Find the Connecticut-specific information you need to comply with employment
laws and regulations, and effectively manage your company's most valuable
asset — its people!
Connecticut's minimum wage increased to $8.25 on January 1, up from $8.00. To order an updated minimum wage poster, contact CBIA at 860 244 1900 or e-mail us at registrar@cbia.com.
$1 M in Back Wages for H-1B Workers
A computer consulting company has agreed to pay nearly $1 million in back wages and interest to 135 nonimmigrant workers employed temporarily under the H-1B visa program.
A U.S. Department of Labor (DOL) investigator determined that Smartsoft International, based in Georgia, had violated the visa program's rules by paying some employees less than the prevailing wage applicable in the geographic locations where they performed the work. In addition, some employees were not paid any wages at the beginning of their employment and others were paid on a part-time basis despite being hired under a full-time employment agreement.
The company contested the DOL's conclusions and requested a formal hearing with the department's Office of Administrative Law Judges. As part of this agreement, the company will drop any further challenge.
The H-1B program allows employers to hire nonimmigrant workers in specialty occupations. The law establishes certain standards in order to protect similarly employed U.S. workers from being adversely affected by the employment of the nonimmigrant workers, as well as to protect the H-1B nonimmigrant workers. Employers must attest to the DOL that they will pay wages to the H-1B nonimmigrant workers that are at least equal to the actual wages paid to other workers with similar experience and qualifications for the job in question, or the prevailing wage for the occupation in the area of intended employment, whichever is greater.
State Dedicates $21.5M for Training, Job Creation
The state Bond Commission has approved $21.5 million to fund a number of business loan and job creation initiatives called for in the bipartisan jobs bill passed by the state legislature and signed by the governor earlier this year.
The funding includes:
$15 million for the Connecticut Credit Consortium, a small business loan program that will provide up to $500,000 in loans and lines of credit to businesses and nonprofits employing fewer than 50 people. It provides employers with access to financing for construction, working capital, and other costs to help them retain and create jobs. The program is administered through the state Department of Economic and Community Development (DECD) which is now accepting applications. For more information on the Connecticut Credit Consortium go to www.decd.org
$5 million for the Pre-Seed Support Services Program, which is administered by Connecticut Innovations (CI), and will offer loans to eligible recipients of up to $150,000 to develop new concepts and technologies. The companies must provide at least 50% of private investment dollars for each dollar of public financing. For more information on the Pre-Seed Support Services Program go to www.ctinnovations.com and click on Funding Opportunities.
$1 million to help Connecticut Community-Technical College officials develop short-term retraining and education programs for unemployed individuals through a Community-Technical College Advisory Board . The board will assess training needs and expand access to programs that offer job skills and workforce credits. For more information on Connecticut Community-Technical colleges, go to the Connecticut Department of Higher Education at http://www.ctdhe.org/
$500,000 for a pilot program that will help manufacturers become more energy efficient through a Lean Green Manufacturing Initiative . Manufacturers that employ up to 250 people are eligible for assistance under the Lean Green program. Administered through the state Department of Economic and Community Development (DECD), the program helps employers convert their facilities into energy-efficient plants by using proven lean manufacturing strategies, which focus on eliminating waste and improving productivity. For more information go to www.decd.org.
The Governor says the $21.5 million underscores the state's commitment to job creation, jump-starting the economy, and small business, the prime driver of jobs in Connecticut.
Google Manager Sues for Age Bias
A former director of operations and engineering for Google has been given the green light on his age discrimination suit by the California Supreme Court.
The director said he was fired at age 54 after being told by his superiors that he had failed to adapt to the “Google culture,” described as having “young contributors” and a “super-fast pace.” He also claimed that during his tenure at Google he had been subjected to age-based comments by other employees, who told him his opinions were “too old to matter” and called him “fuzzy,” “lethargic,” and an “old fuddy-duddy.”
The trial court ruled for Google, discounting the employee comments as irrelevant “stray remarks” made by individuals who had no involvement in the decision to discharge. But the appeals court and now the supreme court disagreed, rejecting the “stray remarks” doctrine. Although stray remarks may not have strong probative value when viewed in isolation, said the supreme court, they may corroborate direct evidence of discrimination or gain significance in conjunction with other circumstantial evidence. Who made the comments, when they were made in relation to the discharge decision, and in what context they were made are all factors that should be considered.
The case will be returned to the trial court for a full review of all the evidence in the record.
Fewer Fatal Work Injuries in 2009
The Bureau of Labor Statistics (BLS) says a preliminary total of 4,340 fatal work injuries were recorded in the U.S. in 2009, the smallest annual total since the Census of Fatal Occupational Injuries program was first conducted in 1992. Based on the preliminary count, the rate of fatal work injury for U.S. workers in 2009 was 3.3 per 100,000 full-time equivalent (FTE) workers, down from a final rate of 3.7 in 2008.
The BLS report suggests that economic factors played a major role in the fatal work injury decrease in 2009. Total hours worked fell by 6% in 2009, and some industries that have historically accounted for a significant share of fatal work injuries, such as construction, experienced even larger declines in employment or hours worked.
Some key findings:
Though wage and salary workers and self-employed workers experienced similar declines in total hours worked in 2009, fatal work injuries among wage and salary workers in 2009 declined by 20%, while fatal injuries among self-employed workers were down 3%.
Fatal work injuries in the private construction sector declined by 16% in 2009 following the decline of 19% in 2008.
Fatalities among non-Hispanic black or African-American workers were down 24%. This worker group also experienced a slightly larger decline in total hours worked than non-Hispanic white or Hispanic workers.
The number of fatal workplace injuries in building and grounds cleaning and maintenance occupations rose 6%, one of the few major occupation groups to record an increase in fatal work injuries in 2009.
