The 2022 Regular Session of the Connecticut General Assembly concluded on May 4, 2022. While not as groundbreaking as the two last full legislative sessions, and while many far-reaching bills that emerged from committee were not passed by the legislature, important bills regarding employee free speech (i.e., the much vaunted captive audiences legislation) and employment protections with respect to domestic violence were enacted. (We consider it particularly noteworthy that efforts to significantly restrict the use of covenants not to compete by most Connecticut employers were unsuccessful.) The following are brief descriptions of some of these employment-related bills, all of which have been signed by the Governor.
EMPLOYEE FREE SPEECH AND CAPTIVE AUDIENCES
Public Act 22-24 (An Act Protecting Employee Freedom Of Speech And Conscience), which takes effect on July 1, 2022, prohibits employers from requiring employees to attend meetings (or listen to speech or view communications) sponsored by the employer, the primary purpose of which is to communicate the employer's opinion concerning religious or political matters. This Act does NOT prohibit: 1) Employers from communicating to their employees any information that the employer is required by law to communicate or is necessary for employees to perform their job duties; 2) institutions of higher education from meeting or communicating with employees as part of coursework, symposia, or an academic program at the institution; 3) casual conversations between employees (or a single employee) and an agent/representative of an employer, provided that participation in the conversations is not required; or 4) a requirement limited to an employer's managerial and supervisory employees. The Act also does not apply to a religious corporation, entity, association, educational institution, or society that is exempt from the requirements of Title VII of the Civil Rights Act of 1964 or the Connecticut Fair Employment Practices Act with respect to speech on religious matters to employees who perform work connected with such entities activities.
In addition to these so-called captive audience provisions, the Act amends the state statute protecting employees from discipline or discharge due to their exercise of free speech (Connecticut General Statutes 31-51q) by limiting the damages available under it to lost wages/compensation, and thus eliminates any right to punitive damages, although attorneys fees/costs remain available. However, the Act also broadens Conn. Gen. Stat. 31-51q so as to prohibit employers from even threatening to subject an employee to discipline or discharge due to their exercise of free speech rights.
NON-DISCRIMINATION/EMPLOYMENT & DOMESTIC VIOLENCE PROTECTIONS
Public Act 22-82 (An Act Concerning Online Dating Operators, The Creation Of A Grant Program To Reduce Occurrences Of Online Abuse And The Provision of Domestic Violence Training and Protections For Victims Of Domestic Violence), which takes effect on October 1. 2022, lowers the threshold of an employer covered under the Connecticut Fair Employment Practices Act (CFEPA) from three employees to one employee or more. The Act expands the definition of employee" under CFEPA to include any elected or appointed official of a municipality, board, commission, counsel or other governmental body.
The Act adds status as a domestic violence victim as a protected class under CFEPA (and prohibits discrimination against such persons). The Act amends CFEPA to prohibit employers from refusing to provide a reasonable accommodation (including a reasonable leave of absence) to an employee for the purpose of seeking attention to injuries caused by (or services relating to) domestic violence, unless the absence would cause an undue hardship to the employer. Employers can request certain specified supporting documentation from employees with respect to a request for such a leave of absence; however, employers must maintain the confidentiality of information (to the extent permitted by law) regarding ones status as a domestic violence victim.
The Act authorizes the Connecticut Commission on Human Rights and Opportunities (CHRO) to require employers with three or more employees to post in a prominent location information concerning domestic violence and the resources available to victims of domestic violence. The Act requires eachstate agency (but not private employers)to provide a minimum of one hour of training and education related to domestic violence and the resources available to victims of domestic violence 1) to all employees by July 1, 2023, and 2) to all employees hired on or after January 1, 2023, not later than six months after they start work. The Act sets forth the contents of such training, and these training requirements may be met by using the online training and education video (or other interactive method of training and education) to be developed by CHRO in conjunction with the Connecticut Coalition Against Domestic Violence (and made available at no cost to each state agency).
