Welcome to Our Newest Members | |
A warm welcome to our newest members!* We encourage you to connect with them soon and see where your next partnership can be! | |
To advertise your business or organization in the April member marketplace and get premier placement for your company, contact David Huck at dhuck@waterburychamber.com or call 203-757-0701. Space is limited! $100 per ad. | |
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- Thursday, March 21 at 3 p.m. - Bluebird Counseling - 900 Straits Turnpike, Suite C 106, Middlebury
- Thursday, April 25 at 1:30 p.m. - Braxton Manufacturing 60th Anniversary Celebration - 858 Echo Lake Road, Watertown
Come out and help your fellow Chamber members come celebrate their special occasion!
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Travel to Croatia with the Chamber in 2024 | |
Do you love Italy? Then you'll love Croatia! Our trip to Croatia in October will feature an excursion to Venice! If you'd like to learn more, we will be holding an information session on Monday, March 11 at Naugatuck Valley Community College from 5:30 p.m. to 7:30 p.m. Email Terry Macary at tmacary@waterburychamber.com or call 203-757-0701 to register. | |
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Looking for a unique opportunity to network beyond the golf course? Join more than 60 travelers from the region and explore the beauty of Croatia and the Dalmatian coast during the Waterbury Regional Chamber's next trip abroad, taking place October 13 to October 21, 2024.
Secure your spot by March 29, 2024 and save! Optional Dubrovnik extension that runs until October 24. Price includes airfare from New York, hotels for 8 nights, select meals, day trips, and more.
For more information, visit www.waterburychamber.com/travel
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HR Corner: Who Owns Social Media Accounts: The Employer or the Employee? | |
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The Second Circuit Court of Appeals recently decided an important case involving the ownership of social media accounts that employees use in connection with their employment. JLM Coutoure v. Gutman, (2024).
In this case, the employee, Hayley Paige Gutman, signed an employment agreement with JLM to design a line of bridal wear in exchange for a salary plus “additional compensation” tied to the sale of the products she designed. Gutman also agreed: (1) not to use her name (or any derivatives of her name) in commerce once JLM registered a trademark thereof; (2) that various categories of creative material she produced would be JLM's property; and (3) to certain noncompete, non-solicit, and nondisclosure restrictions. The agreement was silent on social media account ownership.
During her employment, Gutman created a Pinterest account and an Instagram account using the handle “@misshayleypaige,” which was a derivative of her name that she had used for other social-media profiles not in dispute. The Pinterest and Instagram accounts were created using Gutman's name, personal cell phone number, and a personal email account that she also used for work purposes. Gutman also created her own passwords.
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JLM did not direct Gutman to open the accounts; however, over time the Pinterest and Instagram accounts served as “critical advertising platforms” for JLM's products. The accounts depicted JLM’s bridal gowns, provided information about JLM's promotional events, and were used to respond to sales inquiries. Other JLM employees assisted in managing the accounts and responding to customer messages and eventually at least two other employees had access to the Instagram Account.
In 2019, JLM and Gutman attempted to negotiate amendments to the employment agreement but were unsuccessful. Gutman subsequently changed the passwords on the accounts and refused to give JLM access. JLM filed a lawsuit against Gutman alleging that she breached her employment contract in part by not giving JLM access or use of the accounts.
The lower court found that ownership of the accounts belonged to JLM. However, on appeal and applying well-established property law, the Second Circuit found otherwise stating that the first step in deciding ownership determination is to determine the original owner of the account. Here, the Second Circuit stated that if Gutman create the accounts using her personal information and for her personal use, then those rights belonged to her, no matter how the account may have been used later.
The Second Circuit then remanded the case back to the lower court to make the determination under the correct principles and if the lower court concluded that Gutman owned the account at creation, it would then need to decide whether JLM subsequently took ownership of the accounts by operation of the employment agreement or some other agreement between the parties. Importantly, the Second Circuit confirmed that traditional principles of property law guide the analysis and the fact that Gutman transferred some or all of her rights in particular content posted on the accounts does not by itself support an inference that she transferred ownership nor does it matter that Gutman allowed others to assist in managing the account.
Takeaway for Employers: This case underscores the importance of making clear in a written agreement that all social media accounts that employees are expected to create and administer as part of their job duties are exclusively owned by the employer or assignable upon request by the employer. This includes all content used on the account and account handles. Employers should also require that any such accounts be created only using the company’s email address and contact information. It would also be good practice to ensure that such accounts are dedicated to work function and content thereby making ownership clearer and/or assignment less objectionable.
