Publications
The use of covenants not to compete is becoming increasingly common, perhaps most notably in the sales and technology arenas. Unlike certain other states, there is no explicit statute in Connecticut that addresses the enforceability of such covenants. Employers need to understand, however, that while covenants not to compete are not currently prohibited by Connecticut […]
The Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) marks a new era of information management. HIPAA mandated the nation-wide standardization of concepts and practices for assuring the privacy and security of health information. Since the enactment of HIPAA, all segments of the health care industry have witnessed a heightened awareness of patient privacy […]
Last month, the U. S. Immigration & Naturalization Service (“INS”) announced a major restructuring that will affect the processing of all visa applications, including employment based immigrant and non-immigrant applications. The restructuring fulfills a campaign promise by President Bush to attempt to improve the processing times for employment based non-immigrant petitions and permanent resident petitions. […]
Recently, in Lyons v. The Legal Aid Society, the Second Circuit held that an employer might be required to pay for a parking space as a reasonable accommodation to a disabled employee, even though it does not as a matter of policy provide parking to any other employees. Beth Lyons, a Legal Aid staff attorney […]
In a case of first impression, a federal district court in Illinois recently held that supervisors can be held individually liable for violations of the Family Medical Leave Act if they exercise sufficient control over an employee’s working conditions. The court distinguished cases declining to impose personal liability under Title VII, like those we have […]
If a paid union organizer applied for a job at a non-union company, most employers would probably refuse to interview that applicant, fearing that the applicant would attempt to organize the company or otherwise pose an unionization threat. In National Labor Relations Board v. Town & Country Electric, Inc., however, the United States Supreme Court […]
On October 3, 2000 the U.S. Equal Employment Opportunity Commission(EEOC) issued new guidance on the application of certainanti-discrimination laws to health and life insurance benefits,long-term and short-term disability benefits, severance benefits,pensions and other retirement benefits and early retirement incentivesoffered by employers. Discrimination Based on Pregnancy Under the Pregnancy DiscriminationAct, an employee benefit plan must cover […]
Our page one article discusses the Ellerth-Faragher affirmative defense to claims of illegal harassment and the importance of an effective anti-harassment policy. An integral part of any such policy is the ability to promptly and effectively respond to employee complaints. Following is a brief summary of how to conduct an investigation of a harassment complaint. […]
Connecticut theoretically remains an “employment at will” state but, like an increasing number of other states, court-created exceptions to that doctrine appear to be swallowing the rule. Recently, in Torosyan v. Boehringer Ingelbeim Pharmaceuticals, Inc., Connecticut’s highest court significantly eroded the employment at will doctrine with a ruling that severely restricts an employer’s right to […]
The U.S. Department of Labor has issued regulations, effective December13, 2000, addressing affirmative action requirements for federalcontractors and subcontractors (broadly referred to hereafter as"contractors') under Executive Order 11246. The new regulations includeseveral significant changes that will directly affect a coveredemployer's affirmative action plans. Employers are not required to makeany changes to their existing affirmative action […]
Recently a number of courts, including one in Connecticut, have been asked to decide whether an individual supervisor who commits a discriminatory act under Title VII can be held personally liable along with the employer. Although the future is unclear on this issue, a recent decision by a Connecticut federal district court, Schaffer v. Ames […]
Employers who sponsor disability benefit plans in which benefits are reduced by social security disability benefits should be aware that the US. Department of Health and Human Services recently issued new regulations providing for the premature suspension or termination of social security disability benefits in certain cases involving drug or alcohol abuse. The new requirements […]
On May 24, 1999, the United States Supreme Court, in California Dental Association v. FTC, 119 S.Ct. 1604 (1999), ruled that a professional associations prohibitions on certain types of truthful, nondeceptive advertising, with the asserted objective of preventing false or deceptive advertising, deserved a thorough evaluation of competitive and anticompetitive effects before the restrictions could […]
1. What legal issues are raised when an employer lays off employees?Depending upon the size of the employer and the number of employeesbeing laid off, the Worker Adjustment and Retraining Notification Act("WARN") may be implicated. As discussed more fully below, WARN appliesonly to employers with 100 or more employees. Other issues, eachdiscussed below, that employers […]
