Employment Law Section

The Connecticut Law Tribune

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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.

 

 

Can You Enforce An Unreasonable Restrictive Covenant
 

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.

 

When Is Employee Speech Constitutionally Protected?


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.

 

Figuring Full-Time Employee Status Under ACA
 

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.
 

 

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