Recently, the U.S. Supreme Court ruled that government workers who choose not to join a union cannot be charged for the cost of collective bargaining and related activities. In a 5-to-4 decision, a majority of the Court noted in Janus v. AFSCME, Council 31, that “agency fees” violate, “the free speech rights of nonmembers by compelling them to subsidize private speech on […]
Recently, the U.S. Supreme Court ruled that government workers who choose not to join a union cannot be charged for the cost of collective bargaining and related activities. In a 5-to-4 decision, a majority of the Court noted in Janus v. AFSCME, Council 31, that “agency fees” violate, “the free speech rights of nonmembers by compelling them to subsidize private speech on […]
Public agencies responding to requests made under the Freedom of Information Act will face a new notification requirement starting October 1, 2018, when requests are made for records contained in an employee’s personnel, medical or similar files. Importantly, these procedures apply only when requests are made for records contained in such files. Similar information contained in other […]
The Supreme Court on Monday, in a 5-4 decision in Epic Systems Corp. v. Lewis, No. 16–285 (U.S. May 21, 2018) (consolidated cases), ruled that companies can use arbitration clauses in employment contracts to prohibit workers from banding together to take legal action over workplace issues. The Court’s decision could affect some 25 million employment contracts. Writing […]
Joining several other states including New York, New Jersey, and Massachusetts, Connecticut is set to enact legislation banning salary history inquiries by employers or their agents. The General Assembly passed the measure and Governor Malloy is expected to sign it into law with an effective date of January 1, 2019. The move is part of a […]
Federal law requires employers to verify the identity and employment eligibility of their current and prospective employees and document their compliance using the Employment Verification, Form I-9. U.S. Immigration and Customs Enforcement (“ICE”) Homeland Security Investigations (“HSI”) has the authority[1] to inspect and review employer’s Forms I-9 and conduct workplace raids. Employers in Connecticut and other […]
In a given year, about 2,000 complaints of employment discrimination are filed with the Connecticut Commission on Human Rights and Opportunities (CHRO). For some employers, the receipt of a CHRO charge is their first exposure to the legal system (other than Unemployment). The employer has only thirty days to respond to the charge, and only ten days […]
As the #metoo and #timesup movements continue gaining momentum, Connecticut employers should not be surprised that the start of the 2018 Connecticut General Assembly session saw the introduction of a bill to increase workplace harassment prevention training in Connecticut. Should HB 5043 pass in its current form, it would be the first substantial revision to […]
Workplace Investigations – and the need for them – have been in the news a lot lately. So it seems like a good time to review some basics, such as what triggers them, who should conduct them, and why are they important. A workplace investigation can be triggered by myriad reasons, including a complaint or […]
At the end of 2017, the NLRB issued a decision reversing the enhanced “overwhelming” community of interest standard and its much derided “micro units” in determining the appropriate unit for representational purposes. In its 3-2 decision in PCC Structurals, Inc., 365 NLRB No. 160 (2017), the NLRB re-adopted the traditional test, which considers factors such […]
