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Legal Resources for
Labor and Employment Law
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Serving the community for over 70 years with a full range of legal services
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Pictured above (left to right), top row: Attorneys Michael Carey, Matthew Shafner, Eileen Duggan,
Hinda Kimmel, Bryan Fiengo and Eric Callahan. Bottom row: Paralegal Mary Wyatt,
Legal Assistant Lora Murphy and Paralegal Judith Flemming.
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COBRA
On December 21, 2009, the President signed the Fiscal Year 2010 Defense Appropriations Act which extends the eligibility period for the American Recovery and Reinvestment Act of 2009 COBRA premium reduction for an additional two months (through February 28, 2010) and the maximum period for receiving the subsidy for an additional six months (from 9 months to 15 months). Please be advised that notice requirements apply regarding notice to anyone eligible for the COBRA subsidy or terminated from employment on or after October 31, 2009 describing the revised program, and notice to an assistance eligible individuals ("AEIs") affected by the revisions.
GINA
The federal Genetic Information Nondiscrimination Act of 2008 (GINA) prohibits employers from discriminating against employees or applicants based on genetic information. The law applies to all public employers, private employers with 15 or more employees, employment agencies, and labor organizations, effective in November 2009.
At a minimum, we would encourage you to (1) immediately confirm that your equal opportunity statement and nondiscrimination policy explicitly include genetic information as a basis upon which your company does not discriminate; (2) train your human resource professionals and managers on the rights of employees with regard to their genetic information; and (3) implement a procedure that properly and safely maintains your employees' genetic information and its disclosure.
Employment Applications
The employment application is an important part of the hiring process as it provides employers with clear and relevant information about applicants. An application is also a legal document and it becomes a part of a person's permanent file once they are hired. For this reason, the employment application must be thoroughly and carefully reviewed by a qualified attorney before it is used to ensure compliance with state and/or federal employment laws.
Handbooks
Please be sure to review your employee handbooks at least annually to confirm the information provided is current with company policy and state and federal rules and regulations. We currently suggest a review of several policies due to recent changes in law, including COBRA, computer usage, email, confidentiality, and FMLA (military caregiver).
Although the Americans with Disabilities Act (ADA) does not require employers to develop or maintain job descriptions, please note that written job descriptions that are prepared before advertising or interviewing applicants for a job will be considered as evidence, along with other relevant factors, in disputes concerning an individual's ability to perform the job. If you use job descriptions, they should be reviewed to make sure they accurately reflect the actual functions of a job. A job description will be most helpful if it focuses on the results or outcome of a job function, not solely on the way it customarily is performed.
Next Issue
Summer Employment Guide: We'll review the current minimum wage, overtime eligibility, benefits requirements, recordkeeping, and the employment of minors. |
Since Charles Suisman, Max Shapiro and Louis Wool established themselves as skilled eastern Connecticut attorneys in the 1930's and collaborated in the 1950's to form our firm, we have been protecting the interests of average citizens. As our firm has grown, our attorneys have continued to offer innovative, effective solutions for legal problems. Residents and businesses in Connecticut have responded - Suisman Shapiro is now the largest law firm in eastern Connecticut.
Even when Mr. Suisman was joined by partners Max Shapiro and Louis Wool in the 1950's, a general practice attorney could still handle most matters capably. Since then the law has changed. In order to offer comprehensive and effective counsel for today's more complex legal environment, each of our attorneys now focuses on specific practice areas.
Suisman Shapiro continues its tradition of giving back to southeastern Connecticut and participates in many community programs such as scholarships, fundraisers, sponsorships and donations.
The Suisman Shapiro offices are located at 2 Union Plaza, just down the street from the Courthouse in New London, CT 06320.
www.suismanshapiro.com
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Attorney Spotlight
Eileen C. Duggan is Chair of Suisman Shapiro's Labor, Employment, Municipal and Education Law Department and is a Director of the firm.
Ms. Duggan received her Bachelor of Arts, summa cum laude, from Yale University in 1990, and her Juris Doctor from the University of Virginia in 1993. After clerking for the Honorable Barry R. Schaller of the Connecticut Appellate Court, she joined the firm in 1994 and became a Director in 2001. From September 2004 to October 2005, Ms. Duggan worked in the Office of Diversity and Equity at the University of Connecticut, where she investigated and decided claims of discrimination at the University's main and regional campuses.
Ms. Duggan is a member of the Connecticut and New London County Bar Associations. In 2002, Ms Duggan was elected as a Fellow of The Connecticut Bar Foundation James W. Cooper Fellows Program.
Attorney Duggan represents public and private employers and non profit organizations in all aspects of labor relations and employment law, i.e., collective bargaining, contract administration, grievance disputes, personnel policies and practices, wage and hour disputes, and occupational health and safety, appearing on their behalf before the Connecticut State Board of Mediation and Arbitration, the Connecticut State Board of Labor Relations and the American Arbitration Association.
Ms. Duggan also represents public and private employers in matters before the Connecticut Commission on Human Rights and Opportunities and the Connecticut Employment Security (i.e., Unemployment Appeals Division) and various other administrative agencies. In addition to providing training seminars for managers and employees, she is also a certified Police Officer Standards & Training Council Instructor in Personnel Management.
Attorney Duggan advises public and private employers as to compliance with the state and federal Family and Medical Leave Acts, the Americans with Disabilities Act and the Connecticut Fair Employment Practices Act.
Ms. Duggan is the Town Attorney for the Town of Groton and, in this capacity, directs and coordinates the legal services performed by this firm for the Town.
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