Arthur Schaier is a partner in Carmody Torrance Sandak & Hennessey LLP’s Intellectual Property group. Nick Zaino is a partner in the firm’s Labor & Employment group.
This information is for educational purposes only to provide general information and a general understanding of the law. It does not constitute legal advice and does not establish any attorney-client relationship.
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From Our Newsletter Sponsor:
Post University Appoints Accomplished Executive and Academic Leader as Chief Academic Officer
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Post University is pleased to announce the appointment of Sandra G. Affenito, Ph.D., as Chief Academic Officer. Dr. Affenito brings a distinct background in higher education, healthcare, industry, private practice, and bio-behavioral research. As Chief Academic Officer, Affenito will provide the executive leadership and vision to ensure enriched, personalized learning experiences for all students to realize their fullest potential.
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“I am thrilled to welcome Sandra to the Post family and look forward to her insight and guidance as we plan for the future,” said Post University CEO and President John L. Hopkins. “Her diverse experience in academic leadership and proven record of success uniquely position her to lead us to even greater heights of excellence and innovation.”
Following a nationwide search, Affenito emerged as the top candidate due to her experience in spearheading and establishing over thirty new career-focused academic programs across disciplines, degree levels and modalities to revitalize and grow organizations. Affenito is an alumna of HERS, graduate of the Institute for Educational Management at Harvard University, and a 2020 Fellow of the Executive Leadership Academy at the University of California Berkeley Center for Studies in Higher Education.
Dr. Affenito holds a Ph.D. in Nutritional Science from the University of Connecticut and completed postdoctoral training in Biomedical and Behavioral Sciences at Wesleyan University through the National Institutes of Health, Office of Women’s Health, authoring over seventy scientific peer-reviewed publications in her research career. She holds certificates in higher education leadership from the HERS (Higher Education Resource Services) Institute, and the Harvard Institute for Institutional Education Management. She is a 2020 Executive Leadership Academy (ELA) Fellow of the University of California, Berkeley-Leading in a Multicultural and Global Environment.
“I am passionate about the transformational power of education for all students and am deeply dedicated to advancing an innovative student first culture and extraordinary student experience endorsing the distinctive mission at Post University,” said Dr. Affenito.
For more information about Post University, visit www.post.edu.
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On Sunday, June 2, the beloved Duck Race and Festival returns once again to downtown Naugatuck. Now in its 19th iteration, this year’s festival promises to continue the tradition of a fun and free day of festivities for the whole family. The festival also has a wide-ranging economic impact, as ticket sales for the duck race supports regional nonprofits and a number of area businesses, vendors, crafters, food trucks, and other entrepreneurs will be on hand to market and sell their products and services to thousands of attendees.
Do you know of a local nonprofit organizations that would be interested in selling Duck Race raffle tickets to the general public as a fundraising activity for their organization? Have them register at www.duckday.com
Are you looking for a way to get involved beyond participating in the raffle? Show your support for this year’s festival by volunteering for the day of the event, becoming a sponsor, promoting your business through a vending spot, selling food, or sponsor a large rubber duck in the charitable corporate duck race.
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Watertown Oakville Chamber News | |
Hiring & Training Programs Available | |
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The Northwest Construction Careers Initiative
NCCI — The Northwest Construction Careers Initiative — offers Northwest Connecticut residents the opportunity to pursue a career in the construction and building trades. Job training and employment possibilities include:
- OSHA 10, OSHA 30, and Hazwoper certifications
- CORE Curriculum, which includes HVAC, Plumbing and Electrical
Orientation sessions are held each Thursday at 249 Thomaston Avenue in Waterbury, CT beginning at 10AM. You do not need to RSVP to attend, but you will need to be on time to participate.
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Healthcare training program
The NRWIB is currently offering training opportunities in the following fields:
- Patient Care Technician
- Central Sterile Processing
- Emergency Medical Technician
- Certified Nurse’s Aide
- Community Health Worker
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CT WHISP Program
Connecticut Workforce & High-Tech Industry Skills Partnership (CTWhisp) Program offers a variety of IT career training at schools such as Naugatuck Valley Community College and Patrick’s Academy.
Naugatuck Valley Community College in partnership with the Northwest Regional Workforce Investment Board is offering grant-funded, short-term (15 weeks), IT course clusters aligned with industry certifications and supportive services. Clusters include Networking, Programming, Systems, Software and Project Management. Each IT cluster has been mapped to Microsoft and/or CompTIA certifications. The course clusters are offered free of charge to eligible CTWHISP participants. Additional services include enrollment assistance, academic advising, and employment services. In addition to gaining skills and stackable credentials, participants at NVCC will earn between 9-12 college credits that may be used towards a degree.
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