This HR Corner is brought to you by Carmody Torrance Sandak & Hennessey LLP. Written by Attorney Nick Zaino and Romania Morley*

There is no doubt that the ongoing pandemic has significantly changed the workplace. An increasing number of employees are working remotely, and there has been a high level of turnover in connection with the “Great Resignation”. We also have seen the federal government, many states—including Connecticut—and cities pass employment laws that provide greater employee rights that are reshaping the workplace.

Hiring – Employers should review recruiting practices and postings to ensure compliance with discrimination laws and that they further the principles of DEI. Job descriptions should be updated and list truly essential job functions. Employment applications should be vetted for inappropriate questions and include all appropriate disclosures and notices. Employers should provide written offers of employment that include basic information about the job, an at-will statement, and indicate whether employment is subject to any contingencies such as a drug testing and/or background check. 1-9 forms must be completed, and employees should be given confidentiality and/or non-compete agreements when the offer is extended. 

Wage & Hour – Employers must ensure that there is an accurate process for recording work hours. Employers should review wage payment policies, how PTO is accrued, carryover time, and whether PTO is paid out on separation of employment. Employees must be paid on at least a bi-weekly schedule and within eight days after the end of the payroll period. Exempt/non-exempt and independent contractor classifications should be closely scrutinized. Bonus plans should be written, clear, and scrupulously followed. Employees must be paid for all compensable time worked including on-call, training, and traveling time.

Review of Personnel Policies – With recent new laws, updating the handbook is crucial. This review should include, among others: that EEO policies include new protected classes; anti-harassment policies are legally compliant; there is a proper FMLA policy; drug testing policies account for legalized marijuana; PTO policies comply with the sick leave law; and employees have signed an acknowledgement of receipt.

Posting, Record-Keeping, and Required Documentation – Ensure records are maintained for the required period. Personnel, medical, immigration and investigation files should be maintained separately. Electronic files also should have limited access and be controlled. Confidential records must be secured, marked as confidential, and disclosed on a need-to-know basis. Postings are required for FMLA, non-discrimination/harassment, electronic monitoring, OSHA, workers’ compensation, sick leave, pregnancy accommodation, and wage and hour. Employers should have toolkits for administering the FMLA and other medical leaves, and for addressing employee performance.

Analysis of the Termination Process – Having a thoughtful protocol for the termination process is critical. It is helpful to review a liability checklist, consider severance pay, address benefit information, and return of all company property.

In just a few short months, 25,000 rubber ducks will once again float down the Naugatuck River as the 17^th annual Duck Race & Festival returns on June 5, 2022 to downtown Naugatuck. If you are a nonprofit organization looking for a fun and easy way to raise money for your cause, consider participating in this year’s Duck Race festivities.

Over the past 16 years, the Duck Race and Festival has helped more than 375 organizations raise more than $426,000 through their participation in Duck Day activities. These funds have helped organizations, both large and small. Getting involved is simple. Head to duckday.com and click on the “Raise Funds” link, then fill out the form for your organization.

Organizations can begin selling ticket on March 30; organizations can sell either physical tickets or direct individuals to purchase them online. The last day that nonprofits can sell tickets is May 26; after that the Chamber will offer direct ticket sales until the start of the event on June 5^th.

As part of your Waterbury Regional Chamber Membership, you can receive free subscriptions to the Hartford Business Journal and New Haven Biz publications. Click the links below to sign up today!

The Naugatuck Chamber of Commerce will present its 2021 Lewis A. Dibble Sr. Award in February to Attorney Carlos A. Santos of Fitzpatrick | Santos | Sousa | Perugini P.C. during its 100^th Annual Meeting and Lewis A. Dibble Award Dinner presented by Ion Bank.

The award, presented annually by the Chamber, recognizes an individual’s outstanding contributions to the business and the socioeconomic well-being of Naugatuck. Santos will receive the award during the Naugatuck Chamber’s 100^th Annual Meeting and Lewis A. Dibble Award Dinner presented by Ion Bank on Thursday, February 24 at the Aria banquet facility, located at 45 Murphy Road in Prospect. The meeting will begin with cocktails at 5:30 p.m., followed by dinner and the awards program at 6:30 p.m.

Santos, a Naugatuck native, is a personal injury, criminal law, and real estate lawyer with the firm Fitzpatrick | Santos | Sousa | Perugini P.C., which he joined in 1994. He has argued cases before the Connecticut Superior Court, Connecticut Appellate Court, and the Connecticut Supreme Court. In addition to English, he is fluent in Spanish and Portuguese. Santos has also had a longtime involvement in local commercial and residential real estate development.

With now here 2022 and changes in the Family Medical Leave Act and roll out of CT Paid Leave Act, equip yourself with the resources you need for your business, large or small, for the changes in the Connecticut Paid Leave program. Be sure to check out the information and learning opportunities from CT Paid Leave to help you manage the process.