NOTES FOR OUR SUBSCRIBERS

Employee Compensation in Connecticut is now on our website: Subscribers to our loose-leaf reference service, Employee Compensation in Connecticut, can now access the entire volume from the Internet. Subscribers will soon receive a letter from CTHRR describing how to log in to this resource. In the meantime, if you need immediate access, please send an e-mail, including your name and the organization name, to hr@CTHRR.com. We'll respond immediately.

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CONNECTICUT HR NEWS

Hartford, New Haven: Hispanic Population Nears Milestones:

“Hispanics are on pace to outnumber black people in Hartford and New Haven counties for the first time in history, according to new population data….” • Source: http://www.courant.com • For further information on this topic see the page: Civil Rights , in What to Do about Personnel Problems in Connecticut • [07 August 2008].

Deducting Advances on Commissions Requires Specific Agreement:

The Connecticut Supreme Court has held that if an employer seeks to be reimbursed for advances or draws against unearned commissions, then the employer must prove that the employee agreed to repay the excess commissions. Simply referring to the monies as “advances” or “draws” is not sufficient to create an obligation on the part of the employee to repay them. [Ed.: In light of this, any employer that makes use of advances or draws against future earnings should have counsel review the applicable employment agreements.] • Source: http://www.jud.ct.gov • For further information on this topic see the page: Deductions from Pay , in What to Do about Personnel Problems in Connecticut • [06 August 2008].

Wolcott: Man Alleged in Workers’ Comp Fraud:

“According to the arrest warrant affidavit, Mr. Ouellette claimed to have suffered a work-related injury on April 5, 2005, while working for Meineke Car Care Center of Wolcott. From April 5, 2005 through March 27, 2007, he received more than $10,000 in medical and wage benefits while claiming to be unable to work, the warrant states. Mr. Ouellette, a licensed home improvement contractor, worked on home construction and remodeling projects during much of the time period he claimed to be totally or partially disabled, the warrant alleges.” • Source: Source: http://www.ct.gov/csao/cwp/view.asp?a=1801&q=420484 • For further information on this topic see the page: Workers’ Compensation , in What to Do about Personnel Problems in Connecticut • [05 August 2008].

Windsor Locks: OSHA Proposes $133,000 in Fines:

The U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) has proposed $133,000 in fines against C&S Wholesale Grocers Inc. for alleged repeat and serious safety violations at its Windsor Locks, Conn., warehouse. Specifically, OSHA has issued the company three repeat citations, carrying $112,500 in proposed fines, for several instances of large metal storage racks that were unstable due to snapped, bent or twisted cross bracing or main supports; open-sided work platforms lacking railings or equivalent protection against falls of up to 18 feet; and ungrounded energized metal dock lights. OSHA cited C&S Wholesale Grocers for these same conditions in 2004, 2005 and 2006. The inspection also identified new hazards including unguarded pulleys, lack of auxiliary lighting on pallet jacks and exposed live electrical wiring. The company has 15 business days from receipt of its citations to contest them. • Source: USDOL-OSHA • For further information on this topic see the page: OSHA , in What to Do about Personnel Problems in Connecticut • [04 August 2008].

Candidates Split on “Free Choice” Bill:

“Seen by the AFL-CIO as a way to boost union rolls by hundreds of thousands of new members, the hotly-contested bill has become this year's No. 1 election issue for organized labor…. ‘We're ready to play offense for organized labor. It's time we had a president who didn't choke saying the word union. A president who strengthens our unions by letting them do what they do best: organize our workers,’ Mr. Obama told the AFL-CIO in Philadelphia on April 2. ‘I will make it the law of the land when I'm president of the United States,’ Mr. Obama told the labor federation. Republican presidential candidate Sen. John McCain, a staunch opponent of the bill, has said it would deny a democratic right of workers to decide by secret ballot whether they will come under union representation or not.” • Source: http://washingtontimes.com:80/news/2008/jul/31/obama-supports-union-organizing/ [1] • For further information on this topic see the page: Solicitation , in What to Do about Personnel Problems in Connecticut • [31 July 2008].

Roxbury: Woman Allegedly Collected WC while Running Nursery:

“Roxbury woman accused of workers' comp fraud: State prosecutors have charged a 42-year-old Roxbury woman with defrauding the state workers' compensation system. Officials say Michelle Stuart collected more than $200,000 in wage and medical benefits from the state since suffering a work-related injury in 1988….” • Source: Waterbury Republican-American • For further information on this topic see the page: Workers’ Compensation , in What to Do about Personnel Problems in Connecticut • [30 July 2008].

Sexual Harassment Training Reminder:

Under Connecticut law, employers of 50 or more must provide new supervisors with two hours of training on sexual harassment regulations and the remedies that are available to victims of sexual harassment. If you've hired any supervisors or promoted anyone from the ranks to a supervisory position, they are supposed to receive this training within six months of their appointment. • Source: CTHRR.com • For further information on this topic see the page: Harassment , in What to Do about Personnel Problems in Connecticut • [29 July 2008].

Connecticut “Gas Crunch” Survey Results:

In late June and early July, 2008, CTHRR conducted a survey of 247 Connecticut employers to learn how they are dealing with the “gas crunch.” We asked these employers how concerned they were about the rising cost of fuel and specifically what effects of higher gasoline prices concerned them the most. We also inquired about the actions that employers were taking to assist their employees with their commuting problems: what they are doing now, as well as what they plan—and don’t plan—to do. Subscribers can find the full survey report on our website: Login and go to “Hot Topics.” Non-subscribers can receive an executive summary of the results by sending e-Mail containing name, organization, and mailing address to: HRanswers@CTHRR.com • Source: CTHRR.com • For further information on this topic see the page: Commuting , in What to Do about Personnel Problems in Connecticut • [28 July 2008].

Connecticut Employer Zapped for Not Paying Wages when Due:

The Connecticut Supreme Court has held that an agreement between an employer and his employees that back wages will not become “due” until the employer receives revenue sufficient to pay those wages is contrary to public policy. In this case, at the time of the agreement, the defendant already owed his employees back wages for work they previously had performed. Although the Court has previously held that an agreement to defer the accrual of future wages until an employer receives income is not contrary to public policy (Ravetto v. Triton Thalassic Technologies, Inc., 285 Conn. 716, 725, 941 A.2d 309 (2008)), because the wages in this case already had accrued and become due within the meaning of § 31-71b, the agreement violates the statute. • Source: State Of Connecticut v. Daniel P. Lynch (Sc 17996) • For further information on this topic see the page: Payment of Wages , in What to Do about Personnel Problems in Connecticut • [24 July 2008].

Religion: EEOC on Religion and the Workplace:

The U.S. Equal Employment Opportunity Commission has issued a new Compliance Manual Section regarding workplace discrimination on the basis of religion. The Section addresses what constitutes “religion” within the meaning of Title VII; disparate treatment based on religion; the requirement to reasonably accommodate religious beliefs and practices; religion-based harassment; and retaliation. The Section also provides guidance on the sometimes complex workplace issues involved in balancing employees’ rights regarding religious expression with employers’ need to maintain efficient, productive workplaces. • Sources: • Compliance Manual: http://www.eeoc.gov/policy/docs/religion.html • Q & A: http://www.eeoc.gov/policy/docs/qanda_religion.html • Best Practices: http://www.eeoc.gov/policy/docs/best_practices_religion.html • For further information on this topic see the page: Religious Discrimination , in What to Do about Personnel Problems in Connecticut • [23 July 2008].

Retirement: SSA Unveils Social Security Income Calculator:

The Social Security Administration has a new online calculator at that will provide immediate and personalized benefit estimates to help people plan for their retirement. The Retirement Estimator is tied to a person’s actual Social Security earnings record and eliminates the need to manually key-in years of earnings information. • Source: http://www.socialsecurity.gov/estimator/ • For further information on this topic see the page: Social Security , in What to Do about Personnel Problems in Connecticut • [22 July 2008].

Connecticut Governor: Stick to 5-Day Week:

“Questioning the idea of a four-day workweek at the state and local level, Gov. M. Jodi Rell spoke strongly Wednesday in favor of a five-day workweek. Rell said the public expects—and demand— service from their taxpayer-paid employees, and that's the way it should remain. The four-day workweek ‘might be pushing it,’ she said.” • Source: Hartford Courant • For further information on this topic see the page: Hours of Work , in What to Do about Personnel Problems in Connecticut • [21 July 2008].

Connecticut Residents to Receive UC Extension Letters…by the Thousands:

Governor Rell announced that the state Labor Department is mailing letters to thousands of unemployed men and women who may be eligible for a 13-week extension of Unemployment Insurance benefits if they have filed an unemployment claim on or after May 1, 2006 on which they have exhausted benefits. • Source: Governor’s Office • For further information on this topic see the page: Unemployment Compensation , in What to Do about Personnel Problems in Connecticut • [18 July 2008].

Connecticut Towns Eye Four-Day Workweek:

“Officials in several Connecticut towns have hit upon a new way to save money: Shut town hall one extra day of the week. This may save the towns about $50,000, particularly in rising fuel costs. Officials are citing those rising costs as the reason they're switching to a four-day workweek. Redding, Sterling, and Salem have already implemented the adjusted schedule, and Tolland, Middletown, Stafford and other towns are researching it.” • Source: Hartford Courant • For further information on this topic see the page: Hours of Work , in What to Do about Personnel Problems in Connecticut • [14 July 2008].

U.S. Rate of Employee Turnover was 3.2% in May:

The job openings rate remained essentially flat from August 2006 through September 2007 then began trending downward, driven by decreases in manufacturing; transportation, warehousing, and utilities; and information. As the declines in these industries leveled off, the job openings rate has remained at 2.6 percent in March, April and May. The hires rate has trended downward since July 2006 and in May was at the lowest point in almost five years. The same industries that drove the decline in the job openings rate have driven the decline in the hires rate: manufacturing; transportation, warehousing, and utilities; and information. The separations rate began an overall downward trend in November 2006, driven by declines in several industries, but has leveled off in 2008. • Source: USDOL • For further information on this topic see the page: Turnover , in What to Do about Personnel Problems in Connecticut • [11 July 2008].

Connecticut’s Population Growth:

“Connecticut's population grew by less than two-tenths of 1 percent last year. The state picked up an additional 6,556 residents, the equivalent of 39 more people per town statewide…population experts at the data center say the numbers show that 59 of the state's 169 towns and cities saw their populations decline.” • Source: www.boston.com • For further information on this topic see the page: Statistics, in What to Do about Personnel Problems in Connecticut • [10 July 2008].

