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The Big Change to COVID-19 Vaccinations in Connecticut

Yesterday, Governor Lamont announced a sweeping change to the way that vaccinations will be distributed in Connecticut. Previously, it was anticipated that workers in essential businesses would receive the vaccines next.  Many businesses started plans for the eventuality. That plan was thrown out. Instead, the governor announced a new age-based plan.  It’s simple and straightforward though it leaves some essential workers and some with pre-existing medical conditions with a further wait for the ...
Tags: Law, Connecticut, Lamont

Not Everyone’s Lawyer?

Should law societies impose gender or age-based restrictions on a lawyer’s practice? Stated otherwise, is it appropriate to permit a lawyer to continue to practice on conditions that restrict their interaction with women (or men) or minors? For the reasons that follow, I believe that the answer to both of these questions is “no”. The issue of practice restrictions of this sort first caught my attention several years ago when a Connecticut lawyer received a lifetime ban on representing women. Thi...
Tags: Law, Star, Connecticut, Facetime, Legal Ethics, Ontario, Manitoba, Toronto Star, Law Society of Manitoba, College of Physicians, Legal Aid Manitoba, Manitoba Law, Manitoba Justice Justice Canada

With Vaccines Increasing and Cases Decreasing, Pandemic Moving to New Phase

So, a year into this pandemic, it’s worth taking stock (again) of where employers are in Connecticut and some of the issues that have been popping up of late that are far different from the issues we faced a year ago. Yes, the pandemic is still with us and likely to still be with us in some form or another for a long while. But, the case statistics in the state (and, indeed, across the United States) show a sustained and significant drop.  Yesterday had one of the lowest positivity rates since m...
Tags: Law, Cdc, United States, Connecticut

Morning Docket: 02.15.21

Ed. note : Due to the Presidents’ Day holiday, we will not be publishing today. We will be back in full force tomorrow. * An impeachment lawyer for Donald Trump said he was "going to Disney World" following Trump's acquittal. Did he pour Gatorade on himself too? [Business Insider * The home of a lawyer representing Donald Trump at his impeachment trial was vandalized last week. [Forbes] * Amazon has filed a lawsuit against the New York Attorney General over employment practices at the comp...
Tags: Amazon, Texas, Law, Connecticut, Donald Trump, Trump, Reuters, Disney World, Morning Docket, New York Attorney General, Attorney General of Texas, Forbes -RSB- Amazon, Thinking Amazon

New White House, New Executive Orders

If you thought the new Biden White House would take it easy on the use of Executive Orders, you haven’t been paying attention.  President Biden has been indicating that he would use Executive Orders liberally in the first few days to either develop policy or turn around policies that he believes should be revoked. The first week has brought a series of orders that address topics from sexual orientation, to the pandemic, to wage increases. My colleagues, Keegan Drenosky and Sarah Westby, and I ha...
Tags: Work, New York, Law, Connecticut, President, Biden, Sexual Orientation, Remote, Lamont, Eric Meyer, OSHA, Executive Orders, Laws and Regulations, Wage & Hour, Legislative Developments, Featured Content

Time to Vote: Pick the Startup Alley Finalists for ABA TECHSHOW 2021

We need your vote! You can help pick the legal technology startups that will be selected for the fifth-annual Startup Alley at ABA TECHSHOW 2021. Fifteen companies will be selected to face off in a virtual pitch competition that will be the opening event of this year’s TECHSHOW. In November, we issued a call for entries. From all the entries we received, a panel of judges narrowed the applications down to 25. Now your votes will select the final 15. The 15 startups with the most votes will get t...
Tags: UK, New York, London, Microsoft, Law, Washington, Russia, Singapore, Uncategorized, US, Eu, Fbi, Chicago, Pandora, Connecticut, Microsoft Office