PREVAILING WAGE ENFORCEMENT
Public Act 22-17 (An Act Concerning Wage Theft) authorizes (as of July 1, 2023) the Connecticut Commissioner of Labor to issue increased fines and citations (i.e., $5,000 per violation) to contractors and subcontractors who violate the state's prevailing wage laws. The Act requires the Commissioner to maintain a list of contractors/subcontractors that during the three preceding years violated the prevailing wage laws or entered into a settlement with the Commissioner to resolve such claims. For each contractor/subcontractor on this list, the Commissioner shall record: 1) The nature of the violation; 2) the total amount of wages and fringe benefits making up the violation or agreed upon in any settlement; and 3) the total amount of civil penalties and fines. The Commissioner shall review the list each year for the preceding rolling three-year period and may refer for debarment any contractor/subcontractor that committed a violation during this period. The Commissioner shall refer for debarment any contractor/subcontractor that entered into one or more settlement agreements where the total of all settlements within the period exceeds $50,000 in back wages or fringe benefits or civil penalties or fines. Any such contractor/subcontractor may request a hearing before the Commissioner to contest such a finding.
CANCER RELIEF BENEFITS
Public Act 22-139 (An Act Concerning Adoption Of The Recommendations Of The Task Force To Study Cancer Relief Benefits For Firefighters) requires (commencing on July 1, 2023) that each town make the following contributions to the firefighters cancer relief program account: 1) $10 per career/paid firefighter within the town, and 2) $5 per volunteer firefighter within the towns volunteer district(s). The Act requires CONN-OSHA to adopt 1) Lavender Ribbon Report Best Practices for Preventing Firefighter Cancer, and 2) a practice requiring that all firefighters be provided with at least two sets of turnout gear (to ensure clean gear is worn while contaminated gear is properly cleaned), except towns with populations of fewer than 50,000 are exempt if they are equipped with advanced cleaning washers/extractors. The Act requires the Workers Compensation Commission to 1) maintain a record of all firefighters workers compensation claims made due to a cancer diagnosis, and 2) report annually to the General Assembly regarding this record. The Act requires the Comptroller to conduct a feasibility study on providing pension benefits to firefighters in circumstances when the required pension service years are not met due to early retirement resulting from a qualifying cancer diagnosis. NOTE: A prior version of this bill, that would have created a rebuttable presumption for workers compensation benefits for certain cancer diagnoses, did not pass.
OCCUPATIONAL LICENCES AND PRIOR CRIMINAL RECORDS
Public Act 22-88 (An Act Concerning Collateral Consequences Of Criminal Convictions On Occupational Licensing), which takes effect on October 1, 2022, limits the ability of state licensing agencies to revoke, suspend, or deny certain occupational licenses on account of the commission of a felony to only those felonies that are reasonably related to the holder's ability to safely or competently perform their work. Among the practitioners affected by this revision would be licensed clinical and Masters degreed social workers, art therapists, dietician-nutritionists, architects, public accountants, certain tradespersons, estheticians, eyelash and nail technicians. The Act also extends the prohibition on the Department of Public Healths summarily taking action with respect to practitioners for conviction of a felony to cover licenses for embalmers and funeral directors.
UNEMPLOYMENT COMPENSATION
Special Act 22-13 (An Act Concerning Unemployment Compensation Experience Rates) requires the Connecticut Department of Labor to study businesses that had their experience rates increase despite last years passage of Public Act 21-5 (An Act Concerning The Removal Of COVID19 Related Layoffs From The Unemployment Compensation Experience Account), and to then submit a report with its findings and recommendations to the General Assemblys Labor and Public Employees Committee by January 1, 2023. The report will include identification of 1) employers that had increased experience rates, 2) how many people were impacted, and 3) the cost to both the state and the employer.