Reminder: New I-9 in Use:

As we pointed out several weeks ago, the U.S. Citizenship and Immigration Services has issued a new for I-9 that employers should begin to use immediately. A copy of the form can be downloaded from the CTHRR website: Login, go to “Federal Laws, Regulations and Resources” and scroll down to “Immigration Resources.” NOTE: Although there are no substantive changes in the form, USCIS still wants employers to use the new I-9 • Source: CTHRR • For further information on this topic see the page: Immigration , in What to Do about Personnel Problems in Connecticut • [09 July 2008].

Connecticut Extends Unemployment Benefits 13 Weeks:

“Governor M. Jodi Rell today announced that hundreds of unemployed men and women in Connecticut may be eligible for a 13-week extension of Unemployment Insurance benefits. Governor Rell signed an agreement to the extension with the U.S. Department of Labor on Tuesday. Unemployment benefits normally last for 26 weeks. Governor Rell said the 13-week extension is good news for Connecticut residents who are out of work.” The first payable week for the extension is for the week ending July 12. • Source: CTDOL • For further information on this topic see the page: Unemployment Compensation, in What to Do about Personnel Problems in Connecticut • [08 July 2008].

Connecticut Unemployment Claims Up 8%:

Unemployment claims for the two-week period ending June 28 averaged 47,473, up 3,535 or 8.0 percent from the previous period. Compared with the same period a year ago – when the number of claims statewide totaled 40,600 – unemployment claims are up by 6,873. This is a 16.9 percent increase. Regular state initial (first-time) filings increased to 5,834 from the prior two-week level of 3,634. • Source: CTDOL • For further information on this topic see the page: Unemployment Compensation, in What to Do about Personnel Problems in Connecticut • [07 July 2008].

Don’t Fall for Labor Poster Scam:

If you want to purchase the required state and federal labor posters from a vendor because they’re good looking and packaged effectively…several posters combined into one, for example…that’s fine. Just don’t be buffaloed into thinking you have to purchase them. Unscrupulous purveyors of these posters often send out letters telling you that you must display a new poster or update an old one—or face major penalties! But you don’t have to buy them. They’re free. You can get the posters from the state and federal agencies that are listed in the Notices · Posters section of Volume 1 of your What to Do about Personnel Problems in Connecticut service. Several of the posters can also be downloaded from www.CTHRR.com. However, if you want to save room on your ever-more-burdened bulletin board and keep it looking neat and clean, you may wish to check out the posters offered by Business & Legal Reports: • Source: http://www.blr.com/product.cfm/product/2410xx00/funcode/WI04 • For further information on this topic see the page: Notices · Posters, in What to Do about Personnel Problems in Connecticut • [02 July 2008].

E-Verify: Will It Be Funded?

The Society for Human Resource Management says that the House Appropriations Committee [U. S. Congress] has voted not to fund DHS’s E-Verify program beyond November 30 when it expires. What will be the final outcome of this is hard to say, but federal contractors may decide not to rush into signing up for the program. Nevertheless, although the regulation requiring federal contractors to use E-Verify is still in the proposed stage, and while no date has been set as to when contractors must begin using the system, federal contractors should be alert for E-Verify to appear as a condition of new contracts. • Source: CTHRR • For further information on this topic see the page: Immigration , in What to Do about Personnel Problems in Connecticut • [30 June 2008].

Connecticut on July 3: Business as Usual:

A recent CTHRR survey found that virtually all (95%) of responding CT employers plan to be open for business as usual on Thursday, July 3. The remainder are planning to be open for only a half day, or to close 1 or 2 hours early. • Source: CTHRR • For further information on this topic see the page: Holidays, in What to Do about Personnel Problems in Connecticut • [25 June 2008].

IRS Increases Mileage Allowance:

The Internal Revenue Service announced an increase in the optional standard mileage rates for the final six months of 2008. Taxpayers may use the optional standard rates to calculate the deductible costs of operating an automobile for business, charitable, medical or moving purposes. The rate will increase to 58.5 cents a mile for all business miles driven from July 1, 2008, through Dec. 31, 2008. This is an increase of eight (8) cents from the 50.5 cent rate in effect for the first six months of 2008, as set forth in Rev. Proc. 2007-70. In recognition of recent gasoline price increases, the IRS made this special adjustment for the final months of 2008. The IRS normally updates the mileage rates once a year in the fall for the next calendar year. • Source: IRS • For further information on this topic see the page: Travel Time & Expenses, in What to Do about Personnel Problems in Connecticut • [24 June 2008].

Connecticut Legislature Overrides Governor’s Veto of Minimum Wage Bill:

The veto was overruled by the House and the Senate on June 23. The bill will raise the state minimum hourly wage from $ 7.65 to $ 8.00 beginning January 1, 2009, and to $ 8.25 beginning January 1, 2010. • Source: Connecticut Legislature • For further information on this topic see the page: Minimum Wage, in What to Do about Personnel Problems in Connecticut • [24 June 2008].

Immigration: New I-9 in Use:

U.S. Citizenship and Immigration Services has issued a new for I-9 that employers should begin to use immediately. A copy of the form can be downloaded from the CTHRR website: Login, go to “Federal Laws, Regulations and Resources” and scroll down to “Immigration Resources.” • Source: CTHRR • For further information on this topic see the page: Immigration, in What to Do about Personnel Problems in Connecticut • [23 June 2008].

Connecticut Not Affected by Federal Minimum Wage Change:

The second of three scheduled increases in the federal minimum wage will take effect on July 24…bringing the federal minimum to $6.55/hour. As Connecticut’s minimum is $7.65, state employers are already paying above the new federal rate so the increase in the federal rate has no effect in our state. If you have facilities in other states, however, you will want to be prepared for the change. • Source: CTHRR • For further information on this topic see the page: Minimum Wage, in What to Do about Personnel Problems in Connecticut • [20 June 2008].

Connecticut Added 2,900 Jobs in May, but Unemployment Jumped to 5.4%:

The state’s nonfarm employment in May was 1,701,800, an increase of 2,900 jobs from the revised April 2008 figure; this is a gain of 5,100 from the May 2007 total of 1,696,700 jobs. Unemployment: The estimate of people unemployed increased in May 2008 by 13,500 over the month to 101,600, while the unemployment rate increased by seven-tenths of a percentage point from April 2008 to 5.4 percent, one-tenth of a percentage point below the national rate of 5.5 percent. In comparison with the May 2007 unemployment rate of 4.4 percent, this month’s rate saw an increase of one percentage point over the year. Hours and Earnings: The manufacturing production workweek in May 2008, not seasonally adjusted, averaged 42.6 hours, up four-tenths of an hour from the May 2007 figure of 42.2 hours. Average hourly earnings at $20.95, not seasonally adjusted, were up $0.66 from May 2007 when they were $20.29. The resulting average weekly wage for manufacturing workers in May 2008, at $892.47, was up $36.23, representing an increase of 4.2 percent from a year ago. • Source: CTDOL • For further information on this topic see the page: Statistics, in What to Do about Personnel Problems in Connecticut • [19 June 2008].

Forecast: Hiring will Slow in 3rd Quarter:

“U.S. employers are projecting a slight decline in hiring for Quarter 3 2008, according to the seasonally adjusted results of the latest Manpower Employment Outlook Survey conducted quarterly by Manpower Inc…. Of the 14,000 U.S. employers surveyed, 26% expect to increase their workforces during the July - September period, while 10% expect to scale back their payrolls for a net employment outlook of 16% (seasonally adjusted 12%). Fifty-eight percent expect no change in the hiring pace, and 6% are undecided about their hiring plans.” • Source: www.us.manpower.com • For further information on this topic see the page: Hiring · Recruiting , in What to Do about Personnel Problems in Connecticut • [18 June 2008].

New Public Law Affects HR Files, Records:

Governor M. Jodie Rell has sign a new law that requires anyone possessing personal information about another person to safeguard it and the computer files and documents containing it. “Personal information” is information that can be associated with an individual through an identifier like a Social Security number; requires any business that collects Social Security numbers to create a privacy protection policy that must ensure confidentiality of Social Security numbers; exempts state agencies and political subdivisions from the duty to safeguard personal information. Effective 10/1/2008. • Source: Connecticut Legislature • For further information on this topic see the page: Privacy, in What to Do about Personnel Problems in Connecticut • [16 June 2008].

Weekly Pay Increasing at 3.2% Annual Rate, but Workers Losing vs. Cost-of-Living:

Average weekly earnings in the U.S. rose by 3.2 percent, seasonally adjusted, from May 2007 to May 2008. After deflation by the CPI-W, average weekly earnings decreased by 1.2 percent. Before adjustment for seasonal change and inflation, average weekly earnings were $601.10 in May 2008, compared with $583.01 a year earlier. • Source: USDOL • For further information on this topic see the page: Consumer Price Index, in What to Do about Personnel Problems in Connecticut • [13 June 2008].

Update on DHS Designation of E-Verify as Employment Eligibility Verification System for All Federal Contractors:

The Department of Homeland Security has designated E-Verify, operated by U.S. Citizenship and Immigration Services in partnership with the Social Security Administration, as the electronic employment eligibility verification system that all federal contractors must use as required by Executive Order 12989. E-Verify is a free, Internet-based system that allows enrolled employers to confirm the legal status of new hires within seconds. More than 69,000 employers currently rely on E-Verify to determine that their new hires are authorized to work in the United States. Employers have run more than 4 million employment verification queries so far in fiscal year 2008. Of those queries, 99.5 percent of qualified employees are cleared automatically by E-Verify. Agencies responsible for federal acquisition regulations will send a Notice of Proposed Rulemaking to the Federal Register soliciting public comment on proposed changes to these regulations. Comments will be accepted for 60 days. No date has been set as to when contractors must begin using the system. Presumably it will be after the expiration of the 60-day comment period. However, federal contractors should be alert for E-Verify to appear as a condition of new contracts. NASA issued its request for comments in the Federal Register on June 12. • Source: DHS • For further information on this topic see the page: Immigration, in What to Do about Personnel Problems in Connecticut • [13 June 2008].

Women 81, Men 75

“For the first time, U.S. life expectancy has surpassed 78 years, the government reported Wednesday, although the United States continues to lag behind about 30 other countries in estimated life span. The increase is due mainly to falling mortality rates in almost all the leading causes of death, federal health officials said. The average life expectancy for babies born in 2006 was about four months greater than for children born in 2005.” • Source: The New Haven Register • For further information on this topic see the page: Life Insurance, in What to Do about Personnel Problems in Connecticut • [12 June 2008].

Average Compensation in U.S.: $28.46 per Hour

Employers spent an average of $28.46 per hour worked for compensation in March 2008. Wages and salaries averaged $19.83 and benefits averaged $8.63. Health insurance was the largest individual benefit cost at $2.26 per hour worked, which accounted for 7.9 percent of total compensation costs. • Source: USDOL • For further information on this topic see the page: Benefits , in What to Do about Personnel Problems in Connecticut • [11 June 2008].

