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Connecticut Labor & Employment Law 3rd Edition

  • ID: 2126918
  • Book
  • January 2010
  • Region: United States
  • 420 pages
  • ALM Media, LLC
This is a must have book for any employer, law firm, or library!

Connecticut Labor & Employment Law covers the breadth and width of workplace law issues. An extensive table of contents and a full index help you find key issues fast.

From the rules governing drug testing of potential employees to the enforcement of The Federal Family and Medial Leave Act, anyone can find it difficult to remain current with the frequent changes in the field. The law firm of Siegel, O'Connor, O'Donnell & Beck has been a leader in the field for over 35 years, and has grown to become one of the largest Labor & Employment practices in Connecticut.

Co-Editor Peter Janus is an authority in the field, serving on the Executive Committee of the Labor & Employment Section of the Connecticut Bar Association, as well as the American Employment Law Council and the American Bar Association's Committee on the Development of the Law Under the National Labor Relations Act.

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CHAPTER ONE: EMPLOYMENT DISCRIMINATION

I. Statutory and Regulatory Framework

A. Discrimination Defined

1. Disparate Treatment Discrimination

2. Mixed Motive Discrimination Claims

3. Disparate-Impact Discrimination

B. Connecticut Commission on Human Rights and Opportunities (CCHRO)

1. Structure and Complaint Procedure of the CCHRO

C. Jurisdiction of CCHRO

D. CHRO Relationship with Equal Employment Opportunity Commission

II. Relationship of CFEPA with Federal Laws

A. Federal Laws

B. State and Federal Constitutional Protections; Section 1983

C. CFEPA Coextensive with Some Federal Laws

D. Federal Law Pre-emption

E. Ras judicata, Collateral Estoppel and Election of Remedies: Effect of

Federal Suit and Arbitration on CCHRO Proceeding

III. Jurisdiction and Scope of Coverage

A. Jurisdiction of the CHRO

B. Who May File a Complaint: Complainants

C. Persons Against Whom Complaints Filed: Respondents

1. Individuals

2. Employers

3. Agents

4. Employment Agencies

5. Labor Organizations, Unions

6. Licensed Organizations/Professional Associations

D. Statute of Limitations

1. Tolling of the Filing Period: Continuing Violations

2. Equitable Tolling

3. Claims Under CFEPA

4. Claims Under Federal law

a. Title VII

b. Age Discrimination in Employment Act

c. Americans With Disabilities Act

d. 42 U.S.C. Sections 1981, 1983

IV. Employment-Related Activities Subject to Fair Employment

A. Advertising and Recruitment

B. Job Descriptions

C. Pre-employment Inquiries

D. Hiring and Promotion Cases

E. Discharge

F. Compensation, Terms, Conditions, and Privileges of Employment

1. Compensation: Equal Pay

2. Discrimination in Employee Benefits

G. Aiding and Abetting Discrimination

H. Retaliation

V. Prohibited Basis of Discrimination

A. Age Discrimination Under Connecticut Law

1. The Federal Age Discrimination In Employment Act

2. The Older Workers Benefit Protection Act

B. Race and Color

C. National Origin and Ancestry

D. Religion or Creed

E. Harassment

1. Sexual Harassment

a. Quid Pro Quo Claims

b. Hostile-Environment Claims

2. Other Harassment

F. Sexual Orientation

G. Sex Discrimination

1. Pregnancy Discrimination

H. Marital Status

I. Criminal Record

J. Physical and Mental Disability

1. Federal Disability Discrimination Law

a. The Rehabilitation Act of 1973

b. The Americans With Disabilities Act

i. Reasonable Accommodation

2. Connecticut Law

VI. Remedies

CHAPTER TWO: WAGE and HOUR PROVISIONS

I. INTRODUCTION