Free Speech Rights in the Age of Protests and a Pandemic

Lately, I’ve been hearing a lot in the media say that the First Amendment doesn’t apply outside the government. In Connecticut, that’s just not true — particularly when it comes to the private workplace. As I’ve written about before, employees  do have certain free speech rights that have been codified in state law. Conn. Gen. Stat. Section 31-51q to be exact. But those rights are not unlimited and when such speech interferes with the working relationship at the company, it may not be protected...
Tags: Workplace, Law, Connecticut, Speech, Free Speech, First Amendment, Presentation, Webinar, SHRM, Featured Content, 31-51q, Western Connecticut

PinHawk Legal and Professional Newsletters Acquired By Law Business Media

PinHawk LLC, the company that publishes an assortment of free and paid electronic newsletters for the legal and professional services markets, has been acquired by Law Business Media, publisher of Corporate Counsel Business Journal, In-House Ops and In-House Legal Tech. PinHawk’s daily topical newsletters aggregate stories from thousands of sources, with highlights and commentary added by editors who are well-known in their areas of focus. Among PinHawk’s titles are Law Technology Daily Digest, ...
Tags: New York, Law, Uncategorized, Connecticut, Hogan Lovells, Alm, Joe, Kristin, Silverman, McGuireWoods LLP, Bookman, Sidley Austin LLP, Jeffrey Brandt, Rees Morrison, Jackson Kelly PLLC, Joe Calve

Paid Leave is Alive. And Dead. And Coming Back to Life?

If 2020 was a year full of twists and hairpin turns, 2021 is proving to be a worthy successor — at least when it comes to paid leave. There are a lot of news articles out there but I thought a quick recap of where we are (and where we are expecting to go) would be helpful, particularly for those in the Constitution State. For employers in Connecticut, the state paid leave program is now alive and active.  That means that: 1) You should be registered with the state if you are among the covered gr...
Tags: Law, Congress, Joe Biden, Connecticut, Employer, Biden, Sick Leave, Tax Credit, Stimulus, Covered, Authority, Jeff Nowak, FMLA, Paid Leave, Human Resources (HR) Compliance, Laws and Regulations

Vaccines Continue to Roll Out as New Questions Arise

The news this week is both positive and negative regarding the COVID-19 virus. The testing numbers on Tuesday in Connecticut were as bad as they’ve been since Spring 2020. If the virus isn’t everywhere, it sure feels that way. But, on the vaccine front, the news is positive. We are moving this week to starting Phase 1B which may be broader than intiially thought. And more doses are arriving every day. For employers, there’s work to do. Employers in  some essential workplaces — including schools...
Tags: Law, Washington, Connecticut, Vams

What the U.S. Senate Flip May Mean for Employers in Connecticut

With both Jon Ossoff and Raphael Warnock the likely winners of the U.S. Senate races in Georgia, a result that seemed unlikely just two months ago, Congress is suddenly back to being a major player in the next year or two. Over the last several years, the amount of legislation coming out of Congress had slowed to a trickle; Majority Leader McConnell used his powers to block bills that might have otherwise passed. It wasn’t that long ago that pieces of legislation like the ADA Amendments Act pass...
Tags: New York, Laws, Law, Obama, Congress, Senate, Georgia, Regulations, Minimum Wage, New York Times, Connecticut, Employment law, Judge, Biden, Vacancy, Overtime

The Pandemic Isn’t Over: Workplaces At Risk

Where are the clusters of COVID-19 coming from? That was the subject of a state report that was recently reported on by The Hartford Courant. When a team of Connecticut officials traced 84 coronavirus clusters to their origin points, they found that the vast majority of those clusters stemmed from four places: restaurants, workplaces, homes and child care facilities. As the Courant was quick to note, the state report has its limitations; it does not include outbreaks at health care facilities or...
Tags: Law, Connecticut, Hartford Courant

A Look Ahead at 2021 – Another Pandemic Filled Year Unlike Any Other

Back at the start of 2020, I declined to do my usual prognosticating for the year ahead. That was probably wise given the events of the year. Instead, I quoted a post I did ten years earlier: For employers, there will always been the next case or new law that will need to be tracked and followed, but employers that follow best practices in employment law can worry less about those developments and more about the big picture. The employers that can focus on attracting and keeping the best employe...
Tags: Law, Connecticut, Andrea Barton Reeves, Medical Leave Insurance Authority, Barton Reeves, Paid Leave Authority