DHS Designates E-Verify as Employment Eligibility Verification System for All Federal Contractors

The Department of Homeland Security today designated E-Verify, operated by U.S. Citizenship and Immigration Services in partnership with the Social Security Administration, as the electronic employment eligibility verification system that all federal contractors must use as required by Executive Order 12989. E-Verify is a free Internet-based system that allows enrolled employers to confirm the legal status of new hires within seconds. Agencies responsible for federal acquisition regulations will send a Notice of Proposed Rulemaking to the Federal Register today soliciting public comment on proposed changes to these regulations. Comments will be accepted for 60 days. More than 69,000 employers currently rely on E-Verify to determine that their new hires are authorized to work in the United States. Employers have run more than 4 million employment verification queries so far in fiscal year 2008. Of those queries, 99.5 percent of qualified employees are cleared automatically by E-Verify. • Source: DHS • For further information on this topic see the page: Immigration, in What to Do about Personnel Problems in Connecticut • [09 June 2008].

Connecticut Legislature Reinstates “Bagger” Law:

Public Law 08-108 reinstates retroactively to 9/30/2007 a law that permits 15-year-olds to be employed as baggers, cashiers, or stock clerks in retail businesses under the same conditions which 15-year-olds were allowed to work under the law that expired on 9/30/2007. • Source: CTDOL • For further information on this topic see the page: Child Labor, in What to Do about Personnel Problems in Connecticut • [09 June 2008].

Connecticut DOL Adds to Lost Personal Documents Debacle:

“The Connecticut Department of Labor is notifying approximately 2,100 customers that files containing copies of letters sent to them regarding their unemployment insurance claim cannot be located. ‘Although the agency strongly believes that the letters were mistakenly shredded along with others that were being rightfully destroyed, we feel it is in the best interest of our customers to be proactive in our efforts to ensure that personal information is not compromised,’ noted State Labor Commissioner Patricia H. Mayfield. The ‘Notice of Decision’ letters, dated from May 2 to May 20, 2008, were sent to 2,160 customers who applied for unemployment insurance, but were not eligible to collect. Copies of the letters, which must be kept on file for three years, contained personal information, including name, address and Social Security number.” • Source: http://www.ctdol.state.ct.us/communic/2008-6/contacting.htm • For further information on this topic see the section: Security, in What to Do about Personnel Problems in Connecticut • [06 June 2008].

New Law Affects Hours of Work for Employees on Jury Duty:

Connecticut Governor Rell has signed PA 08-103 which clarifies that an employer is prohibited from depriving an employee of employment or threatening or coercing the employee because the employee receives a jury summons. The law specifies that an employee who serves eight hours of jury duty in a day is considered to have worked a legal day's work and the employer cannot require the employee to work more than those eight hours, effective October 1, 2008. • Source: Connecticut Legislature • For further information on this topic see the page: Jury Duty, in What to Do about Personnel Problems in Connecticut • [02 June 2008].

Connecticut Governor Vetoes Minimum Wage Increase:

Saying that she does not want to take any action that will negatively affect businesses or jobs during a national economic downturn, Governor M. Jodi Rell today vetoed a bill that would have raised the state’s minimum wage from $7.65 to $8 beginning Jan. 1, 2009, and to $8.25 beginning Jan. 1, 2010. • Source: Governor’s Office • For further information on this topic see the page: Minimum Wage , in What to Do about Personnel Problems in Connecticut • [27 May 2008].

President Signs Genetic Non-discrimination Act:

President Bush has signed the Genetic Information Nondiscrimination Act [GINA] which bars employers and insurers from discriminating against people genetically predisposed to disease. Under the law, employers will be barred from basing personnel decisions on genetic makeup [effective in November 2009], and health insurers won’t be permitted to deny coverage based on genetic risk or predisposition to disease [effective in May 2009. The legislation also implements the administration's proposal to increase the civil money penalties that may be imposed for child labor violations that result in the death of or serious injury to children. Section 302 of GINA raises the maximum penalty to $50,000 for each violation with the possibility of a penalty of up to $100,000 in cases where the employer's violation is a repeated or willful violation. The increased penalties apply to deaths or serious injuries that occur after the Act’s enactment.• Source: The White House • For further information on this topic see the pages: Civil Rights , and Child Labor, in What to Do about Personnel Problems in Connecticut • [26 May 2008].

Vets-100: Veterans’ Employment & Training Service to Require New Vets-100A Form:

Starting September 30,2009, each contractor or subcontractor who enters into or modifies a contract or subcontract on or after December 1, 2003, in the amount of $100,000 or more with any department or agency of the United States…must file the new Vets-100A. Any contractor whose contract was entered into before December 1, 2003 (and not modified as described above) will still file the old Vets-100. This means that contractors with both types of contracts will be required to file both the VETS-100 Report and the VETS-100A Report. Contractors must order the new form and begin collecting data in time to file their report by September 30, 2009: VETS-100A Report forms may be obtained by mailing a request to: Office of the Assistant Secretary for Veterans' Employment and Training, U.S. Department of Labor, 200 Constitution Avenue, NW., Washington, DC 20210, Attn: VETS-100A Report Form Request; or on the Internet at the Internet address: http://vets.dol.gov/vets100/vets100login.htm. • Source: CTDOL • For further information on this topic see the page: Veterans, in What to Do about Personnel Problems in Connecticut • [19 May 2008].

Connecticut Employers Less Optimistic about Expanding their Workforces:

Every quarter we ask Connecticut employers how they see their demand for employees over the next 12 months; specifically, we ask if they expect to expand their workforces or expect to have fewer employees at work over the coming year. The percentage of respondents that expect their workforce to expand has increased from 22% to 27% during the last year. However, employers expecting their workforces to contract has risen from 5% in July of 2007 to 25% in our current survey. Further, whereas in April of 2006 about 35% more employers expected expansion than expected contraction, that difference has now been reduced to about 2%. • Source: CTHRR • For further information on this topic see the page: Hiring, in What to Do about Personnel Problems in Connecticut • [14 May 2008].

Mandatory Paid Sick Leave Bill Dead:

If passed SB 217 would have required all employers with 50 or more employees to provide their employees with paid sick leave accruing at a rate of one hour for each 40 hours worked. Once employed for 90 days, employees would be eligible to use the time and could use up to 52 hours of accrued sick leave a year. The leave could be used for an employee's or the employee's child's illness, treatment of an illness, diagnosis, and preventive medical care. It could also be used for reasons related to the employee being a victim of family violence, sexual assault, or stalking. Current law does not require employers to provide sick leave, whether paid or unpaid. The bill would not cover day and temporary workers. Status: Apparently dead…for this year. • Source: CTDOL • For further information on this topic see the page: Sick Leave , in What to Do about Personnel Problems in Connecticut • [08 May 2008].

Connecticut 2008 Salary Data:

Our CTHRR salary Report for 2008 is now available on our website. Once you have logged in, look under ”Surveys” and click on “Compensation Survey Reports.” Our Compensation Report is broken into two publications: • 2008 CTHRR CT Exempt Compensation Report • 2008 CTHRR CT Nonexempt Compensation Report • Source: CTHRR • For further information on this topic see the page: Surveys: Compensation , in What to Do about Personnel Problems in Connecticut • [05 May 2008].

Connecticut: Survey on Lunch Periods

A recent CTHRR survey of 161 Connecticut employers examined a variety of workplace practices including lunch and rest breaks, basic workweek schedules, time/pay records, and overtime policies. As to lunch periods, 30 minutes continues to be typical for plant/blue-collar workers and non-exempt office workers while lunch at the employee's discretion are more typical for executives. Details:

Lunch Periods	Top Execs	Exempts	Office Non-Exempt	Plant/Blue Collar
15 or 20 Minutes	0%	1%	1%	8%
30 minutes	29	42	61	85
45 minutes	3	4	3	4
60 minutes	26	36	31	1
Discretionary	42	17	4	2


· Source: CTHRR For further information on this topic, see the page: Rest Breaks, Meal Periods, in What to Do about Personnel Problems in Connecticut [05 May 2008].

Connecticut Legislature Continues to Move Paid Sick Leave Bill Toward Passage:

The bill must be approved by both houses of the Legislature and then be signed by the Governor before it becomes law: If passed this bill would require all employers with 50 [amended from 25] or more employees to provide their employees with paid sick leave accruing at a rate of one hour for each 40 hours worked. Once employed for 90 days, employees would be eligible to use the time and could use up to 52 hours of accrued sick leave a year. The leave could be used for an employee's or the employee's child's illness, treatment of an illness, diagnosis, and preventive medical care. It could also be used for reasons related to the employee being a victim of family violence, sexual assault, or stalking. Current law does not require employers to provide sick leave, whether paid or unpaid. The bill does not cover day and temporary workers. Status: Passed by the Senate. • Source: CT Legislature • For further information on this topic see the page: Sick Leave , in What to Do about Personnel Problems in Connecticut • [02 May 2008].

Connecticut House Passes Minimum Wage, Overtime, Pay Card Bills:

These bills still must pass the Senate and be signed by the Governor before they become law: Overtime: If passed this bill would require that paid holidays be counted as part of an employee's regular pay that is used to determine if the employee is due overtime pay for working more than 40 hours in a week. It makes the paid holiday count as part of the 40 hours. Pay Cards: : If passed this bill would require employers who pay their employees using a pay card (debit card) system to reimburse employees for automated teller machine (ATM) withdrawal fees through the employee's pay card system account. Employers meeting the bill's requirements are not responsible for other account penalties or charges the employee incurs. Minimum Wage: : If passed this bill would raise the state minimum hourly wage from $ 7.65 to $ 8.00 beginning January 1, 2009, and to $ 8.25 beginning January 1, 2010. • Source: CT Legislature • For further information on this topic see the pages: Minimum Wage, Overtime, and Payment of Wages , in What to Do about Personnel Problems in Connecticut • [28 April 2008].

What Employers Want in a Human Resources Executive:

"As the jobs recovery gains momentum, so does the demand for human-resources executives -- but this time, it has a new focus. Companies have come to value HR managers whose skills stretch well beyond the normal administrative abilities, such as managing union work forces and designing benefits packages. During the downturn, some managers distinguished themselves by demonstrating a knack for maintaining morale throughout the organization and for retaining key talent even amid layoffs." • Read the entire article at: http://online.wsj.com/article/SB120881971192332925.html?mod=googlenews_wsj • For further information on this topic see the page: HR Management , in What to Do about Personnel Problems in Connecticut • [23 April 2008].

