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!

The U.S. Department of Labor has issued model notices to help employers comply with the COBRA changes included in the American Recovery and Reinvestment Act/Stimulus Package. The Act provides a temporary COBRA premium subsidy for employees who lose group health coverage due to an involuntary termination of employment between Sept.1, 2008 and Dec. 31, 2009. Eligible individuals must be notified of the availability of the subsidy and additional special election opportunities.  For more information: http://www.cbia.com/ieb/er/COBRA/2009StimulusCOBRA.htm.

Web-only features

• Family Business: Tools and Techniques to Survive the Stress of These Trying Times (Web presentation)
• Highlights from CBIA's 2009 Health, Wellness, and Safety Conference (webcast)
• Preserving Human Capital in The Economic Crisis (Web presentation)
• Highlights of the Federal Stimulus Package for Connecticut Businesses (Web presentation)
• Videos from two of our speakers highlighting what we discussed at CBIA's 2009 Health, Wellness, & Safety Conference.
• Managing in Uncertain Times (Web presentation)
• The Challenge of Environmental and OSHA Regulation of Nanotechnology
• Protecting Your Nanotechnology Ideas and Your Bottom Line
• Consider Telecommuting to Attract and Retain Talent in Your Organization
• Workers With Caregiving Responsibilities (Presentation on new EEOC guidance)
• Health care reform: A common sense approach (video)
• Web presentation: Find out how Telecommuting Works!

Minimum wage reminder:

Connecticut's minimum wage increased to $8.00 on January 1, up from $7.65. To order an updated minimum wage poster, contact CBIA at 860 244 1900 or e-mail us at registrar@cbia.com.

Labor and employment legislation: 'Too close for comfort' on bad proposals
The 2009 session of the General Assembly was very challenging for Connecticut employers on the labor front. Several attempts were made to pass legislation that would have put businesses at a serious competitive disadvantage. Read the full story.

Employees say long hours self-imposed

More than half of employees across the country admit that the pressure to work long hours is generally self-imposed rather than forced by a supervisor, according to a survey by the Society for Human Resource Management (SHRM).

Roughly 72% of the polled employees say they work through lunch while 70% report working beyond scheduled time and on weekends. But when asked why, only one in five employees (21%) cite “pressure from immediate supervisor” as the reason for working extra hours. Even fewer (12%) cite “pressure from top management” as a source of pressure. Forty-four percent cite “meeting project or performance goals” and another 12% cite advancing their individual career goals as the motivation.

The survey also found that e-mail is a factor in after-hour work. Employees indicated that they frequently or occasionally check work e-mail after work hours (59%), while taking sick leave (52%), and while on vacation (49%).

The survey polled 605 employees about their perceptions regarding sick leave, flex time work arrangements, and work beyond the official work day.

EEOC considers new ADA rules

 The Equal Employment Opportunity Commission (EEOC) plans to revise its regulations to conform to the recently amended Americans with Disabilities Act (ADA).

The ADA Amendments Act took effect on January 1, 2009. The Act emphasizes that the definition of “disability” should be construed in favor of broad coverage of individuals to the maximum extent permitted by the terms of the ADA.

The amendments made important changes to the definition of the term disability by rejecting the holdings in several U.S. Supreme Court decisions and portions of the EEOC’s ADA regulations. The effect of these changes is to make it easier for an individual seeking protection under the ADA to establish that he or she has a disability within the meaning of the ADA.

The EEOC has voted to approve a proposed Notice of Proposed Rulemaking (NPRM). The proposed NPRM will be sent for comment by other federal agencies and for approval by the Office of Management and Budget. When this process is completed, the EEOC will publish its NPRM for public comment.

HSA limits for 2010

The Internal Service (IRS) has set the annual inflation adjusted amounts for Health Savings Accounts (HSA) under Section 223 of Internal Revenue Code.

For calendar year 2010, the limitation on contributions for an individual with self-only coverage under a high deductible health plan is $3,050. The annual limitation on contributions for an individual with family coverage under a high deductible plan is $6,150.

The IRS defines a “high deductible health plan” as a health plan with an annual deductible that is not less than $1,200 for self-only coverage or $2,400 for family coverage, and the annual out-of-pocket expenses (deductibles, co-payments, and other amounts, but not premiums) do not exceed $5,950 for self-only coverage or $11,900 for family coverage.

MA high court: Discharged workers owed vacation time

The Massachusetts Supreme Judicial Court has ruled that employers must compensate discharged employees for their unused accrued vacation time, regardless of the terms of any written vacation policy.

The ruling is consistent with an advisory issued by the Attorney General’s Office in 1999 that unused vacation time amounts to wages under the state Wage Act.

The Court found that the Wage Act does not require employers to offer vacation time, but if vacation time is offered, an employee must be compensated for the unused portion of the vacation time upon discharge. The decision does not address whether employers must compensate employees for unused vacation time when they leave voluntarily.

Click here to read Electronic Data Systems v. Attorney General

In Connecticut, employers may refuse to pay discharged employees for unused vacation time, as long as there is a written policy and the employees have been informed about its terms. To learn more about wage and hour issues in Connecticut, don’t miss CBIA’s Wage and Hour Workshop '09, Sept. 22 at the Crowne Plaza in Cromwell. Register now.