TECHNICAL AND MINOR CHANGES
The titles of Public Act 22-67 (An Act Concerning Technicaland Other Changes To The Labor Department Statutes) and Public Act 22-89 (An Act Concerning Minor And Technical Changes To The Workers' Compensation Act) largely speak for themselves.
LAST, BUT NOT LEAST, THE BUDGET IMPLEMENTER
On May 7, 2022, Governor Lamont signed, Public Act 22-118 (An Act Adjusting The State Budget For The Biennium Ending June 30, 2023, Concerning Provisions Related To Revenue, School Construction And Other Items To Implement The State Budget And Authorizing And Adjusting Bonds Of The State), which, as it title suggests, contains provisions ostensibly intended to implement the state budget. Not surprisingly, this 739-page legislation contains numerous provisions that are not necessarily budget-related. Here are some of the Acts employment-related provisions.
Connecticut Retirement Security Program
-The Act eliminates the Connecticut Retirement Security Authority (CRSA) and makes the Office of the State Comptroller its successor for administering the retirement program. The Act converts CRSAs board of directors to an advisory board and renames the program the Connecticut Retirement Security Program (as opposed to the former Connecticut Retirement Security Exchange title).
State and Non-Unionized Employee Wage/Benefits
-The Act increases judicial salaries by about 5%.
-The Act requires each state agency to apply to its nonunion state employees the following terms from the agreement between the state and the State Employee Bargaining Agent Coalition (SEBAC): 1) for 2021-22, a $2,500 lump sum payment and 2.5% base annual salary increase; 2) for 2022-23, a 2.5% increase plus step increases, annual increments, or their equivalents, and a $1,000 lump sum payment); and 3) for 2023-24, a 2.5% increase plus step increases, annual increments, or their equivalents.
-The Act requires health insurance coverage for children, stepchildren, or other dependent children of state or nonstate public employees via the State Partnership Plan to continue until at least the end of the calendar year after the earlier of when they 1) obtained coverage through their own employment, or 2) turn age 26.
Teacher Retirement System
-The Act excludes school business administrators who hold a certificate with an administration endorsement from the Teacher Retirement System (TRS).
-The Act limits TRS eligibility for professional employees of the State Education Resource Center (SERC) to only those hired before July 1, 2022.
-The Act explicitly includes Connecticut Technical and Career System professional employees within the TRS.
-The Act increases from $220 to $440 per person the monthly health insurance subsidy under the TRS for eligible retired teachers (and their spouses or surviving spouses or disabled dependents) who receive health insurance coverage from the retirees last employing board of education.
Connecticut Paid Family and Medical Leave
-Similar to non-paid FMLA leave statutes, this Act makes it a violation of Connecticuts paid family and medical leave law (PFML) for an employer to: 1) interfere with, restrain, or deny the exercise of, or the attempt to exercise, any right provided by the PFML, or 2) discharge or cause to be discharged, or otherwise discriminate against someone for opposing any practice made unlawful by the PFML or exercising the rights afforded under the PFML.
Unemployment Compensation
-For 2022-2023, the Act reduces the unemployment tax rate that new employers must pay by 0.2% (from 1.4% to 1.2%).
Premium/Pandemic Pay
-The Act establishes a Premium Pay Program that will be administered by the Comptroller to pay out of state funds to private sector employees deemed eligible to receive a COVID-19 vaccination in phases 1a or 1b of the vaccination program and who were employed during the period of the COVID-19 state of emergency, lump sums of $200 to $1,000 using available appropriations, on a first come, first-served basis. In order to be eligible for these benefits, employees must apply by October 1, 2022. The Act further sets forth the process & criteria for applying for such pay.
-The Act also provides that no employer shall: 1) Discharge or in any manner discipline or discriminate against any employee because the employee has filed an application for pandemic pay, or 2) deliberately misinform or dissuade an employee from filing an application for payment from the Connecticut program. The Act provides a private cause of action for those alleging a violation of this provision.