Morning Docket: 12.29.20

* A new lawsuit alleges that New York City restaurants should be open for indoor dining because this "saves lives." Since I can't cook for my life, I might agree... [New York Post] * A Connecticut lawyer allegedly shot his wife on Christmas Day and then killed himself in an apparent murder-suicide. [Connecticut Law Tribune] * The New York Attorney General is warning of COVID-19 vaccine scams. [Rochester Democrat & Chronicle] * California is now allowing lawsuits for emotional distress even...
Tags: New York Post, Law, California, New York City, Netflix, Connecticut, North Carolina, The Goonies, San Francisco Chronicle, Outer Banks, Connecticut Law Tribune, Goonies, Morning Docket, New York Attorney General, Rochester Democrat Chronicle

Doctors protested Stanford hospital's vaccine rollout after the algorithm it used left out frontline workers and gave shots to high-ranking officials and employees working from home instead

The coronavirus vaccine rollout began after the Food and Drug Administration authorized the Pfizer vaccine for emergency use last week. Jose M. Osorio/Chicago Tribune via AP Doctors protested at Stanford Medical Center Friday, saying the hospital failed to prioritize vaccines for front-line workers and instead gave too many to office staff and others working from home. Internal emails from hospital leadership acknowledged the vaccine rollout plan failed to include enough residents and fell...
Tags: New York, Law, Labor, Stanford, US, Trends, Ap, Virus, Washington Dc, Connecticut, Healthcare, Food And Drug Administration, Mount Sinai, Seyfarth Shaw, San Francisco Chronicle, Jose

What’s In a Name? Be Mindful For Duplicates When Running Background Checks

Back in law school, I submitted a letter and resume for a summer internship at a Chicago lawfirm.  (We did this via letters back then. Ask your parents.) Imagine my surprise when a week or so later I received a letter offering me a position at the law firm. No long interview sessions. And, well, no interviews at all! But alas, I was quick to realize something was amiss. The letter was addressed to a Daniel  J. Schwartz and referenced Northwestern University; I was at Washington University in St...
Tags: Google, Law, Interview, Confusion, Chicago, Connecticut, St Louis, Burger King, Letter, Data Privacy, Hiring, Northwestern University, Schwartz, Daniel, Stamford, Hartford

The US Supreme Court rejects GOP bid to overturn the 2020 election

President Donald Trump arrives to speak at an event on "protecting seniors with diabetes" in the Rose Garden White House, Tuesday, May 26, 2020, in Washington. AP Photo/Evan Vucci The US Supreme Court has rejected a bid by Texas and other Republican-led states to overturn the 2020 election. In an opinion issued Friday, the court said Texas lacked standing and had not demonstrated a right to interfere in how other states administer their elections. The effort to throw out the vote in Pennsy...
Tags: Politics, Texas, Nbc, Law, Washington, US, Trends, Georgia, Pennsylvania, Gop, Tennessee, Connecticut, House Of Representatives, Wisconsin, Michigan, Republican

The US Supreme Court rejects Texas' longshot bid to overturn the 2020 election

Getty The US Supreme Court on Friday rejected a brazen request from Texas and other Republican-led states to overturn the election results in four states: Michigan, Wisconsin, Pennsylvania, and Georgia. The high court said in its opinion that Texas lacked standing to bring the case and had not proven it had a right to interfere in how other states administer their elections. In addition to 17 Republican attorneys general, a majority of House Republicans filed an amicus brief supporting Te...
Tags: Politics, Texas, Nbc, Supreme Court, Law, US, Trends, Georgia, Joe Biden, Cnn, Pennsylvania, Gop, Tennessee, House, Connecticut, Wisconsin

