Employment Law Section

The Connecticut Law Tribune

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Deferred Action For Childhood Arrivals: New Opportunity?

By JASON Y. GANS

By now many attorneys have filed applications for deferred action for individuals who demonstrate they meet the following factors and who will be eligible for an exercise of discretion and will be granted deferred action on a case-by-case basis.

 

Pay Close Attention To New Employment Verification Form

By ANDREW WIZNER

As of May 7, 2013, all U.S. employers should be using the new I-9 Employment Verification form to verify the employment eligibility of new hires. The federal government's recent shift in immigration enforcement away from workplace encounters with employees to rigorous review of employer paperwork turns a seemingly mundane form revision into rather significant news. Employers must exercise the utmost care in completing the forms lest they expose themselves to civil or criminal liability.

 

Workplace Video Surveillance Becomes More Common

By MARGARET J. STRANGE and SARAH R. SKUBAS

Storefront cameras and joggers' cell phones captured the horrific scenes of the Boston Marathon attack and helped the police identify suspects. Video surveillance is not just a tool for law enforcement officials, though. Whether used to protect the public, embarrass the famous, or discipline employees, video surveillance is everywhere.

 

Pro-Immigration Measures Help Create Jobs

By NORINE F. KRASNOGOR


With an impressive history of great economic and societal benefits to the U.S. through the lawful employment of foreign employees, is the U.S. finally ready to more deeply tap into this source of economic vitality? This April, following years of dead-ended proposals, a bipartisan group of senators introduced a compromise immigration bill, weighing in at 844 pages.

 

In Modern Times, Just Who Is On The Production Line?


By MAGGIE FERRON


In 2009, the U.S. Court of Appeals for the Second Circuit held in Davis v. J.P. Morgan Chase & Co., 587 F.3d 529 (2d Cir. 2009), that a mortgage loan underwriter was not exempt from the overtime provisions of the Fair Labor Standards Act because he did not fall into the law's exemption for "bona fide administrative employees."

 

To Employers' Relief, Poster Rule Struck Down


By JASON STANEVICH and PAUL TESTA


On May 7, 2013, the U.S. Court of Appeals for the D.C. Circuit struck down the National Labor Relations Board's controversial August 2011 Notice Posting Rule, which would have required employers to conspicuously display a notice informing employees of their rights under the National Labor Relations Act (NLRA). In National Association of Manufacturers, et al. v. NLRB, the court invalidated the rule because it found all three of the rule's enforcement mechanisms unlawful.


What EEOC Is Up To — And Why You Should Care


By MARGARET M. SHEAHAN


Because the EEOC tends to focus on big cases and because our state's fair employment practices agency, the Commission on Human Rights and Opportunities (CHRO) is the primary administrative forum for discrimination cases here, it is easy to lose sight of the federal agency's activity in the day-to-day life of a Connecticut labor and employment law practitioner.

Federal Courts Restrain NLRB Excess


By EDWARD F. "BUD" O'DONNELL Jr.

In August 2011, the National Labor Relations Board issued a rule requiring employers subject to Board jurisdiction to post a "Notification of Employee Rights under the National Labor Relations Act." The required poster provided employees with a comprehensive listing of their rights under the National Labor Relations Act, including a detailed list of what the NLRA prohibited their employers from doing.

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