What Employers Need to Know Now: Neither an agency fee nor any other form of payment to a public-sector union may be deducted from an employee, nor may any other attempt be made to collect such a payment, unless the employee affirmatively consents to pay
Public Union “Agency Fees” Violate Employees’ First Amendment Rights
On the last day of its 2017‑18 term, the Supreme Court...Read More
Public performance licensing of music is a well-known issue for anyone who operates a small restaurant or bar. Playing or listening to a song, something that seems so ordinary in everyday life and that most consumers wouldn’t give a second thought about, is suddenly something for which the owner/operator of a small restaurant or bar might now be liable for copyright infringement if proper...Read More
Last week, the Supreme Court issued its ruling in the most important business case this term, Epic Systems Corp. v. Lewis, deciding in favor of employers using individual arbitration agreements with class-action waivers in their employment contracts. The decision is a huge win for the many employers who already use individual arbitration agreements with class-action waivers, and for those...Read More
As the current legislative session enters its final week, state lawmakers are preparing to—once again—sacrifice Connecticut employers and entrepreneurs on the altar of political expediency.
Heralded by Democratic lawmakers as “The Largest Overhaul in Modern Connecticut History of Sexual Harassment Law,” the “Times Up Act” is a potent example of policy created to sound great on the campaign...Read More
On May 18, 2016, the U.S. Department of Labor finally released its rules updating the overtime regulations under the Fair Labor Standards Act (“FLSA”) which will take effect December 1, 2016. Not surprisingly, the updates significantly increase the salary threshold for executive, administrative and professional workers (“white collar employees”) and for highly compensated employees and include...Read More
As if the National Labor Relation Board’s aggressive expansion of social media protection wasn’t enough, Connecticut businesses must now contend with new legislation targeting employer’s online activity. On May 19, 2015, Governor Malloy signed into law “An Act Concerning Employee Online Privacy.” With this Act, Connecticut joins more than 20 other states to have legislation restricting an...Read More
For organized labor, Christmas has come early. Unfortunately, Americas’ employers received a lump of a coal
Late last week, President Obama’s National Labor Relation’s Board finalized the so-called “ambush election rules”—a gift that was at the top of every union’s wish list. By speeding up the timeframe for representation elections, this new regulation will significantly handicap employers’...Read More
Earlier this week, the National Labor Relations Board (NLRB) issued a decision (Purple Commc’ns Inc) giving employees the right to use employers’ email systems for non-business purposes—including union organizing. This ruling overturns the Board’s 2007 decision in Register Guard, and opens up yet another front in the partisan Board’s war against employers.
In its decision, the Board declared...Read More
The Connecticut Appellate confirmed today that continued employment alone will not bind an existing employee to an adverse change in contract terms.
In Thoma v. Oxford Performance Materials, Inc., Conn. App. Ct., No. AC 35313, official release 9/23/14, the Court found that a terminated executive was entitled to benefits of her original employment agreement, despite having the executive having...Read More
This morning, the U.S. Supreme Court held that personal care assistants who are paid by the state of Illinois—but mostly supervised by the homecare recipients they serve—are not “full-fledged” public employees. As a result, these employees cannot be forced to pay union dues or fees.
In a 5-4 decision, the majority ruled that requiring personal care assistants to pay union dues would violate...Read More