Connecticut Experiences Another Month of Job Loss:

The state’s nonfarm employment in March was 1,699,300, a decrease of 3,400 jobs from the revised February 2008 figure. Unemployment: Average weekly initial unemployment claims in March 2008 for first-time filers decreased over the month by 362 to 4,135, but were up 105 claims from last year at this time. Unemployment rates and the number of unemployed people, not seasonally adjusted, were up over the year in all of the state’s nine Labor Market Areas. In March, Danbury had the lowest unemployment rate at 4.4 percent. This was followed by Bridgeport-Stamford at 4.9 percent; the Norwich-New London area, at 5.2 percent; Enfield at 5.5 percent; and Hartford and New Haven, both at 5.7 percent. Waterbury had the highest unemployment rate at 7.6 percent. • Source: CTDOL • For further information on this topic see the page: Statistics, in What to Do about Personnel Problems in Connecticut • [21 April 2008].

Connecticut Citibank Branches, Gibbs College to Close:

Boston Herald: “Citigroup Inc. is confirming plans to close 10 Connecticut Citibank branches beginning in July, trimming the number of branches it has in the state by a third. A Citigroup spokesman says the branch closings could cause between 100 and 120 Citibank employees to lose their jobs.” Hartford Courant “As part of the closure plans, Gibbs' campuses in Norwalk and Farmington will not accept new students, but will stay open through the end of 2009, giving the majority of the school's 720 students time to finish their associate’s degrees.” • Source: Boston Herald, Hartford Courant • For further information on this topic see the page: Layoffs, in What to Do about Personnel Problems in Connecticut • [15 April 2008].

Connecticut: Survey on Rest Periods [Coffee Breaks]

A recent CTHRR survey of 161 Connecticut employers examined a variety of workplace practices including lunch and rest breaks, basic workweek schedules, time/pay records, and overtime policies. As to rest periods, two breaks of 10-15 minutes continues to be typical for plant/blue-collar workers while breaks at the employee's discretion are more typical for white-collar employees. Details:

Rest Periods	Top Execs	Exempts	Office Non-Exempt	Plant/Blue Collar
1 break of 10 Minutes	0%	1%	1%	4%
1 break of 15 minutes	3	8	16	23
2 breaks of 10 minutes	9	10	20	35
2 breaks of 15 minutes	5	8	20	26
Discretionary	83	73	43	12


• Source: CTHRR • For further information on this topic see the page: Rest Periods • Meal Periods, in What to Do about Personnel Problems in Connecticut • [14 April 2008].

Connecticut’s Income Gap Growing Fastest:

“…the study compared average family incomes from 2004 to 2006 with those from 1987 to 1989. In Connecticut, income increased by $52,439, or 45 percent, for the top fifth of Connecticut households, while the bottom fifth’s income dropped $4,437, or 17 percent…. Nationally, the study showed that the incomes of the richest 20 percent rose an average of 36 percent in the last two decades, while those of the poorest 20 percent rose 11 percent.” • Source: New York Times • For further information on this topic see the page: Wage & Salary Administration, in What to Do about Personnel Problems in Connecticut • [11 April 2008].

Connecticut Loses Jobs Again in February:

The state’s nonfarm employment in February was 1,703,100, a decrease of 900 jobs from the January 2008 figure. On a seasonally adjusted basis, this is a gain of 12,100 from February 2007. “The month of February brought a slight chill to the state’s employment scene, and while this was not positive news for Connecticut’s workers, the nation as a whole also experienced a similar decline in employment,” said State Labor Economist John Tirinzonie. “High energy costs, weakness in the financial sector, and a slump in housing have teamed up to discourage employers from continuing the hiring spree of the last two years. But there are indications that these negative factors may begin to subside this spring. Let’s hope that with expectations of better weather will come the anticipation of a better job market for our state and the nation,” he added. • Source: CTDOL • For further information on this topic see the page: Statistics, in What to Do about Personnel Problems in Connecticut • [08 April 2008].

Connecticut Employees Work for the Government—Until May 8th:

Tax Freedom Day, the day on which Connecticut workers have earned enough money to pay all their federal, state, and local taxes for the year, will fall on May 8th this year according to the Tax Foundation's annual calculation using the latest government data on income and taxes. That's six days earlier than in 2007. Before we begin celebrating, however, we should know that Tax Freedom Day for the average American falls on April 23rd, and Alaska’s tax freedom is achieved on March 29th. Once again we have earned the dubious distinction of being employed in the state in which one has to spend the longest time working to pay taxes…a position that we first took over in 1996 and from which we have not since been dislodged. • Source: http://www.taxfoundation.org • For further information on this topic see the page: Deductions from Pay, in What to Do about Personnel Problems in Connecticut • [07 April 2008].

U.S. Unemployment Up, Jobs Down:

The unemployment rate rose from 4.8 to 5.1 percent in March, and nonfarm payroll employment continued to trend down (-80,000). Over the past 3 months, payroll employment has declined by 232,000. In March, employment continued to fall in construction, manufacturing, and employment services, while health care, food services, and mining added jobs. Average hourly earnings rose by 5 cents, or 0.3 percent, over the month. • Source: USDOL • For further information on this topic see the page: Statistics, in What to Do about Personnel Problems in Connecticut • [04 April 2008].

Public Employers: Ninth Circuit Decision Questions “Blanket” Drug-Testing Policies:

Janet Lanier applied to be a page at the City of Woodburn’s [Oregon] public library. Pages perform tasks such as retrieving books from the book drop and returning them to the shelves. Occasionally, they may staff the desk in the youth services area, where materials for children and teenagers are housed. Woodburn gave Lanier a conditional offer of employment, subject to successful completion of a background check and pre-employment drug and alcohol screening…. Woodburn’s Personnel Policies and Procedures Manual provides: “As a drug-free workplace…Woodburn requires a pre-employment drug and alcohol screen for all prospective applicants.” Lanier wanted to accept the job offered, but declined to be tested. Woodburn rescinded the offer. Lanier then sued, alleging violation of her rights under the Fourth Amendment to the United States Constitution [prohibits the government from conducting searches, which includes requiring drug tests, without reasonable suspicion]. The district court found that the city’s policy was unconstitutional and the circuit court agreed. Essentially, the court held that there was no reason to require a drug test for the position of library page. Without going further into the decision, we point out that all public HR officials should read this case. Keep in mind that the decision is confined logically to the facts of this particular case; yet, any public employer with a drug-testing policy…especially a blanket drug-testing policy…should review this case with counsel as to the meaning it may hold for that employer. • Source: Lanier v. City of Woodburn, No. 06-35262, 9th Cir., Mar. 13, 2008. • For further information on this topic see the page: Alcohol & Drugs, in What to Do about Personnel Problems in Connecticut • [31 March 2008].

No-Match: DHS Releases Proposed Supplement to its No-Match Rule:

The U.S. Department of Homeland Security (DHS) released a Supplemental Proposed Rulemaking for the No-Match Rule previously issued on August 15, 2007. This rulemaking addresses issues cited in a decision of a U.S. District Court in California enjoining the August 2007 No-Match Rule. Essentially, this document is DHS’s argument as to why it should be allowed to issue the no-match letter rule. DHS only announced two relatively minor changes. First, the rule instructs employers seeking the safe harbor that they must “promptly” notify an affected employee after the employer has completed its internal records checks and has been unable to resolve the mismatch. DHS now says that this obligation for prompt notice would ordinarily be satisfied if the employer contacts the employee within five business days after the employer has completed its internal records review. DHS emphasizes that an employer does not need to wait until after completing this internal review to advise affected employees that the employer has received the no-match letter and request that the employees seek to resolve the mismatch. Second, DHS says that employees hired before November 1, 1986 are not subject to the no-match rule as these workers are not covered by IRCA. • Source: http://www.dhs.gov/xlibrary/assets/press_nomatch-snprm.pdf • Readers may wish to review the section about the no-match rule on the page: Immigration, in What to Do about Personnel Problems in Connecticut • [24 March 2008].

Recruiting: Connecticut DOL Sets Dates for Spring Job Fairs:

The State Labor Department’s Connecticut Career Fairs series return on April 12 with a job fair at Manchester Community College. Additional fairs in North Haven, Danielson, Fairfield and Cromwell have been scheduled for the spring in order to best meet the needs of companies and individuals throughout the state. The Manchester Connecticut Career Fair will take place 9 a.m. to 1 p.m. on Saturday, April 12 with subsequent job fairs taking place 11 a.m. to 3 p.m. at the North Haven Holiday Inn on April 22, Quinebaug Valley Community College in Danielson on May 22, and Sacred Heart University in Fairfield on June 11. Details of the final event, to be held in Cromwell, have not yet been finalized. Employers can visit www.ctjobfairs.com or contact the agency’s Job Development Unit at (860) 263-6280 to register for any of the job and career fairs. • Source: http://www.ctjobfairs.com/ • For further information on this topic, see the page: Hiring • Recruiting in What to Do about Personnel Problems in Connecticut • [17 March 2008].

Posters: FMLA Poster Insert for Military Family Leave:

The USDOL Wage & Hour Division has issued an additional poster that describes employees’ rights under the military amendments to the Family & Medical Leave Act that were discussed in our CT HR Reports eNewsletter of 04 February. Presumably this notice should be displayed by employers until USDOL issues a new FMLA poster that includes the military amendments. If you need a copy of this new poster, email us at hr@CTHRR.com today. • Source: http://www.cthrr.com • For further information on this topic, see the page: Notices • Posters in What to Do about Personnel Problems in Connecticut • [10 March 2008].

Connecticut Legislature: Bullying Bill Returns:

The Hartford Courant says, “The bill, which has the support of committee chair state Sen. Edith Prague, D-Columbia, is actually a revised version of a similar bill that failed to reach a full vote of the assembly last year because of concerns about how it might affect businesses. In particular, opponents worried that the bill, which would allow workplace bullying victims to sue their tormentors, could expose employers to potential damages even if they had consistently tried to create a safe environment for workers.” • Source: http://www.courant.com/news/local/hc-ctbullying0227.artfeb27,0,2169791.story • For further information on this topic, see the page: Counseling Employees in What to Do about Personnel Problems in Connecticut • [03 March 2008].

USDOL Releases Retirement Planning Guide:

The U.S. Department of Labor has released a new online resource that makes it easier for Americans to prepare for a financially secure retirement. A series of interactive worksheets were developed as a companion to a 2006 publication entitled "Taking the Mystery Out of Retirement Planning." Using the worksheets, individuals who are 10 to 15 years from retirement can calculate their income and savings as well as their projected expenses in retirement. • Source: http://www.dol.gov/ebsa/publications/nearretirement.html • For further information on this topic, see the page: Retirement in What to Do about Personnel Problems in Connecticut • [25 February 2008].