II. WAGE PAYMENT STATUTES

A. Time of Payment In General

B. Termination or Suspension of Employee

C. Withholding or Diverting of Wages

D. Permissible Withholding

E. Other Obligations and Duties of the Employer

F. Dispute Over Wages

G. Regulation and Enforcement

H. Statute of Limitations

I.Penalties

III. MINIMUM WAGE RATE AND OVERTIME

A. Minimum Wage Rate

B. "On Call" Employees

C. Payment for Travel Time

D. Payment of Less than the Minimum Wage

E. Regular Rate of Pay

F. Overtime

G. Calculating Appropriate Earnings

H. Exemptions From Overtime

1. Executive Employees

2. Administrative Employees

3. Professional Employees

I. Employees Exempt from Minimum Wage Rates

IV. WAGE BOARDS

A. Creation of Wage Boards

B. Powers of Wage Boards

C. Procedure for Promulgation of Wage Orders

V. RECORDING AND NOTICE REQUIREMENTS

VI. PROHIBITION AGAINST SEX DISCRIMINATION

VII. PUBLIC WORK CONTRACTS

A. Prevailing Wage Rate

B. Determination of Prevailing Wage Rate

C. Bid Procedure and Wage Rates

D. Debarment Penalty

VIII. CHILD LABOR LAWS

A. Introduction

B. Restriction on Hours of Work

1. Hours Between 10 p.m. and 6 a.m.

2. Occupations Hazardous to Health

C. Minors Under 16 Years of Age

CHAPTER THREE: UNEMPLOYMENT COMPENSATION

I. INTRODUCTION

A. General Overview

B. Exclusions from Coverage and the "ABC Test"

II. PROCEDURES FOR FILING CLAIMS

A. Determination of Employee Eligibility:

Able, Available and Making Reasonable Efforts to Find Work

B. Refusal of Suitable Work; Offer of Rehire

C. Filing Initial Claim; Administrative Level

D. Appealing Claim; Hearing Before Appeals Referee

1. Hearsay as Evidence

E. Appealing Referee's Decision Before Board of Review

III. ELIGIBILITY FOR BENEFITS

A. Eligibility Criteria.

1. Monetary Criteria

2. Reason for Unemployment

3. Continuation of Benefits

B. Dependency Allowances

C. Reduction/Prevention of Benefits, Generally

1. Child Support

2. Leaves of Absence

D. Extended Benefits

E. Miscellaneous Eligibility and Liability Issues

1. Educational Institutions

2. Independent Contractors

3. Multistate Workers

4. Nonprofit Organizations

5. Part-Time Employees

6. Pregnancy and New Mothers

7. Professional Athletes

8. Student Status Subsequent to Unemployment

9. Successor Entities

IV. STANDARDS FOR DISQUALIFICATION

A. Felonious Conduct

B. Imprisonment

C. Just Cause

D. Labor Disputes

E. Larceny of Property or Service

F. Miscellaneous; Receipt of Other Remuneration

G. Participation in an Illegal Strike

H. Retirement

I. Wilful Misconduct

1. Burden of Proof

2. Elements of Wilful Misconduct

a. Requirement that Misconduct Occur in Course of Employment

b. Requirement that Misconduct Must be "Wilful "

3. Closer Focus on Elements of Wilful Misconduct

a. Misconduct Must be Real Reason

b. Significance of Warnings in Proving Wilful Misconduct

d. Successor Employer

4. Major Categories of Conduct Alleged to Constitute Wilful Misconduct

a. Absenteeism and Tardiness

b. Illness, Alcoholism and Drug Dependency

(Impact on Eligibility)

c. Generally, Unsatisfactory Job Performance Does Not Constitute

Wilful Misconduct

d. Conduct That Has Been Ruled to Constitute Wilful Misconduct

V. VOLUNTARY SEPARATION FROM EMPLOYMENT

A. General Rule

1. Burden of Proof

2. Exhaustion of Reasonable Alternatives Prior to Quit

3. Personal Reasons

4. Unsuitable Job

B. Leaving for Good Cause Attributable to the Employer

1. Working Conditions; Good-Cause Reasons for Leaving

2. Working Conditions That Do Not Constitute Sufficient Cause

C. Reasons for Leaving, other Than Good Cause Attributable to the Employer

(Where Benefits May be Awarded, but Employer Is Not "Charged")