In the last issue of the Employment Advisory (see “Supreme Court to Look at Tax Treatment of Age Settlements”) we reported on Commissioner of Internal Revenue V. Schleier, a case pending before the United States Supreme Court which would resolve the issue of whether damages or settlements under the Age Discrimination in Employment Act were […]
The Court of Appeals for the D.C. Circuit recently ruled in favor of Network Solutions, a domain name registration organization, in a lawsuit brought by a group of domain name registrants, Thomas v. Network Solutions, Inc., 176 F.3d 500 (D.C. Cir. 1999). The plaintiffs alleged that the fee they paid for registering their internet domain […]
Domicile and residence are two distinct legal concepts. Your domicile is the place you intend to make your home. You can be a resident of more than one state, but you are domiciled in only one state. Domicile is indicated by a number of factors, which can include the location of your principal residence, bank […]
In the aftermath of the September 11, 2001 terrorist attacks, many employers have implemented charitable-leave programs or "leave-based donation programs." Under these programs, employees can elect to forego accrued vacation, sick, or personal leave pay and have their employers contribute these amounts to charitable organizations. Ordinarily, when a portion of an individual's income is assigned […]
Low-income housing tax credits, available through Section 42 of the Internal Revenue Code, offer an attractive mechanism for the equity financing of multi-family housing projects serving low to moderate income individuals. The increasing popularity of assisted living facilities to serve the elderly has led developers to seek a way of blending the assisted living requirements […]
The leading causes of public well contamination in Connecticut areunintentional leaks and spills of cleaning solvents and fuel oils. Thecost of treating contaminated groundwater is a significant expense, asis the extension of water supply mains to provide potable water in areasof private well contamination. Consequently, the Connecticut Departmentof Environmental Protection (DEP) has developed several initiatives […]
A new Executive Order bans federal contracts for at least one year for employers that knowingly hire or retain illegal aliens. For the past ten years, all employers have been subject to fines and criminal penalties for hiring undocumented workers. The magnitude of this new sanction for federal contractors, coupled with the U.S. Immigration and […]
In today’s global economy, it is becoming more common for U.S. employeesto work in another country for a period of time. These assignments maylast for a few months, or for a few years. As with any move, issues ofresidency and domicile will arise, but living and working abroad alsoraises international tax issues. Will My Domicile […]
In 1998, the United States Supreme Court decided Burlington Industries, Inc. v. Ellerth, 524 U.S. 74 (1998), and Faragher v. City of Boca Raton , 524 U.S. 775 (1998), both of which addressed the scope of employer liability in sexual harassment cases. The Court held that an employer may be vicariously liable to an employee […]
In a decision notable for its clarity and common sense, Michigan’s Supreme Court in Greene v. A.P. Products, Ltd. and Revlon Consumer Products Corp. recently sustained a trial court’s grant of summary judgment to the manufacturer and retail seller of a hair and body beauty oil which was swallowed by an 11-month old resulting in […]
Warm feelings of affection may prompt one to make monetary gifts to loved ones. But those feelings can rapidly chill if the donor unexpectedly finds out that taxes are due on the gift. Donors who are considering making gifts in order to transfer wealth and shift income to the next generation also need to factor […]
Warm feelings of affection may prompt one to make monetary gifts to loved ones. But those feelings can rapidly chill if the donor unexpectedly finds out that taxes are due on the gift. Donors who are considering making gifts in order to transfer wealth and shift income to the next generation also need to factor […]
The United States District Court for the District of Connecticut this month amended the Court’s Local Rules to address the recent amendments to the Federal Rules of Civil Procedure (FRCP) regarding the discovery of electronically stored information. The new Local Rules are designed to track the amendments to the FRCP and to ensure that issues […]
On April 23, 2004, the United States Department of Labor (DOL) published its final rule regarding the wage and hour overtime exemptions. Expected to become effective on August 23, 2004, the rule revises existing regulations governing the payment of overtime to employees under federal law. As noted below, the final rules vary in some significant […]
Summary The Securities and Exchange Commission (“SEC”) brought and settled administrative civil fraud charges against E.ON AG, formerly Veba AG, for making materially false and misleading statements in which it denied the existence of ongoing merger negotiations with Viag AG. SEC Release No. 43372 (September 28, 2000). The SEC found that foreign issuers must comply […]
Ragsdale v. Wolverine World Wide, Inc. On March 19th the Supreme Court handed down its first decision interpreting the Family and Medical Leave Act (“FMLA”). The Court ruled in a five to four decision that there is no legal authority for the Department of Labor’s (“DOL’s”) regulation that automatically penalizes employers for failing to give […]