Homemaker-Companion Agency and No-Hire Clauses
-The Act prohibits (as against public policy) contracts between a homemaker-companion agency or home health agency and a client from including a no-hire clause that, should the client directly hire an agency employee: 1) imposes a financial penalty; 2) assesses any charges or fees, including legal fees; or (3) contains any language that can create grounds for a breach of contract assertion or a claim for damages or injunctive relief. (NOTE that current law already largely bars covenants not to compete in employment contracts for homemaker, companion, or home health services.)
[View source.]
Read more from the original source:
The Aftermath: Developments from the 2022 Session of the Connecticut General Assembly Affecting Employers - JD Supra
- Here's what the law says about protesting on Texas college campuses - The Texas Tribune - April 25th, 2024 [April 25th, 2024]
- The awkward truth about sex and free speech | Nina Welsch - The Critic - April 25th, 2024 [April 25th, 2024]
- Get the Facts: How far does the First Amendment go? - WDSU New Orleans - April 25th, 2024 [April 25th, 2024]
- NC school adopts free speech policy after firing professor who opposed critical theory - ADF Media - April 25th, 2024 [April 25th, 2024]
- Biden's Government Takeover of the Internet Threatens Freedom of Speech - RealClearPolicy - April 25th, 2024 [April 25th, 2024]
- Professor tackles subject of limiting freedom to express - Yahoo News Canada - April 25th, 2024 [April 25th, 2024]
- Louisiana Tech earns top rating for free speech - Foundation for Individual Rights and Expression - April 25th, 2024 [April 25th, 2024]
- Freedom of speech 'under assault' at Palestine protests in US universities - The National - April 25th, 2024 [April 25th, 2024]
- Is TikTok Protected Speech Or Threat To Americans? Wyoming Legislators Split - Cowboy State Daily - April 25th, 2024 [April 25th, 2024]
- Free Speech Aids Racial Justice. Activists Must Defend It. | Opinion - Harvard Crimson - February 16th, 2024 [February 16th, 2024]
- Progressives Are Ditching Free Speech To Fight 'Disinformation' - Reason - February 16th, 2024 [February 16th, 2024]
- There is a way out of cancel culture but it's not free speech - Times Higher Education - February 16th, 2024 [February 16th, 2024]
- Editor's take: Limiting hate speech not a First Amendment violation - The Pajaronian - February 16th, 2024 [February 16th, 2024]
- Israel's Proposed 'Terror Incitement' Law Is a Dangerous Threat to Freedom of Speech - Haaretz Editorial - Haaretz - February 16th, 2024 [February 16th, 2024]
- Colorado bill tasking attorney general to study online 'misinformation' sparks First Amendment debate - coloradopolitics.com - February 16th, 2024 [February 16th, 2024]
- 10 Worst Censors: 2024 | The Foundation for Individual Rights and Expression - Foundation for Individual Rights in Education - February 16th, 2024 [February 16th, 2024]
- Harvard University's Lifetime Censorship Award: Impact on Freedom of Speech and Journalism - Medriva - February 16th, 2024 [February 16th, 2024]
- Reading is freedom of speech, says 'ABCs of Book Banning' director - KCRW's This...Is Interesting - Podcast en iVoox - iVoox - February 16th, 2024 [February 16th, 2024]
- Freedom of speech or lack of civility? Resident perturbed by others berating Killeen City Council and mayor - The Killeen Daily Herald - October 16th, 2023 [October 16th, 2023]
- Harvard Students Should Know Freedom Of Speech Is Not Freedom From Consequences - The Federalist - October 16th, 2023 [October 16th, 2023]
- FIRE launches six-figure free speech campaign with primetime ... - Foundation for Individual Rights in Education - October 16th, 2023 [October 16th, 2023]