Railroad cited for retaliation

Whistleblower investigations by the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) have found that the Metro North Commuter Railroad Co. retaliated against four employees who reported work-related injuries. OSHA has ordered the railroad, which provides commuter rail service in Connecticut, New York, and New Jersey, to take corrective actions and pay back wages, fees, and punitive damages.

The employees sustained on-the-job injuries in 2007 and 2008 and later filed complaints with OSHA claiming the railroad disciplined them for reporting their injuries, interfered with their medical treatment plans, and reclassified injuries from occupational to non-occupational.

As a result of its findings, OSHA has ordered Metro North to expunge disciplinary actions and references to them from various records; compensate the workers for lost wages or out-of-pocket medical expenses and attorney’s fees; amend its attendance policy so that work-related sick leave not be considered when assessing unsatisfactory attendance or transfer or promotion requests; ensure that reporting occupational illnesses or injuries does not disqualify employees from transfers or promotions; and pay each complainant $75,000 in punitive damages.

OSHA’s investigations were conducted under the whistleblower provisions of the Federal Rail Safety Act (FRSA). Metro North has 30 days from receipt of the findings to file an appeal with the Labor Department’s Office of Administrative Law Judges.

Lawsuit over religious headcovering

The U.S. Department of Justice (DOJ) has filed suit against Essex County in New Jersey, claiming it discriminated against a Muslim corrections officer by refusing to let her wear a religiously mandated headscarf while at work.

Title VII of the Civil Rights Act prohibits employment discrimination on the basis of race, color, sex, national origin and religion. Its religious discrimination provisions require employers to make a reasonable accommodation of employees’ religious observation and practices. The DOJ enforces Title VII’s prohibitions against employment discrimination with respect to state and local governments.

According to the DOJ, the Essex county Department of Corrections (DOC) first suspended the employee and then terminated her on the grounds that her wearing of a khimar (head scarf) violated its uniform policy for corrections officers. The employee allegedly requested a religious accommodation that would permit her to wear the khimar, but the DOC denied her request.

The suit seeks a court order requiring Essex County to adopt a policy that reasonably accommodates the religious observances and practices of employees and prospective employees subject to the DOC’s uniform policy for correction officers. The suit also seeks monetary damages and other relief for the employee.

The suit is one of several the DOJ has filed in recent months. In February, the agency obtained court approval of a settlement agreement with the Washington Metropolitan Area Transit Authority requiring the authority to adopt a religious accommodation policy with respect to its uniform requirements for bus drivers. The DOJ also has a suit pending against the New York City Transit Authority alleging it has discriminated against Muslims, Sikhs, and other employees through its uniform policy.

PROGRAM NOTES

Powered Industrial Truck Train-the-Trainer

Friday, Aug. 7, in Cromwell

New! CBIA's Wage and Hour Workshop '09

Tuesday, Sept. 22, in Cromwell

Sexual Harassment Prevention Training

Thursday, Sept. 24, in North Haven

Watch now:

Nanotechnology: Safety and Health, Environmental, Liability and Intellectual Property Issues…new Web seminar presented by McCarter & English…free to CBIA members

Check out this two part, cutting-edge discussion about emerging issues in nanotechnology, the technology of controlling matter at the scale of one-billionth of a meter. Nanotechnology is increasingly prevalent in our products. More and more workers are being exposed to nano particles in the production of those products, but little is known about how such materials could affect them. In addition, OSHA does not have a specific standard that addresses permissible exposure limits for nanomaterials. Get up to speed on the topic considered the next big issue in worker safety, environmental, product liability and intellectual property concerns.

To access the Web seminar:

http://www.cbia.com/hr/presentation/2008/nanotechnology1/

http://www.cbia.com/hr/presentation/2008/nanotechnology2/

'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.

Find out if your company’s wages and salaries are in line with those of similar businesses right here in Connecticut. Competitive compensation is key to attracting and retaining top performers. This report contains real wages and salaries paid by small, large and midsize Connecticut employers representing various industries and sizes.

More than 150 positions are included in the areas of manufacturing, engineering, accounting, data processing, clerical/administration, purchasing and sales/marketing. Data are reported on a statewide basis and more narrowly by geographic region when possible. The report also includes information about bonuses and the minimum, midpoint and maximum salaries for established position ranges.

In addition, for the first time CBIA has partnered with Adecco, a leader in human resource solutions, to include their salary survey data. As a result of this partnership, we’ve created a comprehensive document that provides a better analysis of salaries and wages paid in Connecticut.

Includes information about more than 150 positions! • Accountant/Financial • Advertising Director • Administrative Assistant • Assembly Foreman • Bench Assembler • Buyer • Customer Service • Director of HR • Director of Marketing • DP Manager • Drill Press Operator • Engineer • Lab Technician • Machine Operator • Mechanical Engineer • Personnel Manager • Production Worker • Programmer • Purchasing Manager • Safety Engineer • Tool, Die and Gauge Maker • TQM Manager

To order, visit the CBIA Store:"Compensation Report"

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.

CBIA Telecommute CT Archives

CBIA Programs, Seminars and Conferences

© 2003 Connecticut Business & Industry Association (CBIA). All rights reserved.

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.