The Work From Home Conundrum: Outdated Laws Meet Staying Safe

Over Thanksgiving, I did something novel (at least for me): I painted my home office space. That, of course, led to the realization that the carpet was hopelessly outdated and, since we were at it, the light fixture was falling apart, and the desk and chair I was working from for the last 9 months were not conducive to 12 hour workdays. And so, over the course of the last week, we replaced them all.  (Used office furniture now is really cheap.)  If I’m going to be working from home for the forse...
Tags: New York, Law, Congress, California, Politico, Connecticut, Lake Tahoe, Empire State

"The multimillionaire former CEO of online shoe store Zappos died on Friday, nine days after he was dragged unconscious by firefighters from a blazing Connecticut house..."

"... in the middle of the night. Tony Hsieh, who was worth an estimated $840 million, had retired three months earlier from the billion-dollar business he helped found, and was just 46 years old. The alarm was raised at 3:30am on November 18 and firefighters forced their way into the New London home after being told someone was trapped inside.... He insisted on a $36,000 annual salary... and he sat in an unassuming cubicle among the other employees. When Zappos set up a new warehouse in Kentucky...
Tags: Death, Marriage, Money, Law, Kentucky, Animals, Happiness, Fire, Connecticut, The Daily Mail, Las Vegas, Marley, Zappos, Tiny Houses, Tony Hsieh, New London

Additional Dismissals of COVID Business Interruption, Civil Authority Claims

    Among the recent decisions dismissing complaints for business interruption and civil authority coverage due to closures caused by COVID-19 are  Pappy's Barber Shops, Inc. v. Farmers Group, Inc. , 2020 U.S. Dist. LEXIS 166808 (S.D. Calif. Sept. 11, 2020) and Sandy Point Dental v. Cincinnati Insurance Co. , 2020 U.S. Dist. LEXIS 171979 (E.D. Ill. Sept. 21, 2020). The difficulty in proving "direct physical loss" was the downfall of both cases.     In Pappy's , claims were made for business in...
Tags: California, Insurance, Connecticut, Calif, LLC, Plaintiffs, Tred Eyerly, Business Interruption, First Party Insurance, Farmers Group Inc, Pappy, Travelers Indem Co, COVID-19, COVID Business Interruption Civil Authority Claims, Barber Shops Inc, Sandy Point Dental

Tired and Thankful, the “Groundhog Day” Life of an Employment Law Attorney

I don’t often let you peek behind the curtain of the Connecticut Employment Law Blog. After all, the focus (for 13+ years!) has always been on “new and noteworthy developments” in employment law for Connecticut businesses. But as we approach Thanksgiving and, well, because these are anything but unusual times, I wanted to share a few personal anecdotes and nuggets from this year that haven’t quite made it into a blog post for one reason or the other. I’m now in month 9 in working from home on es...
Tags: Law, Connecticut, WebEx, WebEx Microsoft

Private Plans for Connecticut’s Paid Family Medical Leave

The timing for employers (which is basically any private business) to register with the state for the new Paid Family Medical Leave program couldn’t be worse or better, depending on your perspective.  It started November 1, 2020 and continues to run. In just six weeks, employers will be required to start withholding .5% of a covered employee’s wages and then make contributions to the state in the form of those collections. But there’s an exemption that employers need to start considering: A priv...
Tags: Voting, Law, Massachusetts, Paid, Connecticut, Contributions, Exemption, Deductions, Paid Leave, Human Resources (HR) Compliance, Laws and Regulations, Paid Family Medical Leave, Featured Content, Paid FMLA and FMLA, Pfmla, Pfmli

COVID Alert CT — the New Digital Contact Tracing system — is Live in Connecticut

Early on in this pandemic, I co-authored a post with ADNET Technologies’ Christopher Luise regarding the possibility of digital contact tracing for COVID-19.  I recapped it in a post here as well.  That possibility is now a reality in Connecticut with the state turning “on” the COVID-19 exposure notification system. First an explanation. As Christopher said: Digital contact tracing is one of these emerging technologies, using mobile devices , data management, automation and anal...
Tags: Law, California, Connecticut, Christopher, COVID, Christopher Luise, Tim Weber, ADNET