VI. EMPLOYER CONTRIBUTIONS

A. Determination of Employer liability

B. Criteria for Benefit Eligibility

1. Base Period

2. Benefit Year

3. Benefit Rate and Term

4. Dependency Allowances

5. Requalification Requirement

C. Computation of Employer's Unemployment Compensation Tax Rate

("Experience Rating"); and Additional Assessments

D. Calculation of Tips and Gratuities in Wage Determination

VII. MISCELLANEOUS ISSUES

A.Fraud

B. "No Retaliate on" Statute

C. Shared Work Plan

D. Potential Impact Between Unemployment Proceedings and Related Actions

in Other Judicial or Administrative Actions

1. Arbitration

2.Testimony

3. Discovery

4. Collateral Estoppel/Res judicata

CHAPTER FOUR: LABOR-EMPLOYER RELATIONS

I. LABOR RELATIONS/COLLECTIVE BARGAINING

A. Private-Sector Labor Relations;

Collective Bargaining Under the National Labor Relations Act

B. Labor Relations and Collective Bargaining Under the Connecticut State

Labor Relations Act

1. Relationships to Federal Labor Relations Law

2. The State Board of Labor Relations

3. The SLRA's Jurisdiction Over Health Care Institutions

C. Labor Relations and Collective Bargaining for Public Employees

1. Municipal Employees

2. State Employees

3. Teachers

II. MEDIATION AND ARBITRATION

A. Overview.

B. Mediation and Arbitration in the Private Sector

1. Mediation by the SBMA in Private Disputes

2. Arbitration: Jurisdiction

C. Employees of Hospitals and Nursing Homes

1. Mediation

2. Strikes and Lockouts Prohibited Where No NLRA Jurisdiction Exists

3. Grievance Arbitration and Impasse Resolution:

Exempt Institutions

D. Mediation and Arbitration in the Public Sector

1. Mediation

2. Grievance Arbitration

3. Contract (Interest) Arbitration

4. Conflicts With a Collective-Bargaining Agreement

5. Teachers and Administrators Employed by Boards of Education

a. Grievance Arbitration

b. Contract (Interest) Arbitration

III. APPRENTICSHIP AND TRAINING PROGRAMS

A.Overview

B. The Role of the State: The Apprenticeship Council

C. The Authority of the Labor Commissioner

D. State Participation in the Manpower Development and Training Act

E. Discouragement of Apprenticeship Training Programs in Collective-

Bargaining Agreements

F. The Licensing of Apprentices

G. Employment of Minors as Apprentices

H. Discrimination in Apprcnticcship-Training Programs

I. Miscellaneous Mandated Training Inclusions

CHAPTER FIVE: WORKERS' COMPENSATION:

SIGNIFICANT LABOR RELATIONS ISSUES

I. INTRODUCTION

II. DISCRIMINATION CLAIMS UNDER CONNECTICUT GENERAL

STATUTES SECTION 31-290a

A. Overview

B. Choice of Forum

C. Burden of Proof and Related Issues

D. Damages and Remedies

E. Statute of Limitations

F. Appeals

G. Exclusivity Issues

H. Per Se Attendance Rules

III. CONNECTICUT GENERAL STATUTES SECTION 31-313:

SUITABLE WORK OR "LIGHT-DUTY" WORK

A. Duration of Light-Duty Work

B. Commissioner's Duty to Require and Enforce Suitable Work

C. Employer's Failure to Comply With a Commissioner's Order

IV. THE IMPACT OF THE ADA ON CONNECTICUT'S

WORKERS' COMPENSATION STATUTES

A. Exclusivity Issues

B. Pre-Employment Inquiries and Medical Examinations:

The "Two-Step" Hiring Process

1. The Pre-Offer Stage

2. The Post-Offer Stage

C. Second Injury Fund and Acknowledgement of Physical Condition

D. Medical Examinations for Current Employees

E. "Light-Duty" Work and Section 31-313

F. Vocational Rehabilitation Issues

G. Potential Conflict Between Insurers and Their Insureds

H. Impact of Collective-Bargaining Agreements

CHAPTER SIX:

HEALTH AND SAFETY MANDATES FOR THE WORKPLACE

I. OVERVIEW OF CONNECTICUT RIGHT-TO-KNOW PROGRAMS

II. REPRODUCTIVE AND CARCINOGENIC HAZARDS

A. Reproductive Hazards

B. Carcinogenic Hazards

C. Enforcement of Carcinogenic Hazard Law

III. THE IMPACT OF OCCUPATIONAL INJURY

AND ILLNESS ON EMPLOYERS AND EMPLOYEES

A. Occupation Injury and Illness Prevention

B. Accident Renortini

C. Occupational Disease Reporting

D. Impact of ConnOSHA and OSH Act Violations on Connecticut Employers

CHAPTER SEVEN:

INSURANCE COVERAGE FOR EMPLOYEES

I. INTRODUCTION

II. GROUP LIFE INSURANCE

III. GROUP HEALTH INSURANCE

A. General Requirements

B. Minimum Benefit Requirements

C. Offset Proviso

D. Spouses Employed by the Same Employer

E. Employees Over 65 Years Old

F. Discontinuance and Replacement of Group Coverage

G. Comprehensive Health Care Plans

H. Continuation of Group Health Insurance Coverage

1. Notice Requirements

2. Termination of Business

3. Conversion Rights

I. Is Connecticut General Statutes Section 38a-538 Pre-empted by Federal Law?

J. Plant Closing

K. Employees Eligible to Receive Workers' Compensation

CHAPTER EIGHT:

