom of Speech and Conscience,” to Governor Ned Lamont’s desk for signature. If enacted, the law will amend Connecticut’s employee free speech statute, Conn. Gen. Stat. Section 31-51q, significantly limiting an employer’s ability to speak directly with its employees.

John T. Merrell Greenville Author

Chelsea R. Sousa Stamford Author

Minimum Wage Increases in 2022: A Chart of Upcoming Changes and Interactive Map

In 2022, while the federal minimum wage will remain at $7.25 per hour for non-tipped employees and $2.13 per hour for tipped employees, several states’ minimum wage rates will increase. The chart below lists the state (and certain major locality) minimum wage rate increases for 2022—and future years if available—along with the related changes in the maximum tip credit and minimum cash wage for tipped employees.

Connecticut’s Paid Family and Medical Leave Program’s Applications Are Now Open

In a press conference on December 1, 2021, Governor Ned Lamont, along with Connecticut Paid Leave Authority Chief Executive Officer Andrea Barton Reeves, announced that the Connecticut Paid Leave Authority is now accepting applications for Connecticut residents who want to participate in the state’s new paid family and medical leave program.

Connecticut Employees Entitled to 12 Weeks of State FMLA Leave as of January 1, 2022, Even If Leave Starts in 2021

The Connecticut Department of Labor (CTDOL) recently issued nonbinding guidance on amendments to the Connecticut Family and Medical Leave Act (CTFMLA) that will become effective January 1, 2022. The primary point of the guidance is to clarify the CTDOL’s position on eligible employee leave entitlements, when the leave commenced in 2021 continues into 2022.

Thomas A. Bright Greenville Author

Fifth Circuit Rules Day Rate Compensation Does Not Satisfy Requirement of Payment on a Salaried Basis for Exempt Status

The issue of the proper application of the highly compensated employee exemption under the Fair Labor Standards Act (FLSA), as it applies to employees paid on a “day-rate” basis in the oil and gas industry, has been a hotly debated issue in recent years, especially in the Fifth Circuit Court of Appeals.

Pay Equity in Connecticut: New Legislation Requires Disclosure of Salary Ranges

In January of 2019, Connecticut implemented legislation that, among other things, prohibited employers from inquiring about an applicant’s prior salary history. The Nutmeg State took it a step further yesterday, when Governor Ned Lamont signed House Bill No. 6380, titled “An Act Concerning the Disclosure of Salary Range for a Vacant Position.” As the name suggests, the new law requires employers to disclose the “wage range” for vacant positions to employees and prospective employees, under a variety of circumstances.

Kelly M. Cardin New York
Stamford Author

Connecticut Law Expands Requirements for Workplace Lactation Rooms

On June 4, 2021, Governor Ned Lamont signed House Bill No. 5158, modifying Connecticut’s breastfeeding in the workplace law to expand employers’ obligations to provide lactation rooms. The new law requires employers with one or more employees, including the state and any political subdivision of the state, “to provide a room or other location, in close proximity to the work area,” where she can express milk in private.

M. Tae Phillips Birmingham Author

Marijuana Laws Affecting the Workplace: Tools Employers Can Use to Stay Ahead During High Times

States have been busy when it comes to marijuana laws. Before the mid-2010s, employers tended not to worry about state marijuana laws because of marijuana’s illegal status under federal law. However, those days are over, and state marijuana legalization laws continue to affect how employers can run their workplaces.

Connecticut to Ease COVID-19 Restrictions Beginning May 1, 2021

On April 19, 2021, Connecticut Governor Ned Lamont announced plans to roll back COVID-19-related restrictions on businesses—although certain mask requirements may remain in effect. The governor intends to lift the restrictions in stages commencing May 1, 2021, through May 19, 2021.

M. Tae Phillips Birmingham Author

Marijuana Legalization Update: Early 2021 Legislative Developments

In November 2020, voters in five states (Arizona, Mississippi, Montana, New Jersey, and South Dakota) voted in favor of legalizing medical and/or recreational marijuana. Since then, there have been several developments within the marijuana legalization world that employers may want to keep an eye on as they move forward in 2021.

