Labor & Employment

East Penn Manufacturing is one of the largest battery manufacturers in the world. On May 9, 2023, a federal jury in Pennsylvania awarded $22 million in back wages to over 7,500 employees. According to the United States Department of Labor (US DOL), the award is the largest recorded jury verdict
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Seemingly overnight, Artificial Intelligence (“AI”) has gone from the pages of science fiction to the world of science fact, permeating nearly every aspect of our lives from healthcare to online shopping. Its most recent and pervasive form is ChatGPT, a Generative AI program created by Open AI and launched in
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The National Labor Relations Board (NLRB) recently issued a ruling in McLaren Macomb (2023) finding that broad confidentiality and non-disparagement clauses in severance agreements violate the National Labor Relations Act (NLRA). In McLaren, a hospital furloughed 11 employees and offered them each a severance agreement and general release that contained
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U.S. Citizenship and Immigration Services (USCIS) recently issued policy guidance to clarify the validity period of employment authorization for F-1 nonimmigrant students experiencing severe economic hardship due to emergent circumstances. USCIS clarified that it can grant off-campus SSR employment authorization for the entire duration of the Federal Register notice validity
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On February 22, 2023, the United States Supreme Court ruled in Helix Energy Solutions Group, Inc. v. Hewitt, that a highly compensated employee paid exclusively on a daily rate basis (as opposed to a weekly basis) did not satisfy the “salary basis” test and was therefore not exempt from the
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The Connecticut legislative session convened on January 4, 2023. We have summarized below various bills that are currently pending before the Labor and Public Employees Committee.  While some of these bills have a much better chance of passing than others, it is important to keep a pulse on proposals that
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Carmody’s Corporate team lead by Tom Candrick and Kevin Palumberi advised GEM Manufacturing on its sale to Core Industrial Partners, with support from Adam Brocklehurst, Johanna Bachmair, Deborah Brancato and Mark Williams. Click here to read: Private equity firm acquires Waterbury business | Hartford Business Journal

Feb 9, 2023 at 12:00 pm to 1:00 pm Carmody Labor & Employment partners Stephanie Cummings and Vincent Farisello will present for the ManufactureCT 2023 Labor Law Update. Learn the newest legal requirements for managing your business and being up-to-date on the law.  Click here for more information

A practical compliance workshop for employers and HR professionals in Connecticut Please join us for this highly interactive half-day workshop where we will “roll up our sleeves” and discuss numerous real-world scenarios in depth. Our goal is to not only provide attendees with an understanding of their basic obligations, but
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Carmody Labor & Employment partner, Vincent Farisello, quoted in article regarding CT’s new Clean Slate law could boost workforce, but employers must take note | Hartford Business Journal

January 19, 2023 SECURE 2.0 Act of 2022, was part of the Consolidated Appropriations Act, 2023, signed by President Biden on December 29, 2022. This Act makes numerous important changes to various retirement plan rules, affecting 401(k) and 403(b) plans, and enhances some changes made in the 2019 SECURE Act.
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January 19, 2023 On January 5, 2023, the Federal Trade Commission (FTC) proposed a new rule that, if implemented, would prohibit employers from entering into non-compete agreements with their workers (with limited exceptions). The proposed rule would also require employers to rescind existing non-compete restrictions with current and former workers.  
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https://www.law360.com/pulse/articles/1563389/carmody-torrance-promotes-3-to-partner Carmody law firm elevates three to partner | New Haven BIZ

Carmody has elected three of its lawyers to the partnership effective January 1, 2023. Commenting on the promotion of the new partners, Managing Partner Rick Street said: “Stephanie, Janie and Tamara are all dedicated, smart lawyers who have made significant contributions to the firm and the communities where they live
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The IRS, in Notice 2022-55 has announced increased 401(k) plan limits for 2023.  The increases are larger than usual due to inflation.  Here is what you need to know: The 401(k) deferral limit is increased to $22,500 from $20,500. Note this increase applies to 403(b) plans as well. The total contribution limit
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In recent days, pictures of documents labeled “top-secret” and “classified” strewn about the carpet of Mar-a-Lago have dominated the news headlines. These pictures have been shocking but likely don’t seem applicable to the general public given that the vast majority of people will never possess such sensitive state secrets. However,
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Timothy Klimpl provides insight on how Connecticut employers can handle the increase of health insurance rates for the Hartford Business Journal. Click here to read the full story.

Tim Klimpl is featured in Fortune’s CFO Daily. Click here to read the story.

Tim Klimpl discusses cryptocurrency as a form of compensation for the Connecticut Business & Industry Association. Click here to read the article.

The use of cryptocurrency is starting to gain a substantial foothold in employment and compensation according to the U.S. Department of Labor. For startup companies and other employers, this trend should call for both excitement and caution. First, last month the DOL’s Employee Benefits Security Administration published a compliance assistance
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Earlier this afternoon, the U.S. Supreme Court issued a stay blocking the Occupational Health and Safety Administration (“OSHA”) from enforcing its “vaccine or test” mandate previously imposed on businesses with 100 or more employees.  This case will return to the Sixth Circuit Court of Appeals for the underlying merits to
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Mark Williams and Tim Klimpl break down the basics of remote work and state withholding in the latest article for the CBIA. Click here to read the article.

The IRS recently issued FAQs regarding the temporary, 100% COBRA subsidy created by the American Rescue Plan Act of 2021 (“Rescue Plan Act”). This subsidy is available to “Assistance Eligible Individuals” for COBRA continuation coverage during the period April 1, 2021 through September 30, 2021. We previously covered developments relating
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Sarah Healey discusses COVID-19 “long haulers” returning back to the workplace. Click here to read the full article.

In our March 29 e-alert concerning the new COBRA subsidy, we indicated that we would advise when the new COBRA notices from the U.S. Department of Labor (DOL) became available. The DOL published the model notices on April 7, 2021. Background: Under the American Rescue Plan Act (“ARPA”), a temporary
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Timothy Klimpl, of New Canaan, Connecticut has recently joined Carmody Torrance Sandak & Hennessey LLP as Counsel in the firm’s Stamford office. Tim is a seasoned attorney with experience providing ERISA advice and related services to a variety of plan sponsors and employee benefit plans, including corporate, nonprofit, multiemployer and
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As a result of the COVID-19 crisis, the Connecticut Commission for Human Rights and Opportunities (“CHRO”) has announced it will provide extensions of time for certain deadlines for COVID-19 related reasons. Sexual Harassment Training The CHRO posted on its website that it will consider a 90-day extension of the deadline
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What is the program? The Shared Work Program is administered by the Connecticut Department of Labor (“CTDOL”). It is designed to save jobs and retain workers by offering an alternative to layoffs. It allows employers to temporarily reduce an employee’s hours and supplement lost wages with partial unemployment benefits. What
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Pursuant to the Governor’s Executive Order No. 7Q (“Order No. 7Q”) of March 30, 2020 (click here), the remote notarization provisions of Executive Order No. 7K were modified to address some of the issues and oversights therein. While the 10-year retention requirement for recordings remains, Order No. 7Q does incorporate
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Enabling work from home is a solid start to managing your organization’s COVID-19 risks.  Yet, while it resolves some issues, it raises others.  Before providing remote access to the company’s IT systems and digital assets, consider the privacy and data security implications of telework.  Here are a few top-of-mind considerations:
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