- UGS responds to free speech concerns on campus - The Stanford Daily - October 16th, 2023 [October 16th, 2023]
- UCI Year of Free Speech kicks off with virtual event - UCI News - October 16th, 2023 [October 16th, 2023]
- Book review: A Constitution To Keep: Sedition And Free Speech In ... - Maktoob media - October 16th, 2023 [October 16th, 2023]
- Protestors, supporters gather on HUB lawn for Riley Gaines' Free ... - The Daily Collegian - October 16th, 2023 [October 16th, 2023]
- Editorial: When is free speech not free on college campuses? - TribLIVE - April 27th, 2023 [April 27th, 2023]
- How do you handle free speech issues in higher education, popular discourse? - University of Illinois Urbana-Champaign - April 27th, 2023 [April 27th, 2023]
- Free speech protections are under threat in Texas Legislature - The Dallas Morning News - April 27th, 2023 [April 27th, 2023]
- Should Irish universities introduce mandatory free speech classes? - The Irish Times - April 27th, 2023 [April 27th, 2023]
- Florida House approves bill that would change rules around campus ... - WUFT - April 27th, 2023 [April 27th, 2023]
- Free speech bill 'could protect extreme views' - Times Higher Education - April 27th, 2023 [April 27th, 2023]
- Ronald Collins and Ronnie Marmo: Comedy clubs are free speech ... - Independent Record - April 27th, 2023 [April 27th, 2023]
- A notable foundation for freedom of speech - Newsday - April 27th, 2023 [April 27th, 2023]
- Troy, Alabama A&M receive poor 'red' rating from campus free ... - 1819 News - April 27th, 2023 [April 27th, 2023]
- Freedom of Speech Pros and Cons: What Both Sides Think - March 8th, 2023 [March 8th, 2023]
- What is the freedom of speech? - Alliance Defending Freedom - January 25th, 2023 [January 25th, 2023]
- freedom of speech | Wex | US Law | LII / Legal Information Institute - January 25th, 2023 [January 25th, 2023]
- First Amendment: Freedom of Speech | LII / Legal Information Institute - January 25th, 2023 [January 25th, 2023]
- Freedom of speech online: What are the Florida and Texas laws the US top court could hear a challenge to - The Indian Express - January 25th, 2023 [January 25th, 2023]
- Elon Musk says new Twitter policy is freedom of speech & not freedom ... - January 4th, 2023 [January 4th, 2023]
- CNN Calls Freedom of Speech 'Nonsense' in Moronic Rant - December 12th, 2022 [December 12th, 2022]
- Ex-CNN journo and Nobel Peace Prize laureate Maria Ressa explains why ... - December 12th, 2022 [December 12th, 2022]
- Hate speech - Wikipedia - November 27th, 2022 [November 27th, 2022]
- Freedom of Speech and Expression | CSCE - November 25th, 2022 [November 25th, 2022]
- Why Is Freedom Of Speech Important? The Relevance Explained - November 25th, 2022 [November 25th, 2022]
- 'Freedom Of Speech, But Not Freedom Of Reach': Musk Reinstates Kathy Griffin And Jordan Peterson Amid New Policy But Not Trump Yet - Forbes - November 21st, 2022 [November 21st, 2022]
- Freedom of speech is in jeopardy - The Ridgefield Press - October 15th, 2022 [October 15th, 2022]
- The Alex Jones trap: How 'owning the libs' can turn into a self-own for conservatives - Washington Examiner - October 15th, 2022 [October 15th, 2022]
- Just released: The 2022-2023 College Free Speech Rankings - Foundation for Individual Rights in Education - September 7th, 2022 [September 7th, 2022]
- Russian Court's Ban of Newspaper Novaya Gazeta is a Punch in the Face of Freedom of Speech - Novinite.com - September 7th, 2022 [September 7th, 2022]
- Bangladeshi Editor Rifat Munim Supports Salman Rushdie's Freedom Of Speech: 'Why React To The Book Or The Cartoons In This Childish Way? Why Show... - September 7th, 2022 [September 7th, 2022]