Morning Docket: 11.11.20

* The former CEO of McDonald's is asking to be dismissed from a discrimination lawsuit filed by two former executives. Sounds like he could use a Happy Meal... [Restaurant Business] * A Connecticut lawyer has been sentenced to prison for allegedly fleecing donors of a veterans' charity. [Hartford Courant] * Sources suggest that Senator Amy Klobuchar is being considered as a potential Attorney General in the Biden Administration. [CNBC] * The first woman has been elected to become the new Ma...
Tags: Law, Attorney General, Joe Biden, Connecticut, Mcdonald's, Amy Klobuchar, Times, Los Angeles Times, Cnbc, McDonald, Arizona Republic, Hartford Courant, Maricopa County, Happy Meals, Tribune Publishing, Morning Docket

The Road Ahead: What a Biden Win Might Mean for Employers

Well, it’s over. Joe Biden will be the next President of the United States effective January 20, 2021. For employers, the last several years have been filled with several retreats from existing policies.   And over the last year in particular, the Trump administration was busy rolling out new regulations for employers to follow.  It’s not quite as predicted four years ago at this same time but not that far off either. What’s interesting, however, is that those regulations may not be rolled back ...
Tags: Law, Labor, Obama, Congress, California, Senate, Employment, Joe Biden, Gop, United States, Connecticut, 2020, Biden, Election, Trump, EEOC

BREAKING: Governor Issues Rollback of Business Openings; New “Phase 2.1” Coming Friday

At his press conference on Monday afternoon, Governor Lamont previewed a new set of changes to the Sector Rules that businesses have been operating under. These changes rollback some of the openings under Phase 3, and Lamont has called this new version “Phase 2.1”. We’re still awaiting all the details this week; the changes are expected to take effect on Friday. But here’s what’s been released thus far: Restaurants will revert back to 50 percent capacity indoors with 8 people at a table maximum...
Tags: Law, Connecticut, Lamont

Symposium: The First Amendment does not require governments to contract with parties who do not comply with neutral, generally applicable rules

This article is part of a symposium previewing Fulton v. City of Philadelphia. Clare Kindall is the solicitor general for the state of Connecticut, which joined a multi-state amicus brief filed in support of Philadelphia. While in accord with the states’ filed brief, the views expressed here are entirely her own. On Nov. 4, the Supreme Court will hear oral argument in Fulton v. City of Philadelphia, a challenge to Philadelphia’s requirement that any private vendor providing foster care services ...
Tags: Featured, Supreme Court, Law, Virginia, City, Css, Connecticut, Philadelphia, Martin, Fulton, U S Court of Appeals, Catholic Social Services, 3rd Circuit, Schall, Clare Kindall

The Long Dark Fall and Winter for Employers Begins

It’s supposed to snow Friday here in Connecticut. In October. For those of us with memories, we all remember the last time we got substantial snowfall in October in 2011. It ended with lots of power outages and many downed trees. So let’s first hope the snow is just more nuisance than anything else. Far more nefariously, this week has also brought something else — the return and quick rise of the COVID-19 pandemic. The numbers released by the state are sobering. High positivity rates that we hav...
Tags: Law, Massachusetts, Connecticut, FMLA

An Employer’s Guide to Election Day: Time Off for Voting and Threats

Election Day is nearly upon us. But unlike prior years, many Connecticut residents have already voted, thanks to the pandemic-related absentee ballot system uage. Still, next Tuesday, our fellow citizens will still take to the polls from 6 a.m. to 8 p.m. to vote for their favorite candidate.  You can find out where you should vote at this easy to use link. Any Time Off Required? In the last decade, we’ve seen more and more employers offer the day off to vote. But here in Connecticut, the questio...
Tags: Voting, Law, Vote, United States, Connecticut, United Nations, Employer, Bill, Biden, Election, Intimidation, Trump, Laws and Regulations, Wage & Hour, Election Day, Time Off

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