Connecticut Had Eight Mass Layoffs in 4th Quarter:

In Connecticut in the fourth quarter of 2007 there were eight mass layoffs resulting in the separation of 1,543 workers from their jobs for at least 31 days; this is down from nine layoffs and 2,135 workers in the fourth quarter of 2006. Nationwide in the fourth quarter of 2007, there were 1,619 mass layoff events that resulted in the separation of 265,454 workers. The construction industry experienced a record high in both layoff events and separations in the fourth quarter of 2007. Other industries registering fourth quarter highs in terms of separated workers were arts, entertainment, and recreation and finance and insurance, the latter mostly due to higher layoff activity in credit intermediation and related activities. Both the total number of layoff events and the number of separations were lower than during the October-December 2006 time period. • Source: USDOL • For further information on this topic, see the page: Layoffs in What to Do about Personnel Problems in Connecticut • [18 February 2008].

USDOL Proposes Rules to Clarify Family/Medical Leave:

The U.S. Department of Labor has published a proposal on Feb. 11 to update its regulations under the 15-year-old Family and Medical Leave Act (FMLA). Proposed changes include increased notice obligations for employers so that employees will better understand their FMLA rights, while revising the employee notice rules to minimize workplace disruptions due to unscheduled FMLA absences. The proposal also contains technical changes to reflect decisions by the Supreme Court and lower courts. A new section addresses recently enacted legislation to expand the FMLA entitlement to 26 workweeks for certain military family members caring for a service member with a serious illness or injury. The department invites comment on the Notice of Proposed Rulemaking that appears in the Federal Register of Feb. 11. • Source: USDOL • For further information on this topic, see the page: Leave of Absence • FMLA in What to Do about Personnel Problems in Connecticut • [11 February 2008].

Hours of Work: Alternate Schedules:

The traditional work schedule for an American employee has long been 9 a.m. to 5 p.m., Monday through Friday. However, an examination of data reveals that nearly one-third of wage and salary workers have flexible schedules on their primary jobs, meaning that they can vary their beginning and ending hours; about one-fifth work a shift other than a regular daytime shift on their primary job; and a slightly smaller proportion works on Saturday, Sunday, or both. • Source: USDOL-BLS • For further information on this topic, see the page: Hours of Work in What to Do about Personnel Problems in Connecticut • [04 February 2008].

Remember to Post Summary:

Beginning February 1, employers must post a summary of the total number of job-related injuries and illnesses that occurred last year. Employers are only required to post the Summary (OSHA Form 300A)— not the OSHA 300 Log—from Feb. 1 to April 30, 2008. Copies of OSHA Forms 300, 300A and 301 are available on OSHA's publications page at www.osha.gov. • Source: USDOL • For further information on this topic, see the page: OSHA in What to Do about Personnel Problems in Connecticut • [01 February 2008].

President Signs Military-Related FMLA Changes:

On January 28, 2008, President Bush signed into law H.R. 4986, the National Defense Authorization Act for FY 2008 (NDAA). Section 585 of the NDAA amends the Family and Medical Leave Act of 1993 (FMLA). Portions of this act are effective immediately. If you would like further details on this, send an email to:

E-mail: HRanswers@CTHRR.com

• Source: USDOL • For further information on this topic, see the page: Leave of Absence in What to Do about Personnel Problems in Connecticut • [29 January 2008].

Connecticut Workers: 15.6% are Union Members:

Nationwide in 2007, the number of workers belonging to a union rose by 311,000 to 15.7 million. Union members accounted for 12.1 percent of employed wage and salary workers, essentially unchanged from 12.0 percent in 2006. In 1983, the first year for which comparable union data are available, the union membership rate was 20.1 percent. In Connecticut union members accounted for 15.6 percent of employed wage and salary workers, unchanged from 2006. Some highlights from the 2007 data are: Workers in the public sector had a union membership rate nearly five times that of private sector employees. Education, training, and library occupations had the highest unionization rate among all occupations, at 37.2 percent, followed closely by protective service occupations at 35.2 percent. Among demographic groups, the union membership rate was highest for black men and lowest for Hispanic women. • Source: USDOL • For further information on this topic, see the page: Unions in What to Do about Personnel Problems in Connecticut • [28 January 2008].

2008 Connecticut Benefits Report:

CTHRR’s 2008 CT Benefit Survey Report is now available on our website. Once you have logged in, look under ”Surveys” and click on “Benefit Survey Reports.” • Source: CTHRR. • For further information on this topic, see the page: Benefits in What to Do about Personnel Problems in Connecticut • [21 January 2008].

Consumer Price Index

The Consumer Price Index for All Urban Consumers (CPI-U) decreased 0.1 percent in December before seasonal adjustment. The December level of 210.036 (1982-84=100) was 4.1 percent higher than in December 2006. The Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W) decreased 0.1 percent in December prior to seasonal adjustment. The December level of 205.777 (1982-84=100) was 4.3 percent higher than in December 2006. The Chained Consumer Price Index for All Urban Consumers (C-CPI-U) decreased 0.1 percent in December on a not seasonally adjusted basis. The December level of 121.088 (December 1999=100) was 3.4 percent higher than in December 2006. • Source: USDOL. • For further information on this topic, see the page: Consumer Price Index in What to Do about Personnel Problems in Connecticut • [16 January 2008].

First Circuit Finds Chili’s Not Guilty Thanks to Fast Response:

The Court said, “Determining what constitutes a "prompt and appropriate" employer response to allegations of sexual harassment often requires the sort of case-specific, fact-intensive analysis best left to a jury. However, given the undisputed facts here, no reasonable jury could conclude that Chili's response was not prompt and appropriate. Whether Forrest complained to the restaurant managers only three times, as Chili's asserts, or a few more times, as Forrest asserts, Chili's response was reasonably prompt and appropriate considering the particular facts of this case. Faced with allegations of sexual harassment between ex-lovers known to have a volatile relationship, Chili's acted reasonably in addressing Forrest's complaints with progressive discipline of Vashaw, giving Vashaw an opportunity to correct his behavior, and ultimately firing him when he did not do so, within a month of the first warning.” [Ed.: Connecticut is not in the First Circuit Court’s jurisdiction, however, the case makes the point that fast, appropriate action is viewed as an effective remedy to alleged harassment. • Source: First Circuit Court of Appeals. • For further information on this topic, see the page: Harassment in What to Do about Personnel Problems in Connecticut • [14 January 2008].

15-20% of Employers Require Arbitration:

“Arbitration of employment disputes took off in the early 1990s after federal legislation made it easier for workers to sue -- and win big damages -- over claims such as sex, race and disability discrimination. Intent on reducing large payouts and litigation costs, companies responded by putting in place arbitration programs in which disputes are heard not by a judge or jury, but by an arbitrator. An estimated 15% to 20% of businesses now require employees to arbitrate disputes, says Alexander Colvin, a labor studies professor at Pennsylvania State University. Companies using arbitration for employment disputes include Citigroup, Discover Financial Services and Circuit City Stores.” • Source: The Wall Street Journal. • For further information on this topic, see the page: Grievances in What to Do about Personnel Problems in Connecticut • [07 January 2008].

I-9 Forms: Reminder:

Employers must have the new, revised I-9 form in use. • Source: Log in at CTHRR.com and click on: NEW: Revised I-9 Form • For further information on this topic, see the page: Immigration in What to Do about Personnel Problems in Connecticut • [02 January 2008].

EEOC Finalizes Carve-Out Rule for Retiree Health Care:

Issued on December 31, 2007, this final rule permits employers and labor organizations, effective immediately, to offer retirees health plan designs that incorporate Medicare [or comparable State health benefit programs] without violating the ADEA. In addition, to ensure that all retirees have access to some health care coverage, the ADEA will not prohibit employers and unions from providing retiree health coverage only to those retirees who are not yet eligible for Medicare; and, they also may supplement a retiree's Medicare coverage without having to demonstrate that the coverage is identical to that of non-Medicare eligible retirees. The rule allows employers to offer Medicare-eligible retirees a “carve-out plan” that reduces the benefits available under an employee benefit plan by the amount payable by Medicare. Employers may continue to make Medicare the primary payer of health benefits for those retirees eligible for Medicare. This also applies to dependent and/or spousal health benefits that are included as part of the health benefits provided for retired participants. Individuals who are eligible for and/or receive Medicare, but who are not retired, are not affected by this rule. • Source: EEOC • For further information on this topic, see the page: Age Discrimination in What to Do about Personnel Problems in Connecticut • [28 December 2007].

Connecticut Unemployment Jumps to 5%; Wages up 4.7%:

The state’s nonfarm employment in November was 1,702,900, an increase of 900 jobs from the October figure. On a seasonally adjusted basis, this is a gain of 19,300 from the November 2006 total of 1,683,600 jobs. Average hourly earnings at $20.96, not seasonally adjusted, were up $0.75 from November 2006 when they were $20.21. The resulting average weekly wage for manufacturing workers in November 2007, at $888.70, was up $39.88, representing an increase of 4.7 percent from a year ago. Unemployment: The estimate of people unemployed, seasonally adjusted, increased in November by 7,600 over the month to 96,000, while the unemployment rate increased three-tenths of a percent to 5.0 percent, which is above the national rate of 4.7 percent. The state’s unemployment rate in the previous month was 4.7 percent, while last November, the rate was 4.2 percent. • Source: CTDOL • For further information on this topic, see the page: Statistics in What to Do about Personnel Problems in Connecticut • [24 December 2007].

Connecticut Smoking Policies:

A CTHRR survey asked employers about their workplace smoking practices. The results from 122 Connecticut employers show that almost every employer [98%] has banned smoking in office areas, including private offices. Eighty-one percent of companies that have plant [e.g., manufacturing] areas prohibit smoking there. Six percent have banned smoking even in outdoor areas of the facility. State law mandates smoking controls for all sizes of employer; the nature of the controls is different for employers of five or more employees as compared to smaller organizations. • Source: CTHRR • For further information on this topic, see the page: Smoking in What to Do about Personnel Problems in Connecticut • [17 December 2007].

Women’s Earnings: Differences by Education Level:

Female college graduates age 25 and over who worked full time earned about 81 percent more than women with only a high school diploma in 2006. This difference in earnings by education has increased sharply since 1979, when female college graduates earned 43 percent more than female high school graduates. Women workers without a high school diploma who worked full-time in 2006 had median usual weekly earnings of $358. Those with a high school diploma and no college earned $500; those with some college but no degree earned $584 and those with an associate degree earned $632. Full-time women workers who held a bachelor's degree in 2006 had median usual weekly earnings of $839. Master's degree holders had earnings of $987, while the figure for professional degree holders was $1,203 and for doctoral degree holders was $1,174. • Source: USDOL • For further information on this topic, see the page: Equal Pay in What to Do about Personnel Problems in Connecticut • [10 December 2007].