Transportation incidents, which accounted for nearly two-fifths of all the fatal work injuries in 2009, were down 21% from 2008.
OSHA has announced that BP Products North America will pay a full penalty of $50.6 million stemming from the 2005 explosion at its Texas refinery that killed 15 workers and injured 170 others. The agreement resolves failure-to-abate citations issued after a 2009 follow-up investigation. In addition to paying the record fine, BP has agreed to take immediate steps to protect those now working at the refinery, allocating a minimum of $500 million to that effort.
The agreement identifies many items in need of immediate attention; the company has agreed to address those concerns quickly and to hire independent experts to monitor its efforts. The agreement also provides an unprecedented level of oversight of BP's safety program, including regular meetings with OSHA, frequent site inspections, and the submission of quarterly reports for the agency's review. Finally, BP has agreed to establish a liaison between its North American and London boards of directors and OSHA, which will allow the agency to raise compliance problems at the highest level.
During the 2009 follow-up investigation, OSHA also identified 439 new willful violations and assessed more than $30 million in penalties. Litigation before the OSH Review Commission regarding those violations and penalties is not impacted by the $50.6 million settlement.
A recent Gallup poll finds that 67% of U.S. adults drink alcohol, a slight increase over last year and the highest reading recorded since 1985 by 1 percentage point.
Despite some yearly fluctuations, the percentage of Americans who say they drink alcohol has been remarkably stable over Gallup's 71 years of tracking it. The high point for drinking came in 1976-1978, when 71% said they drank alcohol. The low of 55% was recorded in 1958.
A majority of Americans in most demographic subgroups of the population drink, though in some groups drinking is more prevalent than in others. Older Americans (59%) are less likely to drink than those who are younger (72%); those with the lowest education levels and lowest incomes are less likely to drink than others.
The poll also found that beer is the beverage of choice among Americans who drink alcohol, as it has been every year since 1992—with the exception of 2005, when wine edged into the top spot.
Southern CT SHRM and CBIA Present Legal Full-Day Legal Symposium on the Latest HR Issues
HR education is critical. There is much to learn and significant issues of which to keep abreast. Affiliation with the right organizations is key to successfully staying on top. CBIA, through its services and programs, has developed a strong affiliation with the SHRM CT HR Council, including seven local chapters. Through this network, we are constantly striving to broaden our resources to make sure HR professionals like you are getting the most up-to-date and useful information to grow and succeed in your jobs.
That's why we encourage you to attend the Southern CT's SHRM's legal symposium, “Driving Successful Business and Compliance Strategies to Navigate Today's Employment Law Environment," on Oct. 6 on the UCONN Stamford campus. The full-day agenda, presented by employment law experts from Jackson Lewis covers:
'What To Do about Personnel Problems in Connecticut'
CBIA has partnered with Connecticut Human Resource Reports LLC to offer members one of the most comprehensive sources on HR issues in Connecticut. What to Do About Personnel Problems in Connecticut delivers clear, straightforward, state-specific guidance for handling all the employment-related and HR issues that crop up in your organization on a daily basis. It provides advice on hundreds of key issues and includes an updating service that ensures you'll never be without the very latest information.
The guide covers such issues as
• Absenteeism
• FMLA leave
• Wage and hour issues
• Workers' compensation
• Discipline and discharge
• Record-keeping
• Safety and health
What to Do About Personnel Problems in Connecticut is available to CBIA members for only $350—a $50 savings off the regular price. After the first year, renew for $299 (also a $50 savings) and continue to receive regular updates. For more information or to order, contact Lise Cliche at 860-244-1977 or lise.cliche@cbia.com.
Who should telecommute?
The success of a telecommuting program largely depends on which employees are chosen to become telecommuters. Not all employees are suited to telecommuting or even want to telecommute; so determining who can be a successful telecommuter is key.
Employees best suited for telecommuting are:
Familiar: Those who are familiar with their work, organization, its culture and colleagues.
Autonomous: They are independent, self-starters who do not require hands-on supervision to complete their work.
Disciplined: They are motivated, self-disciplined and able to ignore distractions and focus on the work without being “managed.”
Communicators: Are adept at communicating quickly and effectively with colleagues – when they work remotely.
Independent: Telecommuters should not need constant social interaction with colleagues in the office.
Equipped: Successful telecommuters have well-equipped home offices that are safe, quiet, ergonomically sound and meet the needs of the requirements of the company’s telecommuting program.
Telecommute Connecticut recommends that employers use a “Self-Nomination Form,” which gives employees the option to describe their pro-telecommuting characteristics, the telecommuting site and proposed work to be done while telecommuting. This helps both employers and employees determine if they are suited to telecommuting.
It’s important to remember that telecommuting should be offered at the discretion of the employer. In fact, it is always a good idea to mention that telecommuting is neither a perk nor an entitlement or benefit.
Telecommute Connecticut!, a commuter service of the Connecticut Department of Transportation, provides Connecticut employers with free assistance to custom-design, develop and implement telecommuting best practices for qualified employees. For more information about Telecommute Connecticut!, visit www.telecommuteCT.com or call (800) 255-7433.
Are you in compliance with state and federal posting requirements?
CBIA has all the posters you need to comply with your state and federal posting obligations. Click here to find out what your company needs to post. After you find out what you need to post, click here for more information on CBIA's poster kits.
Don’t waste valuable time trying to research and track down the posters separately. Depend on CBIA to take care of your poster needs — we’ve already got the posters ready for you. To review our available posters or for a complete CBIA Poster Compliance Kit, click here.
The articles, forms and other materials available through this Web site
are for informational purposes only. They are not intended as legal advice
or as a solution to an individual problem. You are encouraged to consult
with appropriate legal counsel prior to relying on the materials in whole
or in part.
