Shipman & Goodwin LLP (LexBlog United States)

3985 results for Shipman & Goodwin LLP (LexBlog United States)

  • Supreme Court Announces New Test for Determining Whether Social Media Posts Constitute State Action

    Earlier this month, the Supreme Court considered whether James Freed, a city manager who maintained a “mixed use” Facebook account on which he posted information about his personal life and his job, violated the First Amendment and was subject to liability under 42 U.S.C. § 1983 (“Section 1983”) when he deleted comments with which he...

  • Supreme Court Announces New Test for Determining Whether Social Media Posts Constitute State Action

    Earlier this month, the Supreme Court considered whether James Freed, a city manager who maintained a “mixed use” Facebook account on which he posted information about his personal life and his job, violated the First Amendment and was subject to liability under 42 U.S.C. § 1983 (“Section 1983”) when he deleted comments with which he...

  • CAS Legal Mailbag – 3/21/24

    Dear Legal Mailbag: As a middle school principal and faithful reader of Legal Mailbag, I appreciated learning about the status of text messages between teachers in the Newsblast a couple weeks ago (March 7, 2024 Legal Mailbag).  But Legal Mailbag got me thinking, and now I am anxious to know the answers to some related questions that I...

  • Governor Pushes Bill to Expand Paid Sick Leave

    Earlier this week, Governor Ned Lamont issued a press release supporting Senate Bill 12 which would dramatically expand the scope of the state’s current Paid Sick Leave law. Currently, Paid Sick Leave is available to “service workers” at certain employers with 50 or more employees. Passed in 2011, the law requires that these workers receive...

  • Proposed Legislation Would Bar Institutions of Higher Education from Considering School Disciplinary History in Admissions

    Last week, the Education Committee considered HB 5339 and, after discussion, voted to advance it beyond the committee. The proposed bill would prohibit institutions of higher education in Connecticut from considering “the school disciplinary history of an applicant for admission during the admissions process.” The bill defines “school disciplinary history” as “any record of action...

  • Bill Banning Many Non-Compete Agreements Moves Out of Committee

    As I continue the updates on legislation that is making its way at the General Assembly, it’s time to revisit a bill that has been floated in prior years — a bill banning many non-compete agreements. House Bill 5269 is this year’s version and it still has a number of restrictions that employers should be...

  • Office for Civil Rights Releases New Data Snapshot Regarding the 2020-2021 Civil Rights Data Collection

    The Department of Education’s Office for Civil Rights (“OCR”) has released a data snapshot about education access for students with disabilities drawn from OCR’s 2020-21 Civil Rights Data Collection (“CRDC”). The CRDC “gathers information about student access to educational programs, activities, staff, and school climate factors” from all public schools in the United States and Puerto...

  • New Bill Attacks Non-Disclosure Agreements and Would Protect Those Who “Reasonably Believe” Discrimination Occurred

    It’s March and things are heating up at the General Assembly so let’s get right at the bills that employers should be aware of. Senate Bill 4 — which is deemed to be a Senate caucus priority bill, and thus something employers should pay attention to — redefines discrimination in a way that has never...

  • OCR Releases New Resources Regarding Common Medical Conditions and Section 504 Compliance

    The Department of Education’s Office for Civil Rights (“OCR”) recently released important guidance about when four common medical conditions may require accommodations under Section 504 of the Rehabilitation Act of 1973. Section 504 protects the rights of individuals with disabilities in programs and activities that receive federal financial assistance including public school districts, public...

  • New Rule on Clean Energy Tax Credits Direct Pay Could Benefit Public Universities and Public Schools

    The Inflation Reduction Act of 2022 (the “IRA”) made several changes to the tax laws allowing owners to transfer certain manufacturing investment, clean energy investment and production tax credits to unrelated third parties or to elect for direct payment in lieu of the tax credit, if certain requirements are met. Direct payment now allows certain applicable entities...

  • Register Now for Connecticut Association Of Schools’ (CAS) Annual Leadership Conference 2024

    It’s not too late to register for the Connecticut Association of Schools’ Annual Leadership Conference. Several Shipman attorneys will present as part of the Connecticut Association of Schools’ (CAS) Annual Leadership Conference to be held at the Mystic Marriott in Groton, Connecticut on March 14-15, 2024. Registration is open until March 1, 2024. FERPA and FOI:...

  • CAS Legal Mailbag – 2/29/24

    Originally appeared in the CAS Weekly Newsletter Dear Legal Mailbag, As always, I found your response to be insightful, especially in terms of how we might involve law enforcement if we suspect that a parent or guardian is under the influence and the discussion of a direct appeal to parents. However, in thinking further about the...

  • DCF’s Human Trafficking Online Training for Educators Now Available

    In 2017, the Connecticut Legislature passed the Human Trafficking Awareness Public Act 17-32, establishing the requirement that the Connecticut Department of Children and Families develop an educational and refresher training program in consultation with the Connecticut Department of Emergency Services and Public Protection for the “accurate and prompt identification and reporting of suspected...

  • Neurodiversity in the Workplace – New PLI Article

    This month, I published a new article for Practicing Law Institute Chronicle entitled Neurodiversity in the Workplace. The article builds off a post I did last November by taking a look at some of the cases that have tackled the subject. For those unfamiliar with the topic, I summarized it in the article as follows:...

  • CAS Legal Mailbag – 2/22/24

    Originally appeared in the CAS Weekly Newsletter Dear Legal Mailbag, As a school administrator, I am writing to seek guidance on a pressing issue that has arisen in our school community since the legalization of marijuana in our state of Connecticut. In recent months, we have noticed a concerning increase in the smell of marijuana around...