IRS Issues 2008 Mileage Rates

Here are the 2008 optional standard mileage rates used to calculate the deductible costs of operating an automobile for business, charitable, medical or moving purposes: Beginning Jan. 1, 2008, the standard mileage rates for the use of a car (including vans, pickups or panel trucks) will be: • 50.5 cents per mile for business miles driven; • 19 cents per mile driven for medical or moving purposes; and • 14 cents per mile driven in service of charitable organizations. The new rate for business miles compares to a rate of 48.5 cents per mile for 2007. The new rate for medical and moving purposes compares to 20 cents in 2007. The rate for miles driven in service of charitable organizations has remained the same. The standard mileage rate for business is based on an annual study of the fixed and variable costs of operating an automobile; the standard rate for medical and moving purposes is based on the variable costs as determined by the same study. • Source: IRS • For further information on this topic, see the page: Travel Time - Mileage in What to Do about Personnel Problems in Connecticut • [03 December 2007].

HR Practices Survey:

The questionnaire for our two-page quick-survey is now available for you to complete on cthrr.com. All participants receive a free copy of the results...all replies are strictly confidential. Please download and return your copy to us at your earliest convenience. Thanks very much for your help with this: Go to: www.CTHRR.com/ and click on "Survey Questionnaire" in the left frame. • Source: CTHRR • For further information on this topic, see the page: Hours of Work in What to Do about Personnel Problems in Connecticut • [19 November 2007].

I-9 Question: How Do We Properly Handle I-9 Processing at Remote Locations?

Answer: It’s not unusual for an employer to hire a new employee who doesn’t physically come to that employer’s offices to complete paperwork. In such cases, employers may designate agents to carry out their I-9 responsibilities. Agents may include notaries public, accountants, attorneys, HR officers, supervisors, etc. An employer should choose an agent cautiously, since it will be held responsible for the actions of that agent. Note: Employers should not carry out I-9 responsibilities by means of documents faxed by a new employee or through identifying numbers appearing on acceptable documents. The employer must review original documents. Likewise, Forms I-9 should not be mailed to new employees to fill out themselves. • Source: CTHRR • For further information on this topic, see the page: Immigration in What to Do about Personnel Problems in Connecticut • [12 November 2007].

Commuting: Qualified Transportation Benefit Maximum Updated:

For taxable years beginning in 2008, the monthly limitation under § 132(f)(2)(A), regarding the aggregate fringe benefit exclusion amount for transportation in a commuter highway vehicle and any transit pass, is $115. The monthly limitation under § 132(f)(2)(B), regarding the fringe benefit exclusion amount for qualified parking, is $220. • Source: http://www.irs.gov/pub/irs-drop/rp-07-66.pdf • For further information on this topic, see the page: Commuting in What to Do about Personnel Problems in Connecticut • [05 November 2007].

CT DOL Shuts Down Firm without WC Coverage:

As reported in the July issue of our Connecticut HR Reports Newsletter, Connecticut Public Act 07-89 authorizes the labor commissioner to issue a stop-work order to any employer who: 1. fails to obtain insurance or provide satisfactory proof of self-insurance for the employer's workers' compensation liability, or 2. deceives the employer's workers' compensation insurer by knowingly (a) misrepresenting an employee as an independent contractor, or (b) providing misleading information to the insurance company on the number of employees in order to pay a lower premium. This law was effective October 1, 2007, and is now actively being enforced by the CTDOL. CTHRR has learned that CTDOL has effectively shut down Velasquez Construction—a Virginia-based framing company doing work at a Connecticut hotel construction site—for allegedly violating this new law. Employers can expect more stop-work orders to follow shortly. What to Do: This new law covers all employers doing business in our state…so if you don’t have WC coverage, or you’re paying any workers “under the table,” or you knowingly have any employees misclassified as independent contractors, now is the time to set things straight. Be sure too that the payroll numbers you report to your WC carrier are accurate and include all employees. • Source: CTHRR • For further information on this topic, see the page: Independent Contractors in What to Do about Personnel Problems in Connecticut • [29 October 2007].

Reminder: Connecticut’s “Bagger Law” Expired:

As a special exception to Connecticut child labor laws affecting those under age sixteen, fifteen-year-olds have been allowed to be employed as baggers, cashiers, or stock clerks in mercantile firms; however, this exception expired on October 1. As the legislature has not renewed the exception, such work is no longer allowed…until the legislature does something about it…maybe next spring? • Source: CTHRR • For further information on this topic, see the page: Child Labor in What to Do about Personnel Problems in Connecticut • [22 October 2007].

Work Injuries Caused 38 Deaths in Connecticut During 2006:

The Connecticut Department of Labor’s Division of Occupational Safety and Health (CONN-OSHA) reported that this figure represents the second consecutive decline in the number of reported work-injury fatalities in Connecticut, and it brings the number below the state’s annual average of 41. In 2006, work injuries in America cost 5,703 lives nationwide. This translates into a rate of 3.9 deaths per 100,000 workers. Since much of Connecticut’s employment is in low-risk industries, the state has consistently been able to maintain a fatality rate below the national average. For 2006, Connecticut had a fatal work injury rate of 2.2 per 100,000 workers. All employers, regardless of their industry or company size, are required to report all work fatalities to federal OSHA within eight hours of a workplace death, by either calling 1-800-321-OSHA or visiting a local OSHA office. • Source: CTDOL • For further information on this topic, see the page: Accidents in What to Do about Personnel Problems in Connecticut • [15 October 2007].

No-Match: Court Issues Preliminary Injunction:

The Department of Homeland Security (DHS) issued procedures for employers to follow to avoid being charged with employing aliens who are not authorized to work in the U.S., effective 9/14/2007. The DHS rule said it will consider an employer to have knowingly employed an unauthorized alien if the employer fails to take reasonable steps after receiving information that an employee may be an unauthorized alien—information such as: (1) A notice to the employer from the Social Security Administration (SSA) that employees' social security numbers don’t match SSA records; or (2) A notice from the DHS that the documents used by employees in completing the I-9 are invalid (e.g., assigned to another person). Now, however, a nationwide preliminary injunction issued on 10/10/2007 prohibits the Department of Homeland Security from issuing "no-match" letters to employers. The injunction will be in place until the lawsuit against DHS based on this rule goes to trial…probably sometime next year. • Source: CTHRR • For further information on this topic, see the page: Immigration in What to Do about Personnel Problems in Connecticut [08 October 2007].

October 1: Many New State Laws Took Effect:

Like it or not, the efforts of the Connecticut State Legislature to pass new acts that affect HR will begin to be felt starting October 1. These new acts cover such topics as health insurance, workers’ compensation, domestic partners, military service, unemployment compensation, and so on. To see a list of these laws on our website: Logon, then go to “CT Laws, Regulations and Resources” and select “2007 CT Legislative Summary” [01 October 2007].

New Maximum Workers’ Comp / Unemployment Comp Benefit Rates:

The State Labor Commissioner has determined that the maximum Workers; Compensation benefit for total disability and decedents' dependents will be $1077.00 for injuries occurring on or after October 1, 2007. The maximum benefit for partial disability (incapacity) will be $853.00. Unemployment: Effective October first the maximum UC benefit one can receive will be $501 per week, up from $483 during the prior 12 months. • Source: CTDOL • For further information on this topic, see the page: Workers' Compensation and Unemployment Compensation , in What to Do about Personnel Problems in Connecticut [24 September 2007].

Job Posting in Connecticut:

A survey of 133 Connecticut employers by CTHRR shows that 66% of respondents notify current employees of at least some of the job openings within their organizations and give employees the opportunity to apply for them. The full report job posting practices, including details on the procedures followed by Connecticut employers, can be found on our website--or you can email us to request a sample copy of the September issue of our Connecticut HR Reports Newsletter . • Source: CTHRR • For further information on this topic, see the page: Job Posing, in What to Do about Personnel Problems in Connecticut [17 September 2007].

Holidays in Connecticut:

A CTHRR survey of 277 Connecticut employers shows that the Friday after Thanksgiving is the 7th most-frequently observed paid holiday given by responding organizations [after New Years, Memorial Day, Independence Day, Labor Day, Thanksgiving, and Christmas]. The full report on holidays to be observed through July of 2008 can be found on our website; or you can email us to request a sample copy of the August issue of our Connecticut HR Reports Newsletter . • Source: CTHRR • For further information on this topic, see the page: Holidays, in What to Do about Personnel Problems in Connecticut [10 September 2007].

What Name for HR?

A CTHRR survey of 117 Connecticut employers shows that 91% of employers refer to their HR/Personnel Departments as “Human Resources"; this is up from 81% in 2003, 64% in 1996, and 37% in 1991. The survey also reports on the title given to the top HR official [VP, Director, Manager, etc.] and the average number of HR staff per 100 employees in these firms. The survey results appear on our website; or you can email us to request a sample copy of the July issue of our Connecticut HR Reports Newsletter which contains the full report. • Source: CTHRR • For further information on this topic, see the page: HR Management, in What to Do about Personnel Problems in Connecticut [04 September 2007].

2008 Connecticut Pay Budget Forecast:

Each August, CTHRR conducts a survey of Connecticut employers' plans for pay increase budgets for the following calendar year. The breakdown by employee group [executives, exempts, non-exempt office, plant, and unionized plant] appears on our website; or you can email us to request a sample copy of the September issue of Employee Compensation in Connecticut which contains the full report. • Source: CTHRR • For further information on this topic, see the page: Performance Evaluation, in What to Do about Personnel Problems in Connecticut [27 August 2007].

CTDOL Collects $8.7MM in Unpaid Wages:

The Connecticut Department of Labor's Division of Wage & Workplace Standards recovered a record $8.7 million in unpaid wages for Connecticut workers during fiscal year 2006-2007. $3.2 million was recovered by the Labor Department after it investigated 3,449 complaints from workers who claimed they were not paid wages owed to them. Another $1.9 million was recovered by enforcing Connecticut's prevailing wage laws while investigators returned an additional $1.7 million to workers who either were not paid for overtime work or the required minimum wage. The department also collected $1.9 million in back wages owed to service workers who were hired under state contracts to do jobs on state property. The unit issued more than 1,000 citations for child labor violations and investigated approximately 70 complaints that alleged violations of the Family and Medical Leave Act. • Source: CTDOL • For further information on this topic, see the page: Hours of Work, in What to Do about Personnel Problems in Connecticut [20 August 2007].