MISCELLANEOUS LABOR AND EMPLOYMENT STATUTES

I. PERSONNEL RECORDS

A. Parameters of Statutory Coverage

1. Public vs. Private Sector

2. What Is a Personnel File?

B. Employee Access to Personnel Files: The General Rule

C. Employee Access to Medical Records;

the Counterpart to Employee Access to Personnel Files

D. Location of Personnel Files

E. The Employee Right to Remove or Correct Erroneous Information

F. The Employee Right to Copy a File and the Frequency of Inspection

G. The Disclosure of Employee Files and the Issue of Consent

H. Access to Personnel Records: The Public-Sector Employee

1. The FOIA General Rule of Access

2. Required Action of a Public Agency Having Received a Request

to Inspect or Copy an Emplyee s Personnel Files

I. Miscellaneous Statutes Affecting Personnel Records

1. Teachers' Records

2. Judges Records

II. FAMILY LEAVE PROVISIONS

A. Overview of the Federal Family and Medical Leave Act of 1993

1. Coverage and Eligibility Under the Act

2. Special Provisions: Where Husband and Wife

Have the Same Employer

3. Effective Date of the Act

4. Deduction/Reduction of an Employee's Accrued Benefits

5. Continuation of Benefits and Accrual of Employment Benefits

6. The Employee's Request for Leave: What May be Required

7. Medical Exam Component

8. Notice Requirement Under the Act

9. Reasonable Scheduling Effort Required by the Employee

10. Restoration of the Employee Upon the Employee's

Return to Work

11. The Provisions for Intermittent and Reduced Leave

B. Enforcement of the Federal Family and Medical Leave Act

C. Miscellaneous Provisions of the Federal Family and

Medical Leave Act

D. Interaction of the Federal Family and Medical Leave Act

With the Connecticut Family and Medical Leave. Act

III. THE CONNECTICUT FAMILY AND MEDICAL LEAVE ACT

1. Parameters of a "Serious Illness"

2. Coverage and Eligibility of the Act

3. Special Provisions Where Husband and Wife Have the Same Employer

4. Application of the Connecticut Family and Medical Leave Act

5. The Employee's Request for Leave: What May be Required

6. Restoration of the Employee Upon the Employee's Return to Work

7. Intermittent Leave Under the State Law

8. Enforcement Mechanism of the Connecticut Act

9. Miscellaneous Provisions of the Connecticut Family

and Medical Leave Act

IV. ADDITIONAL LAWS THAT MAY IMPACT

EMPLOYERS' LEAVE POLICIES

1. The Americans With Disabilities Act (ADA)

2. Consolidated Omnibus Budget Reconciliation Act (COBRA)

3. Connecticut Fair Employment Practices Act (FEPA)

4. Connecticut General Statutes Section 31-284b

5. Connecticut General Statutes Section 31-290a

6. Unemployment Compensation Provisions

V. FREE-SPEECH STATUTE

A. Overview of Statutory Coverage

B. Employee Action Inconsistent With Job Performance

C. Statutory Relief

D. Comparison of Section 31-51q with Connecticut General

Statutes Section 31-51m, the State Whistleblower Statute

E. Significant Judicial Decisions Interpreting the Parameters

of Statutory Coverage Afforded by Section 31-51q

1. Skinner v. Angliker

2. Sheridan v. Board of Education

3. Connick v. Meyers and Its Progeny

a. Anderson v. E &J Gallo Winery

b. Stadnick v. Kimberly-Clark Corp

c. Palumbo & Raffone v. Federal Express Corp.

d. Donahue v. Unisys Corp.

4. Monahan V. Bausch

VI. WHISTLEBLOWER STATUTE

A. Introductory Elements of Litigating a Whistleblower Claim

B. Connecticut General Statute 31-51m

VII. EMPLOYERS AND EMPLOYEE JURY SERVICE

CHAPTER NINE:

