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.
The largest law firm in eastern Connecticut.
 
 

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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.

SNOW DAYS AND PAY DAYS
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I recently received an email that began with, "If it's Monday, we must be having winter weather on Tuesday." It seems like the snow storms, ice storms and wintry mixes keep coming, one right on top of the other. Managing a business or municipality through these unbelievably snowy winter days is a challenge to say the least. One of the challenges faced by Human Resource managers is how to pay employees for snow days. 

In determining pay for employees when a business closes for all or part of a day during severe weather, there is no general state or federal law requiring that non-exempt employees (i.e., those who must be paid overtime after working 40 hours) be compensated for unworked time.  In other words, employers can set their own policies for payment of non-exempt employees when there is a closing or partial closing due to weather.  Two items to keep in mind - first, a collective bargaining agreement may spell out payment provisions in the event of early or full closing; second, an exception to the general rule occurs for non-exempt employees in restaurant, hotel and mercantile industries.  If an employer closes one of these establishments early (e.g., a restaurant opens but then closes when it realizes the severe weather has kept patrons away), these employees otherwise are guaranteed a certain minimal payment.

For exempt, salaried employees, Connecticut Department of Labor regulations provide that "No deduction of any kind shall be made for any part of a workweek absence that is attributable to . . . lack of work occasioned by the operating requirements of the employer."  The Connecticut DOL interprets this provision to mean that, when an employer closes for the full day, opens late or closes early due to severe weather, the employer must pay the employee for the full day, without deducting anything from leave banks.  If the employee already had leave time scheduled, then the employee may be charged the leave.  Further, for any period that the employer is opened and the employee does not go to work, the employer can charge the employee's leave time.  Finally, absent a collective bargaining agreement or contract to the contrary, an employer may require that an exempt, salaried employee to work specific dates and times to, in essence, make up for lost work time occasioned by closings without additional pay.  For example, if the business closes on a Tuesday, the employer may require a non-exempt, salaried worker to spend a couple more hours at work over the next few days, or even go to work on a Saturday to make up the time.

We recommend that employers communicate policies and expectations regarding severe weather in advance so there are no surprises on pay days. Should you have specific questions please feel free to contact us to discuss this issue further. 
    
  
SOCIAL NETWORKING
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With the increased and increasing use of social networking sites such as Facebook, Twitter and MySpace, it is important that employers establish policies and expectations with regard to their employees' use of these networking sites. Whether the employee's social networking use is job-related or personal, there should be an expectation that employees will maintain confidentiality, be respectful of their employer and fellow employees, and post appropriate, non-offensive content.

Encourage your employees to:
  • Think twice before posting (what is posted today may still be around years from today);
  • Always be respectful; and
  • Remember the viewing audience (the social networking world is, or easily can be made, available to the public at large).
We also encourage you to contact us to review employee handbooks and personnel policies to be sure that social networking is addressed and also that cell phone policies and internet policies include the use of social networks. Again, we are available and look forward to discussing this with you further.
 

 

U.S. Supreme Court Case on Retaliation 

On January 24, 2011, the United States Supreme Court issued its opinion in Thompson v. North American Stainless, LP, concerning the potential reach of the anti-retaliation provisions of federal statutes.  The case concerns the standing to sue of persons who have not brought initial discrimination charges or claims to otherwise then assert employer retaliation.  In this case, an engaged couple worked for the same employer.  The female filed a sex discrimination charge with the EEOC; the male later filed a retaliation charge with the EEOC, and then a lawsuit, stating that he was fired in retaliation because his fiancé had filed an EEOC charge.  Noting that the anti-retaliation provisions of Title VII are designed to address employer actions that would dissuade a reasonable worker from making or supporting a discrimination charge, the Court determined that, on the facts alleged, the male was not an accidental victim of retaliation and that the action against the male was designed to punish his fiancé.  As such, the Court determined that the male fell within the "zone of interests" protected by Title VII and that he had standing to pursue his retaliation claim.  The case was remanded for further proceedings. Determining which other individuals (friends, family members) might fall within the "zone of interests" will be driven by the facts of each case. Therefore, it is important for employers to realize that the concept of retaliation may likely extend beyond merely the employee complaining of discrimination.
  
  
  
  
About Our Law Firm
  

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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 eastern 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. 
 
Visit our web site at:  
 
 www.suismanshapiro.com 
 
Or Call:
 
860.442.4416 

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