DHS Rule Puts Teeth in “No-Match” Letters:

As we indicated in our eNewsletter of August 6, the Department of Homeland Security is issuing a final regulation, effective in mid-September, that enforces the steps an employer must take upon receiving a no-match letter from the Social Security Administration. These letters inform the employer that there is an employee whose name and Social Security number do not match government records. Within 30 days of getting a no-match letter, employers must check their records to make sure the discrepancy isn't simply a clerical or administrative error. If that is not the source of the problem, the employer then has to ask the employees to confirm the accuracy of the information and, if necessary, contact the Social Security Administration to correct the problem. But if the problem cannot be resolved within 90 days, then either the employees have to come forth with some new evidence that they are authorized to work, such as a passport, or the company is going to have to terminate the employee. An employer that follows these steps has a safe harbor against liability for employing illegal aliens. [What to do? Make certain that someone is responsible for handling all no-match letters, follow the steps specified in any no-match letter received, and keep detailed records of all actions taken.] • Source: DHS • For further information on this topic, see the page: Immigration, in What to Do about Personnel Problems in Connecticut [13 August 2007].

EEO-1: Sample Self-Identification Form Available:

Employers that must file the EEO-1 report know they have to re-survey their workforces before filing their report for September 2008 (covered employers must use the new, revised EEO-1 for the 2007 filing, but no re-survey of employees is required to be done until the 2008 data are prepared). CTHRR has developed a sample Voluntary Self-Identification Form (VSID) that employers may wish to use as a basis for their own forms. To see the form, log on to our website, go to "Forms" and then to "EEO Self-Identification." • Source: http://www.cthrr.com • For further information on this topic, see the page: Civil Rights, in What to Do about Personnel Problems in Connecticut [06 August 2007].

Can Connecticut Employers Discharge At-Will Workers Before They Start Work?*

“This case provides a clear illustration of how the employment at will doctrine can lead to seemingly harsh results. This action arose after the defendant, DSL.net, Inc., extended an offer for at-will employment to the plaintiff, Kevin Petitte, changed its mind and rescinded its offer, prior to the plaintiff’s commencing employment, but after he had left his former employment. The plaintiff appeals from the summary judgment rendered by the trial court in favor of the defendant, claiming that the court improperly granted the defendant’s motion for summary judgment as to all three counts of his amended complaint. Specifically, the plaintiff challenges the court’s legal conclusions that (1) his breach of contract claim was barred because an employment at-will relationship existed, despite the fact that he had never commenced employment, (2) his negligent misrepresentation claim must fail because there was no false promise of employment on which he could have relied justifiably and (3) his infliction of emotional distress claim could not be sustained because the defendant’s conduct was neither extreme nor outrageous. We affirm the judgment of the trial court. [*Note: this case is interesting, but should not be relied upon as the final word on this matter. Other, similar cases have resulted in different outcomes and the issue may wind up in the Connecticut Supreme Court. One thing that is clear, however, is that an at-will employer should be certain that any offer of employment contains the at-will language.] • Source: http://www.jud.ct.gov • For further information on this topic, see the page: Hiring & Recruiting, in What to Do about Personnel Problems in Connecticut [30 July 2007].

Survey Finds that 32% of Large U.S. Firms Employ Personnel to Read Employee Email:

“In its fourth-annual study of outbound email and content security issues, email security and data loss prevention company Proofpoint, Inc. found that outbound email and other electronic communication protocols continue to grow as a source of risk for companies. The study found that 32.1% of surveyed companies with 1,000 or more employees hire staff to read or analyze the contents of outbound email. 38.8% of larger companies surveyed (those with more than 20,000 employees) employ staff for this purpose. Additionally, 16.9% of companies surveyed employ staff whose primary or exclusive job responsibility is to read or otherwise analyze email content.” • Source: http://www.proofpoint.com • For further information on this topic, see the page: Telphones & Electronic Communications, in What to Do about Personnel Problems in Connecticut [23 July 2007].

Holiday Shutdown:

The results of our survey of holidays granted by Connecticut employers show that eighteen percent of respon­dents will close for a week or more between 12/17/07 and 1/4/08. Of these, 91% will provide their employ­ees some combination of holiday and vacation pay; the rest will have an unpaid shutdown. To see the full results of our survey of holidays granted by Connecticut employers, available for review in our August Connecticut HR Reports Newsletter, go to: www.CTHRR.com, click “Log On” in the upper-right-hand corner and go to "Newsletters." • Source: http://www.cthrr.com • For further information on this topic, see the page: Holidays, in What to Do about Personnel Problems in Connecticut [16 July 2007].

Minimum Wage: Updated FLSA Poster Free on CTHRR Web Site:

A revised Federal Minimum Wage poster, reflecting the recently enacted minimum wage increases, is now available free of charge on the CTHRR Web site: http://www.cthrr.com. Login and scan down to: "NEW Minimum Wage Poster." Every employer of employees subject to the Fair Labor Standard Act’s minimum wage provisions must post, and keep posted, a notice explaining the Act in a conspicuous place in all of their establishments so as to permit employees to readily read it (see Notices in What to Do about Personnel Problems in Connecticut). Effective July 24, 2007, the federal minimum wage for covered non-exempt employees will be $5.85 per hour. The minimum wage increases to $6.55 per hour effective July 24, 2008; and $7.25 per hour effective July 24, 2009. These increases do not change the $7.65 per hour Connecticut minimum wage as it is higher than these scheduled amounts. • Source: http://www.cthrr.com • For further information on this topic, see the page: Minimum Wage, in What to Do about Personnel Problems in Connecticut [09 July 2007].

FMLA: USDOL Reports on the Public Experience:

The USDOL’s Employment Standards Administration/Wage and Hour Division undertook a review of the Family and Medical Leave Act, asking the public to furnish information about their experiences with the Act and comments on the effectiveness of the FMLA regulations. More than 15,000 comments were submitted. The overwhelming majority of comments submitted in response to the RFI addressed three primary topics: (1) Gratitude from employees who have used family and medical leave and descriptions of how it allowed them to balance their work and family care responsibilities, particularly when they had their own serious health condition or were needed to care for a family member; (2) a desire for expanded benefits--e.g., to provide more time off, to provide paid benefits, and to cover additional family members; and (3) frustration by employers about difficulties in maintaining necessary staffing levels and controlling attendance problems in their workplaces as a result of one particular issue--unscheduled intermittent leave used by employees who have chronic health conditions. · Source: Federal Register, 28 June 2007. For further information on this topic, see the page: Leave of Absence / FMLA, in What to Do about Personnel Problems in Connecticut [02 July 2007].

Health Benefit Costs and Establishment Size:

The average cost to employers in private industry for health insurance benefits was $1.83 per hour worked (7.1 percent of total compensation) in March 2007. Health benefit costs increased, both in average hourly dollar amount and as a proportion of total compensation, with establishment size. Establishments with fewer than 50 workers averaged $1.20 (5.7 percent of total compensation), those with 50-99 workers averaged $1.56 (6.9 percent), those with 100-499 employees averaged $2.02 (7.7 percent), and those with 500 or more employees averaged $2.88 (7.9 percent). · Source: USDOL. For further information on this topic, see the page: Health Care Insurance, in What to Do about Personnel Problems in Connecticut [25 June 2007].

HRIS: What Do Connecticut Employers Use it For?

Fifty-eight percent of 117 state participants to a CTHRR survey told us that they have a Human Resource Information System in place. Of these: 86% Permit user queries and report writing; 86% maintain employee history (jobs held, salary/wage, etc.); 84% are compatible with the employer’s payroll system; 23% allow employee self-services (benefits enrollment, change of address, etc.); 13% tie into employer’s business operating system; and, 6% provide for international employee data (foreign currency, etc.) · Source: CTHRR For further information on this topic, see the page: Computers in Human Resources, in What to Do about Personnel Problems in Connecticut [18 June 2007].

New CT Workers' Comp Law also Requires Correct Classification of Independent Contractors

Public Act 07-89 Authorizes the labor commissioner to issue a stop-work order to an employer who: 1. fails to obtain insurance or provide satisfactory proof of self-insurance for the employer's workers' compensation liability, or 2. deceives the employer's workers' compensation insurer by knowingly (a) misrepresenting an employee as an independent contractor, or (b) providing misleading information to the insurance company on the number of employees in order to pay a lower premium, effective October 1, 2007. Source: CTHRR. For further information on this topic, see the pages: Workers' Compensation and Independent Contractors, in What to Do about Personnel Problems in Connecticut [11 June 2007].

Latest Revisions to What to Do About Personnel Problems in Connecticut Now Online:

Subscribers to the electronic edition of What to Do About Personnel Problems in Connecticut may now access the latest revision (June '07) online at www.CTHRR.com. Need online access? Email us at: hr@CTHRR.com [04 June 2007].

President Signs Minimum Wage Increase—No Effect in CT :

Congress has voted and President Bush has signed HR2206 which will increase the federal minimum wage by $2.10 over the next two years. The minimum wage will rise to $5.85 on 7/24/2007, two months after President Bush signed the bill, then to $6.55 on 7/24/2008, and $7.25 a year later. This would be the first change since the minimum wage went from $4.75 to $5.15 on September 1, 1997. As Connecticut’s minimum wage is already $7.65, this change will have no direct effect—other than to encourage our state Legislature to consider further increases in Connecticut’s minimum. Source: CTHRR. For further information on this topic, see the page: Minimum Wage, in What to Do about Personnel Problems in Connecticut [29 May 2007].

CTHRR’s 2007 Compensation Surveys now Online:

Our 2007 CTHRR CT Exempt Compensation Report and our 2007 CTHRR CT Nonexempt Compensation Report are both online and available for use by subscribers to What To Do About Personnel Problems In Connecticut and Employee Compensation In Connecticut. To Access: Login and go to “Survey Reports” at www.CTHRR.com. · Source: CTHRR. For further information on this topic, see the page: Surveys: Compensation, in What to Do about Personnel Problems in Connecticut [21 May 2007].

CT HRIS: Who Uses What?

CTHRR recently surveyed Connecticut subscribers to learn which HRIS systems they use and how they rate the effectiveness of these systems. While there were any number of HRIS in operation—including Abra, ADP, Ascentis, Ceridian, Cyborg, E2000 & Software Techniques, Employease, Enterprise, Fidelity/Brio, Great Plains, Intuit, Kronos, Lawson, NuView, Optimum Solutions, Paychex HR, People Manager, PeopleSoft, People-Trak, SAP, and SOS/Pinehurst—only those in the table below were used by many organizations. They were rated by survey respondents on a scale of 1 to 5 with 5 being high.

HRIS	Rating
Abra	4.0
ADP	3.8
Ceridian	3.3
Paychex	4.0
PeopleSoft	4.0
People-Trak	5.0


· Source: CTHRR For further information on this topic, see the page: Computers in Human Resources, in What to Do about Personnel Problems in Connecticut [14 May 2007].