EXCEPTIONS TO THE EMPLOYMENT-AT-WILL RULE

I. THE EMPLOYMENT-AT-WILL RULE

II. EXCEPTIONS TO THE EMPLOYMENT-AT-WILL RULE

A. Contracting Out of the At-Will Employment Relationship:

Express and Implied Contracts

1. Employment Contract Disclaimers

2. Damages Available for Breach of Express and Implied Contracts

B. The Implied Covenant of Good Faith and Fair Dealing

1. The Implied Covenant and Contract Employees

2. The Implied Covenant and At-Will Employees

3. Damages for Breach of the Implied Covenant

C. The Implications of Promises Made:

Actions Based on Promissory Estoppel

1. Damages Under Promissory Estoppel

D. Those Off-Hand Remarks and Actions

for Negligent Misrepresentation

1. Damages for Negligent Misrepresentations

E. The Sheets Doctrine and Wrongful Discharges in Violation

of Public Policy

1. Only Employees At-Will May Prevail

2. Violation of Public Polity Must Be Intentional

3. Plaintiff Must Allege Public-Policy Violation

4. Plaintiff Must Show Public-Policy Violation

5. Plaintiff Must Otherwise Be Without a Remedy

6. Wrongful-Discharge Claims in Federal Court

7. Damages for Wrongful Discharge

F. Statutory Exceptions to the Employment At-Will Rule

1. Selected Connecticut Statutes

2. Selected Federal Statutes

CHAPTER TEN: THE EMPLOYMENT AGREEMENT

I. EMPLOYER PROTECTION AT COMMON LAW

A. Duty of Good Faith, Loyalty and Honesty

B. Fraud

C. Misappropriation of Corporate Opportunity

D. Tortious Interference with Contract Rights or Business Relations

E. Unjust Enrichment

II. STATUTORY PROTECTION FOR EMPLOYERS

A. Connecticut Uniform Trade Secrets Act

1. Definitions

2. Facts To Be Considered

3.Remedies

a. Injunction

b. Money Damages and Attorneys' Fees

B. Connecticut Unfair Trade Practices Act

1. Injunctive Relief and Money Damages

C. Conversion or Larceny

III. CONTRACTUAL PROTECTION

A. Governing Law

B. Consideration for the Contract

C. Reasonableness of the Restrictive Covenants

D. Severability

E. Injunctive Relief

F. Damages

CHAPTER ELEVEN: WORKPLACE TORTS

I. INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS

A. General Requirements

1. Outrageous Behavior

B. Privilege

C. Exclusivity of Workers' Compensation

II. NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS

III. DEFAMATION

IV. TORTIOUS INTERFERENCE WITH CONTRACTUAL RELATIONSHIPS

A. Introduction

B. General Requirements

V. MISREPRESENTATION

A. Intentional Misrepresentation (Fraud)

B. Negligent Misrepresentation.

1. Damages for Negligent Misrepresentation

CHAPTER TWELVE:

DRUG TESTING, SMOKING IN THE WORKPLACE

AND AIDS CONFIDENTIALITY

I. DRUG TESTING

A. Introduction

B. Private Employers

1. Testing of Prospective Employees

2. Testing of Current Employees

3. The Test

4. Confidentiality

5. Unionized Employees

6. Civil Liability

C. Testing of Commercial Vehicle Operators

D. Public Employers

II. SMOKING LAWS AND SMOKING RIGHTS

A. Introduction

B. Limitation on the Practice of Smoking

1. General limitations on the Practice of Smoking

2. Limitations on Smoking in the Workplace

3. Special Limitations

a. Public Buildings

b. Health Care Institutions

c. Retail Food Stores

d. Restaurants

e. Public Schools

f. Elevators

4. Posting, Exemptions, Enforcement and Local Laws

a. Posting Requirements

b. Exemptions

c. Enforcement

d. Effect on Local Laws

C. Smokers' Rights

1. Discrimination Against Smokers Prohibited

a. Exemptions

i. Anti-smoking Nonprofit Organizations

ii. Firefighters and Police Officers

III. AIDS CONFIDENTIALITY

A. Definitions

B. Limitations on Disclosure

1. Persons and Circumstances Authorizing Disclosure

2. Persons Privileged to Disclose Generally

a. The Person, His or Her Authorized Agent, or

the Government

b. Disclosure Necessary for Medical Treatment

c. Exposed Employee Exception

d. Employees of State Hospitals for Mental Illness

e. Employees of State Correctional Facilities

f. Persons Permitted to Disclose Under Court Order

C. Record-Keeping Requirements

D. Formalities of Disclosure

E. Effect on Other Laws
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Peter Janus
Mr. Janus represents employers in all aspects of employment law, including preventive advice and litigation defense of discrimination claims, wrongful termination, breach of contract litigation, trade secrets and restrictive covenant violations and FMLA and wage and hour complaints. He also specializes in matters arising under the National Labor Relations Act that include NLRB representation election petitions, unfair labor practice complaint hearings, grievance arbitration and collective bargaining negotiations. Mr. Janus is a partner with the law firm of Siegel, O'Connor, Zanagri, O'Donnell & Beck, P.C. in Hartford, CT.
Note: Product cover images may vary from those shown
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