- Crikey! The exclamation of Free Speech - RadioInfo Australia - Radioinfo - September 7th, 2022 [September 7th, 2022]
- Batley row 'shows how extremists are using blasphemy to attack free speech' - The Telegraph - September 7th, 2022 [September 7th, 2022]
- Expansion of Title IX Tramples First Amendment - California Globe - September 7th, 2022 [September 7th, 2022]
- BRACK: S.C. Senate is poking free speech bear on abortion Statehouse Report - Statehouse Report - July 29th, 2022 [July 29th, 2022]
- Will AG Ken Paxton join the fight for freedom of speech? - Wilson County News - July 29th, 2022 [July 29th, 2022]
- The UK Government Wants to Scrap the Human Rights Act. Here's What to Know. - Global Citizen - July 29th, 2022 [July 29th, 2022]
- Cancel culture empowers the powerful at everyone elses expense - Foundation for Individual Rights in Education - July 29th, 2022 [July 29th, 2022]
- Repressive executive order from UNC Chapel Hill student government cuts off funding for pro-life individuals, causes - Foundation for Individual... - July 29th, 2022 [July 29th, 2022]
- Editorial: Alex Jones' lessons on the First and Sixth Amendments - CT Insider - July 29th, 2022 [July 29th, 2022]
- NEW for 7/29: How abortion now works in S.C., and more Statehouse Report - Statehouse Report - July 29th, 2022 [July 29th, 2022]
- Why Does The State Panic Over Free Speech? - The Friday Times - July 27th, 2022 [July 27th, 2022]
- How to Fix the Bias Against Free Speech on Campus - The Atlantic - July 17th, 2022 [July 17th, 2022]
- Universities are in denial over the free-speech crisis - Spiked - July 17th, 2022 [July 17th, 2022]
- Who Really Benefits From the First Amendment? - Tablet Magazine - July 17th, 2022 [July 17th, 2022]
- Legal Eagle: Is free speech abused to flout others rights? - Free Press Journal - July 17th, 2022 [July 17th, 2022]
- Free speech 'stifled' as universities cancel record number of speakers - The Telegraph - July 17th, 2022 [July 17th, 2022]
- The Online Safety Bill could lead to the biggest curtailment of free speech in modern history - The Telegraph - July 17th, 2022 [July 17th, 2022]
- LAWSUIT: Professor sues University of Washington after admins punish him for 'inappropriate' opinion - Foundation for Individual Rights in Education - July 17th, 2022 [July 17th, 2022]
- VICTORY: Art institute reverses expulsion for student who retweeted sexual art - Foundation for Individual Rights in Education - July 17th, 2022 [July 17th, 2022]
- Twitter and Freedom of Speech | News, Sports, Jobs - The Mining Gazette - Daily Mining Gazette - June 26th, 2022 [June 26th, 2022]
- Amber Heard, the ACLU, and the Future of Free Speech - Reason - June 26th, 2022 [June 26th, 2022]
- In my view: Freedom of speech is important - Slough and Windsor Observer - June 26th, 2022 [June 26th, 2022]
- New AGB Resource Prepares Higher Education Board Members to Balance Freedom of Speech with Diversity, Equity, and Inclusion - PR Web - June 26th, 2022 [June 26th, 2022]
- 'What's the point inviting me on!' Piers Morgan and student erupt in free speech row - Express - June 26th, 2022 [June 26th, 2022]
- Binance CEO says 'free speech is very hard to define' - Business Insider - June 26th, 2022 [June 26th, 2022]
- The Deeper Significance of Justice Thomas's Second Amendment Opinion - The Epoch Times - June 26th, 2022 [June 26th, 2022]
- Twitter and freedom of speech - Washington Times - June 22nd, 2022 [June 22nd, 2022]
- Bill of Rights to strengthen freedom of speech and curb bogus human rights claims - GOV.UK - June 22nd, 2022 [June 22nd, 2022]
- Twitter and the freedom of speech | Opinion | journal-spectator.com - Wharton Journal Spectator - June 22nd, 2022 [June 22nd, 2022]