Connecticut Enacts the CROWN Act Banning Discrimination Based on Ethnic Traits

On March 4, 2021, Governor Ned Lamont signed legislation prohibiting discrimination on the basis of ethnic traits historically associated with race. The CROWN Act (Bill No. 6515), also known as the “Creating a Respectful and Open World for Natural Hair” Act, amends the definition of race in the state’s anti-discrimination laws to be “inclusive of ethnic traits historically associated with race, including, but not limited to, hair texture and protective hairstyles.”

Connecticut Employment Legislation in 2021: What’s on the Agenda?

Employers can expect an active 2021 Connecticut General Assembly since the 2020 legislative session was cut short. (The session lasted a little over a month before it was suspended on March 12, 2020, due to the pandemic and then officially adjourned on May 6, 2020.)

2021 State Minimum Wage Increases

Several states’ minimum wage rates will increase in 2021. The following chart lists the state (and certain major locality) minimum wage increases for 2021—and future years, if available—along with the related changes in the maximum tip credit and minimum cash wage for tipped employees.

Kelly M. Cardin New York
Stamford Author

Time to Vote: Employee and Employer Voting Leave Rights and Obligations for the 2020 Elections

Elections in the United States are scheduled for Tuesday, November 3, 2020. Not only will the office of president of the United States be contested, but all 435 seats in the U.S. House of Representatives and 35 of the 100 seats in the U.S. Senate are up for grabs. At the state level, elections will be held for the governorships of 11 U.S. states and 2 U.S. territories.

Connecticut Employers: Now Is the Time to Get Ready for Paid Family and Medical Leave

Connecticut employers need to start their preparations for the Paid Family and Medical Leave Act (PFMLA), a law that requires all private employers with Connecticut employees to provide paid leave to eligible employees. The Connecticut Paid Leave (CTPL) program, established by the PFMLA, is set to begin in just a few short months. Until then, there are important dates and key steps that employers may want to review to ensure their workplaces are prepared.

Brian D. Bumgardner Raleigh Author

Second Circuit Limits Scope of Injunction on Public Charge Rule to Connecticut, New York, and Vermont

On August 12, 2020, the United States Court of Appeals for the Second Circuit limited the scope of a nationwide injunction that had blocked the U.S. Department of Homeland Security (DHS) and U.S. Citizenship and Immigration Services (USCIS) from implementing and enforcing the Inadmissibility on Public Charge Grounds final rule (commonly called the “public charge rule”) during the COVID-19 pandemic. The decision, which came only days after a series of recent federal court decisions on the controversial rule, restricts the scope of the nationwide injunction to only those states under the jurisdiction of the Second Circuit.

DHS Blocked From Enforcing New Public Charge Rule During COVID-19 Pandemic

On July 29, 2020, the U.S. District Court for the Southern District of New York issued an injunction immediately blocking the U.S. Department of Homeland Security (DHS) and U.S. Citizenship and Immigration Services (USCIS) from enforcing the Trump administration’s new public charge rule during the COVID-19 pandemic.

Connecticut’s Mandatory Self-Quarantine Executive Order: 5 Things Employers Need to Know

On July 21, 2020, Connecticut Governor Ned Lamont issued Executive Order No. 7III, which made mandatory a previous advisory self-quarantine recommendation for individuals—including employees—traveling from states with high COVID-19 infection rates. While an exemption for essential travelers still applies, there were a number of changes

Facemasks Are the Rule in the Connecticut Workplace

On April 17, 2020, Governor Ned Lamont issued Executive Order 7BB requiring state residents “who [are] unable to or [do] not maintain a safe social distance of approximately six feet from every other person” in a public place to “cover their mouth and nose with a mask or cloth face-covering.”

COVID-19: Connecticut Governor Implements Mandatory Safe Workplace Rules

On April 7, 2020, Connecticut Governor Ned Lamont issued Executive Order No. 7V. It is the governor’s most recent executive order designed to combat the COVID-19 pandemic.