Summer Sizzlers or Snoozers? Five Things for Employers to Monitor

Sometimes the dog days of summer produce more than just wilted flowers and overpriced iced coffee. Here are five developments worth watching as we head into fall.

I’ve been sitting on my hands for weeks, wanting to write about something — anything — happening in employment law. The truth is, there just hasn’t been one earth-shattering development that screamed “blog post!” But as I reviewed my notes while sipping my first pumpkin coffee of the season from Dunkin (yes, it’s August, don’t judge me), I realized I had enough smaller observations that, collectively, paint an interesting picture of where we’re headed.

None of these trends will revolutionize your HR department overnight, but savvy employers should keep them on their radar screens.

1. The EEOC’s Mysterious Case of the Disappearing Investigations

Something peculiar is happening with EEOC complaints, and it’s got my attention.

We handle EEOC matters from jurisdictions across the country, and lately, we’re seeing more cases dismissed with minimal investigation — or sometimes no real inquiry at all. Even stranger? Some cases are getting dismissed faster than a reality TV contestant, while others just… sit there gathering digital dust.

Now, before anyone panics or celebrates (depending on which side of the complaint you’re on), let me be clear: a handful of cases doesn’t constitute a scientific study. These could just be outliers. But with the current administration firmly controlling the agency, it feels like the EEOC might be stepping back from the investigation business for run-of-the-mill discrimination cases.

Whether it’s a policy shift, staffing issues, or simple lack of interest, this is definitely worth monitoring.

Another caveat for Connecticut employers: The state Commission on Human Rights and Opportunities continues operating normally.

2. Severance Negotiations in a Tighter Economy: Who’s Bluffing?

Economic uncertainty creates predictable employment law dynamics, and we’re seeing both sides of that coin right now.

When job opportunities shrink, employees typically file more discrimination complaints (harder to find comparable work elsewhere means they’re more likely to fight for their current position). Simultaneously, employers usually tighten their severance purse strings.

Recently, we’re witnessing an interesting dance: employees asking for enhanced severance packages, then ultimately accepting the company’s original offer. It’s too early to call this a definitive trend, but it feels awfully familiar to those of us who lived through the late 2000s economic downturn.

Bottom line for employers: Consider how much severance negotiation you want to engage in versus simply holding firm on your initial offer. Time will tell whether these employee threats materialize into actual lawsuits or just amount to expensive posturing.

3. Private School Teachers and Leave Laws: A Niche Update

Public school folks and other employers can skip ahead — this one’s specifically for private schools.

Here’s a technical but important update from Heidi Lane at the Connecticut Department of Labor regarding teacher certification and leave coverage for private schools based on the new law effective October 1st.

The old interpretation: Teachers at private schools whose positions didn’t require certification were covered by CTFMLA — even if they actually held the certification.

The new clarification: If a private school requires certification for its teachers, those teachers won’t be covered by CTFMLA starting October 1st. However, since most private schools don’t require certification, this change will have limited impact.

Still, private school administrators should review their job requirements and make sure they understand how this affects their leave obligations.

4. CTFMLA’s Geographic Puzzle: Where Does Your Out-of-State Employee Really Work?

A recent discussion thread on a lawyer message board raised a question that employment lawyers think about but rarely ask out loud: Does CTFMLA apply to employees based in other states but working for Connecticut employers?

Picture this: Your employee reports to your New York location but works for your Connecticut-based business. Are they covered by Connecticut’s family leave law?

Heidi Lane from the CTDOL provided the technical answer: It depends on where the employee is reported for unemployment insurance purposes. If they’re reported to Connecticut, then according to the CTDOL, CTFMLA applies. (Whether courts would agree is another question entirely.)

Action item for employers: This is an excellent time to audit your unemployment insurance and tax reporting to identify any potential outliers who might unexpectedly fall under Connecticut law.

5. The CTDOL’s New Outreach Campaign: Don’t Be Surprised by That Phone Call

Here’s something that might catch you off guard: The Connecticut Department of Labor’s Rapid Response Unit is expanding its reach.

Previously, this unit primarily contacted employers who filed WARN notices to discuss those notices and the state’s Shared Work program. Now, according to my CTDOL sources, the team is reaching out to employers laying off five or more employees — typically triggered by unemployment compensation filings.

Important to remember: This outreach is entirely voluntary. You’re under no obligation to cooperate, and you can instruct employees not to participate. Of course, you’re also free to listen and consider any advice offered.

If you receive such a call, consider discussing strategy with your employment attorney before proceeding.

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The Verdict

Summer may be winding down (pumpkin coffee doesn’t lie), but employment law never takes a vacation. These five trends might seem modest individually, but collectively they suggest we’re heading into a busy fall season.

Keep your eyes open, stay informed, and remember: in employment law, the small stuff often becomes the big stuff when you’re not paying attention.

Questions about any of these developments? Feel free to reach out. And yes, I’ll probably have moved on to pumpkin everything by the time you read this.