Employment Law Section
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.
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.
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.
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.
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."
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.
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.
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.
By ROBERT G. BRODY and REBECCA GOLDBERG
Normally, a court will not question the reasonableness of a contract in determining its enforceability. If you enter into a contract to sell your Mercedes for a dollar, so be it. But covenants not to compete are an exception to this rule. If the contract places unreasonable restrictions on the employee, it will be unenforceable as against public policy.
By GABRIEL J. JIRAN and JARAD M. LUCAN
Both the U.S. Supreme Court and the Connecticut Supreme Court have determined that speech made by public and private employees that occurs within the scope of their official job duties is not constitutionally protected under the U.S. Constitution. However, until recently, no Connecticut state court had decided whether the Connecticut Constitution provided greater speech rights to employees such that the same speech could be protected.
By RACHEL ARNEDT
Under the Affordable Care Act (ACA), "applicable large employers" are required to offer affordable medical coverage to full-time employees and their dependent children, or pay a penalty for failure to do so. This requirement, sometimes called the "employer mandate" or "pay or play," becomes effective for plan years beginning on and after January 1, 2014.
'Stateside' Waiver: A Back Door To Immigration Reform?
By ERIN O'NEIL-BAKER
Congress is on the precipice of enacting comprehensive immigration reform, but a recent policy change by the Department of Homeland Security (DHS) is allowing a limited number of undocumented immigrants to access their own path to legal permanent residency and U.S. citizenship now.
By PETER J. MURPHY
The U.S. Equal Employment Opportunities Commission is the federal agency charged with addressing discrimination in the workplace. As documented in recent articles in the Law Tribune and other legal publications, the EEOC is no longer content just to investigate discrimination claims at the administrative level. Instead, the EEOC has become significantly more active with filing lawsuits against employers in the past several years. These lawsuits can differ from lawsuits brought by private attorneys in several respects.