America’s Job Bank Terminates 01 July:

“Effective July 1, 2007, A merica's Job Bank will cease operations. The Connecticut Department of Labor will have a replacement Job Bank in place by July 1, 2007. Additional details will be forthcoming and updates on this transition process will be posted to the CT Department of Labor website at www.ct.gov/dol as they become available.” Source: CTDOL. Note: This affects the following pages in What to Do about Personnel Problems in Connecticut: Affirmative Action, Hiring · Recruiting, and Viet Nam and Other Veterans; these pages will be updated once CTDOL designates the replacement Job Bank [30 April 2007].

Summer Jobs: HR: Prepare Now:

Summer job season is fast approaching…and the day is not far ahead when your organization’s Vice President of Marketing [Engineering, Manufacturing, whatever] will walk into your office and ask [plead, suggest, demand] that you put his 14-year-old daughter in a job for the summer. What to do? Review your What to Do about Personnel Problems in Connecticut section on “Child Labor” to see what you are allowed to do with 14- [or 16- or 18-] year-olds in your type of firm. Discuss with the CEO just how much liability the organization is willing to risk by hiring the very young. Prepare now so you’re ready to deal with the situation when the day comes. Source: CTHRR. For further information on this topic, see the page: Child Labor, in What to Do about Personnel Problems in Connecticut [16 April 2007].

Norwich: NLRB Finds Employer Violated NLRA:

The National Labor Relations Board affirmed the administrative law judge’s findings that Eastern Energy Services, LLC violated Section 8(a)(3) and (1) of the National Labor Relations Act by refusing to hire and to consider for hire several workers because of their union membership and support of Sheet Metal Workers Local 40. The Board agreed with the judge that the Respondent violated Section 8(a)(1) by telling employees that the Respondent does not hire sheet metal workers who are union members, interrogating employees concerning the Union and its members’ engagement in concerted activities, and telling union representatives that the Respondent will not do business with the Union or that it will not hire Union members…. Source: NLRB. For further information on this topic, see the page: National Labor Relations Act, in What to Do about Personnel Problems in Connecticut [09 April 2007].

Winsted: Employer Violated National Labor Relations Act:

In Homer D. Bronson Co. (34-CA-9499, et al.; 349 NLRB No. 50) Winsted, CT March 16, 2007, the National Labor Relations Board affirmed the administrative law judge’s findings that the employer violated. Section 8(a)(3) and (1) of the Act by various acts, including telling employees that they were prohibited from discussing Auto Workers Region 9 and from soliciting union support during company time; promulgating and maintaining overly broad and discriminatory solicitation and distribution rules; and creating the impression that it was watching employees’ union activities.
Source: http://www.nlrb.gov/shared_files/Weekly%20Summaries/2007/W-3096_fix.pdf.
For further information on this topic, see the page: National Labor Relations Act, in What to Do about Personnel Problems in Connecticut [26 March 2007].

Connecticut Unemployment Tax: Top Reporting Errors Cited:

Connecticut’s Unemployment Insurance Tax Division has compiled a list of the top most-common reporting errors found in field audits: [1] Employers misclassified individuals as independent contractors who are actually employees. [2] Employers did not report payments for services to officers of a corporation. [3] Employers did not report payments made into a Section 125 Cafeteria Plan. [4] Employers did not report all dismissal payments, including severance, unused sick pay, and lump sum vacation pay. [5] Employers did not report tips made directly to an employee by a third party and accounted for as taxable wages to the employer. Source: Connecticut Unemployment Insurance Tax Division • For further information on this topic, see the page: Unemployment Compensation, in What to Do about Personnel Problems in Connecticut [05 March 2007].

Connecticut Workers’ Compensation Commission Announces New Mileage Rate:

“The mileage reimbursement rate for all travel expenses incurred on or after January 1, 2007 is now 48.5 cents per mile. This rate increase applies to all claimants, regardless of injury date, and coincides with the federal mileage reimbursement rate pursuant to Section 31-312(a) of the Workers’ Compensation Act.” Applies to employee travel in personal automobiles for Workers' Compensation-related medical treatment. Source: State of Connecticut, Workers’ Compensation Commission. For further information on this topic, see the page: Workers' Compensation, in What to Do about Personnel Problems in Connecticut [19 February 2007].

Employer Payment of Health Premiums:

189 respondents to CTHRR’s 2005 Connecticut Employee Benefit Survey reported that the employer pays the following percent of employee and dependent health insurance premiums:



Percent of Premium	For Employees	For Dependents
0%	0%	4%
Greater than 0%, less than 50%	13	15
Greater than 50% but less than 65%	6	10
Greater than 65% but less than 80%	32	31
Greater than 80% but less than 100%	35	31
100%	13	8


Source: CTHRR. For further information on this topic, see the page Health Care Insurance in What to Do about Personnel Problems in Connecticut

Connecticut: Paid Time Off for Bereavement:

163 Connecticut employers responding to CTHRR's 2005 Employee Benefit Survey told us how many paid leave days they allow per year for death in family [in addition to sick/personal leave:

Days	Percent
None	4%
One or two days	10
Three days	65
Four or five days	8
Six or more days	1
No limit	12


· Source: Connecticut Human Resource Reports, LLC

Connecticut: Dress Codes:

Connecticut: We asked employers if their dress codes were “very relaxed,” (see definitions in the table below), “relaxed and casual,” “traditional,” or “strict.” It’s interesting that none of the surveyed employers adhere to a rigid, suits-only code. Also, the data, compared to an earlier survey taken several years ago may indicate a trend away from both the very relaxed and traditional extremes toward a relaxed and casual center.

Dress Code	New Survey	Earlier Survey
Very Relaxed [wear pretty much what they want to wear]	7%	12%
Relaxed & casual [wear non-traditional attire within set guidelines]	56	48
Traditional [wear business attire suitable to their work]	37	40
Strict [suits only, no short-sleeve shirts, hemlines just so, etc	0	0


· Source: Connecticut Human Resource Reports, LLC

Connecticut: Military Leave and Pay:

132 Connecticut employers responding to CTHRR's 2005 Employee Benefit Survey were asked how many weeks' leave are allowed each year for military duty:

Duration of Leave	Percent
Fewer than 2 weeks	7%
Two weeks	48
Three or more weeks	7
Unlimited	38


We also asked if the employer pays full salary during military leave, or pays the difference between salary and military pay, or pays nothing:

Payment	Percent
Full pay	19%
Pay difference	45
No pay	36


Note that employers who pay nothing to employees on military duty must be careful in applying that practice to exempt employees. See "Exempt Personnel," "Salaried Personnel," and "Military Service" in What to Do about Personnel Problems in Connecticut for an explanation of how exempt employees must be paid. · Source: Connecticut Human Resource Reports, LLC

Connecticut: 80% Offer Light Duty Work:

CTHRR recently asked 119 Connecticut employers if they offer “light duty,” e.g., work for injured/ill employees that are able to work to some degree but not yet released to perform all of their job duties. We found that 80% of respondents offer light duty to at least some categories of employees. As shown in the table below, of those that do offer light duty, some limit it to Workers’ Compensation-related cases only. Note also that we asked employers if they limit the number of weeks an employee may be on light duty—the limit for those indicating a specific time frame ranged from 2 to 26 weeks; however, more than half of respondents noted that light duty ended at management’s discretion…or that there was no limit at all.

Employee Category	Any Injury	Workers' Comp Only	Avg. No. Weeks
Exempt	78%	22%	9
Hospice	75	25	9
Mail-order drugs	62	38	8


· Source: Connecticut Human Resource Reports, LLC

Health Insurance Benefits in Connecticut:

163 Connecticut employers responding to CTHRR's 2005 Employee Benefit Survey told us what health benefits they make available to their fulltime employees; the table below shows the percent of respondents offering specific benefits:

Benefit	Percent
Extended care	39%
Hospice	50
Home health	57
Dental	81
Vision	63
Alcohol treatment	83
Drug treatment	82
Prescription drugs	85
Mental health	93
Mail-order drugs	88


· Source: Connecticut Human Resource Reports, LLC

Paid Time-Off Banks in Connecticut:

Thirty-nine percent of 205 Connecticut employers responding to CTHRR's 2005 Employee Benefit Survey have paid time-off plans for their office, non-exempt employees; the table below shows the percent of respondents with PTO plans offering the specified number of days:

Days	Percent
Fewer than 10	26%
10-14	17
15-19	27
20-24	16
25 or more	14


· Source: Connecticut Human Resource Reports, LLC

Connecticut: 9.2 Paid Holidays is Average

205 state employers reporting to CTHRR's 2005 Employee Benefit Survey report they offer their employees an average of 9.2 paid holidays per year. This figure is the sum of an average of a little over eight scheduled days plus an average of about one floating holiday. The most frequently observed scheduled days after the "standard six," [New Years, Memorial, Independence, Labor, Thanksgiving, and Christmas days] are the Friday after Thanksgiving [observed by 74% of respondents], the Monday after Christmas in 2005 [67%], Good Friday [65%], the Friday before Christmas in 2005 [53%], and Washington's Birthday [35%]. Source: This is taken from the CTHRR publication, 2005 Employee Benefit Survey. You can request a free report on holidays in Connecticut by sending us an email with your mailing address [limited to CT employers and those who have an interest in human resource management in CT]. Click here: holidays@CTHRR.com

Overtime for Saturdays, Sundays, and Holidays:

Although employer policies and union-management agreements often call for overtime on weekends and holidays, there is no requirement to pay Connecticut employees overtime for Saturday, Sunday, or holiday work as such; the only time overtime is required under the law in Connecticut is when the hours actually worked that payroll week exceed 40. Exception: Under Connecticut Labor Department “Mandatory Order” No. 8, employees in restaurant and hotel restaurant occupations who work a seventh consecutive day must be paid not less than 1-1/2X the applicable minimum wage, even if the employees work less than 40 hours; if they work an 8th con­secutive day, this requirement ceases. Source: This is taken from the "Overtime" section of the CTHRR publication, What to Do about Personnel Problems in Connecticut. You can request a free copy of this section by emailing CTHRR.

Connecticut Quit Notice Requirements:

109 Connecticut employers responded to our Quick Survey that asked: How many weeks of notice do you request employees give your organization when they resign? The vast majority [70%] of respondents said the expect employees to give two weeks’ notice when they quit. In addition, several employers said they expect longer periods of notice [four weeks or 30 days] from high-level employees: exempts, executives, or those in critical positions. Thirteen percent have no policy. Results: Here are the responses: (New data: December 2003)

Practice	Percent
2 Weeks	70%
3 Weeks	1
5 or more Weeks	2
Exempt 4 weeks, Nonexempt 2	14
No policy	13


· Source: Connecticut Human Resource Reports, LLC