  • Marital Status Discrimination: The Unknown Protected Class

    Last week, Law360 quoted me in an article on marital status discrimination. (They timed it for Valentine’s Day; make of that what you will.) The gist of the article is that marital status discrimination is something for employers to be mindful of. And for that premise, I’m in agreement. Several states, including Connecticut, explicitly prohibit...

  • Appellate Court Affirms That Deadlines Are, Well, Deadlines and Locks Out Employee from Proceeding with Discrimination Claim

    Employment discrimination claims are often decided on the merits of the claim. Courts routinely have to answer the question: Did the employer discriminate on the basis of a protected class against an employee in terminating the employment of that individual? But there’s another class of cases that can resolved on procedural grounds, often times in...

  • From the Archives – Beware Valentine’s Day

    Don’t believe the hype — Valentine’s Day may be for lovers, but for employers, it’s only trouble. Indeed, back in 2011, I highlighted the perils of Valentine’s Day for employers recapping various cases in which Valentine’s Day played a central role. Given the day, I thought I would reprint it today as a reminder —...

  • New Podcast Episode Tackles Upcoming Legislation and Non-Compete Agreements

    As I took a bit of a breather with some blog posts, I’m pleased to announce another new episode of the From Lawyer to Employer podcast that I’ve been hosting these last several months. On the latest episode, I invite Nina Pirrotti, an employee-side attorney who has appeared on this blog many times before, to...

  • School Climate Policy and Uniform Complaint Form for Challenging Behavior and Bullying Now Available

    In June 2023, the Governor signed Public Act 23-167, which makes significant changes to Connecticut’s bullying law that become mandatory for the 2025-2026 school year. In addition to a making variety of changes to Connecticut’s bullying law, which we described in a previous article, the new legislation requires that the Connecticut Association of Boards of Education (“CABE”)...

  • Faculty Employment Agreements

    Though springtime may still feel far away, now is the time for independent schools to be thinking about their faculty employment agreements for the 2024-2025 school year. These types of agreements are typically not extensive but do require that schools carefully consider the terms and conditions of employment that best suit the needs – and...

  • Regional Director of NLRB’s Region 1 Office Upends College Sports by Declaring That Student Athletes Are Employees

    On Monday, February 5, 2024, the Region 1 Regional Director of the National Labor Relations Board (“NLRB”) issued a Decision and Direction of Election that permits the Dartmouth College men’s basketball team to proceed forward with a union election.  The National Labor Relations Act (“NLRA”) grants expansive rights to employees of most private sector employers, including the right...

  • Regional Director of NLRB’s Region 1 Office Upends College Sports by Declaring That Student Athletes Are Employees

    On Monday, February 5, 2024, the Region 1 Regional Director of the National Labor Relations Board (“NLRB”) issued a Decision and Direction of Election that permits the Dartmouth College men’s basketball team to proceed forward with a union election.  The National Labor Relations Act (“NLRA”) grants expansive rights to employees of most private sector employers, including the right...

  • CAS Legal Mailbag – 2/1/24

    Originally appeared in the CAS Weekly Newsletter Dear Legal Mailbag, Our middle school is fully committed to the restorative practice approach to discipline.  Our “cleaning with meaning” approach extends to all areas of our school.  By way of example, should a student write on a desk, the student is given cleaning materials to remove the damage themselves versus...

  • See You In Court – February 2024

    Tom Teacher is well-known in Nutmeg, but not for the right reasons.  He is a controversial figure, regularly speaking to both the Nutmeg Town Council and the Nutmeg Board of Education during public comment in hostile tones about what he perceives to be the failings of elected officials.  Almost everyone in Nutmeg has an opinion about Tom;...

  • IRS Launches the Pre-filing Registration Tool for the Inflation Reduction Act of 2022 and CHIPS Act of 2022

    The Inflation Reduction Act of 2022 (the “IRA”) made several changes to the tax laws allowing owners to transfer certain manufacturing investment, clean energy investment and production tax credits to unrelated third parties or to elect for direct payment in lieu of the tax credit, if certain requirements are met. Among the various requirements set forth in the IRA,...

  • IRS Issues Guidance on ROTH Reporting Requirements

    For years, employees who wanted to diversify the tax treatment of contributions to their 401(k) or 403(b) plan accounts could elect to have their own deferrals made on a Roth basis, but all employer contributions had to be made on a pre-tax basis.  SECURE Act 2.0 changed that, allowing employers to make matching or nonelective employer...

  • Connecticut Supreme Court Upholds Property Tax Assessment on Out-of-State Vehicles

    The Connecticut Supreme Court recently upheld the constitutionality of taxing an out-of-state company’s vehicles in Connecticut. The court upheld a New Britain Superior Court’s decision from 2022 that the Town of Somers did not violate the dormant commerce clause of the U.S. Constitution by taxing vehicles owned by a Massachusetts LLC and registered in Massachusetts...

  • SDE Develops New Notice About Special Education Mediation to Be Read Aloud at PPT Meetings

    Last year, the General Assembly enacted several pieces of legislation that require school districts to provide parents of students receiving special education services with certain resources created by the Connecticut State Department of Education (SDE).  One piece of legislation, Section 45 of Public Act 23-137, required SDE’s Mediation Services Coordinator to, among other things, “[c]reate a...

  • CAS Legal Mailbag – 1/25/24

    Originally appeared in the CAS Weekly Newsletter Dear Legal Mailbag: One of the teachers in my building has a lot of anger, and every time we talk, I am worried that he is going to erupt. His latest gambit is to insist that he will not talk to me or to the assistant principal without his...

  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT