Abby Warren and Kayla West Discuss Timely Issue of Wage Transparency in Nation’s Restaurant News

Labor and Employment Group lawyers Abby Warren and Kayla West co-authored the article, “How pay equity and transparency laws could affect your business,” published in Nation’s Restaurant News on February 10, 2023. Pay equity and wage transparency continue to be the focus of lawmakers and an ongoing societal concern. Over a dozen state and local jurisdictions have passed laws regarding wage transparency in the last few years, in an effort to close wage gaps, based on gender and race, among other characteristics, that still exist in many industries. Pay transparency laws vary widely in their scope and purview and may contain requirements such as that employers disclose salary information to current or prospective employees in certain circumstances. include the relevant wage or salary range in all posted job positions, and/or provide employees and prospective employees with a wage or salary range for their particular position, either upon request or when an offer is made, among other requirements. These new laws not only impact employers in the restaurant industry from a legal compliance perspective, but also from a business and recruitment perspective. As a result of these laws, employers should remain cognizant of their legal obligations and understand the scope and coverage of such laws. Employers may wish to review and revise applicable hiring and employment documents, procedures and processes to ensure compliance with relevant laws. Read the full article.

Natale DiNatale and Kayla West Co-Author Material Handling & Logistics Article Offering Insights as Unionizing Efforts Accelerate

Labor Relations Group Chair Natale V. DiNatale and member Kayla West authored the article, “Unionizing Efforts are on the Rise,” published by Materials Handling & Logistics, on January 31, 2023. Drawing from the January 2023 Bureau of Labor Statistics report, the authors source evidence that labor unions are gaining momentum across the country. The authors address the reasons that employees seek a union and discusses the red flags that could mean employees are actively organizing. The authors encourage employers to take proactive steps to facilitate positive employee relations by improving communications and developing legally compliant policies and practices that effectively address employee concerns. Unionization is a real possibility for all manufacturers and can have a large effect on a business’ operations. Manufacturers can take some important steps now that may not be available once a union organizing drive begins. Read the full article.

Abby Warren and Kayla West Author Performance Management Article for Hartford Business Journal’s Economic Forecast Issue

Labor and Employment Group members Abby Warren and Kayla West co-authored the article “Here’s how to better manage your employees’ performance in 2023,” published in the Hartford Business Journal (HBJ) on January 9, 2023. Published as part of HBJ’s annual Economic Forecast issue, the article addresses the reasons employers should consider focusing on active performance management “(f)ollowing a global pandemic and resulting tight labor market, and with a potential recession on the horizon.” The authors highlight several components of successful, active performance management practices and the importance of such practices to retaining employees, making solid employment decisions, and defending against legal claims. Such strategies and tactics, both formal and informal, “can increase efficiency, create consistency in employee reward and discipline, mitigate employer liability in case of accusations of wrongdoing, and provide an important framework in the event that tough workplace decisions must be made, such as layoffs.” Read the article here.

Natale DiNatale and Kayla West Co-Author Modern Restaurant Management Article on Unions in Food & Beverage Industry

Labor Relations Group chair Natale V. DiNatale and member Kayla N. West authored the article, “Unions Are Adding Some Heat in the Kitchen For Food & Beverage Employers,” published by Modern Restaurant Management on July 25, 2022. The article examines the increase in union activity across the food and beverage industry and the implications union organizing has for employers. If employees select a labor organization as their bargaining representative, the National Labor Relations Act (NLRA) requires that the employer deal exclusively with that union with respect to any and all mandatory subjects of bargaining (wages, hours, and conditions of employment). Food and beverage employers can take some important steps before a union-organizing effort that may not be available once an organizing drive begins. Read the full article.

Abby Warren and Kayla West Co-Author Construction Executive Article on Pre-Employment Screening Processes Amid the Great Resignation

Labor and Employment Group lawyers Abby Warren and Kayla West co-authored the article, “Review Pre-Employment Screening Processes Amid the Great Resignation,” published in Construction Executive’s “CE This Week” newsletter on May 13, 2022. The article points out that after nearly two years of managing through the COVID-19 pandemic, employers across a number of industries, including construction, are being impacted by another significant challenge: the “Great Resignation.” This term refers to the trend of workers voluntarily resigning from their jobs en masse that began in 2021 and continues today. Facing the pressures of recruiting, hiring, onboarding, and integrating job candidates to fill vacancies and meet a company’s operational needs, employers have been forced to rethink their recruiting and hiring processes, including pre-employment screening processes. In light of operational challenges, the shifting legal landscape and the pressure to hire quickly, employers reviewing their pre-employment screening process should weigh all applicable factors before making changes. For employers with multi-state workforces, they should ensure that their pre-employment screening processes are consistent with the applicable state laws. Read the full article.

Abby Warren, Jon Schaefer and Kayla West Co-Author ISHN Article on the Current Status of COVID-19 Vaccine Mandates

Labor, Employment, Benefits + Immigration Group (LEB+I) member, Abby Warren, co-authored the article, “Who’s calling the shots? A look at the current status of COVID-19 vaccine mandates,” published on February 16, 2022, in Industrial Safety & Hygiene News (ISHN) Magazine. Attorneys Jon Schaefer, a member of the Environmental, Energy + Telecommunications Group, and Kayla West, a member of the LEB+I Group, also contributed to the article.

The article points out that since the COVID-19 vaccination was made available to the public in late 2020, the topic of vaccination has been widely discussed across the country, in daily news media, by governments and agencies, in the courts, in communities, and in the workplace. This led to various legal challenges, court decisions and rulings, opposition, publicity, and the implementation of various state laws prohibiting or restricting businesses’ and employers’ ability to mandate vaccination. Heading into 2022, companies have been left to face the challenge of implementing policies that are both legally-compliant under the patchwork of laws, guidance and rules regarding vaccination as well as practical. The authors remind employers “to ensure that they are up-to-date at the local, state, and federal level; understand changes that may be on the horizon with regard to applicable laws in their industry; and remain flexible in terms of their policies and procedures.” Read the full article here.

Business Transactions Team Represents Hydrofera, LLC in Sale to Essity

Robinson+Cole’s Business Transactions Team represented Hydrofera, LLC, a U.S. company based in Manchester, Connecticut, and the developer of Hydrofera Blue Antibacterial Wound Dressing, an advanced line of wound care products designed to shorten healing times, lower treatment costs, and deliver better patient outcomes, in connection with its sale to Essity, a global hygiene and health company based in Stockholm, Sweden. Our team included Adam Anderson, Christine Bromberg, Rachel Kushel, Ryan Leichsenring, John Lynch, Virginia McGarrity, Kathy Porter, Jacqueline Pennino Scheib, Emilee Scott, Kiernan Ignacio, Patrick Mulpeter, Kayla O'Leary and Kayla West. Read more about the transaction in the press release.

Labor and Employment Lawyers Write on Workplace Implications of Connecticut’s New Marijuana Law

Labor and Employment Group members, Natale DiNatale, Abby Warren and Kayla West, co-authored the article “Getting Into the Weeds of Connecticut’s New Marijuana Law and Its Impact on the Workplace,” published in the Winter 2021 edition of the Connecticut Construction Industries Association’s online magazine, Connstruction. The article summarizes some of the issues pertaining to “An Act Concerning Responsible and Equitable Regulation of Adult-Used Cannabis,” (RERACA) signed by CT Gov. Ned Lamont on June 22, 2021. It notes that starting July 1, 2021, Connecticut “join(ed) a growing number of states, and the District of Columbia, that permit the recreational use of marijuana.”  

The article also highlights a number of employment-related provisions “that impact employers and their relationship with employees and independent contractors,” and which will become effective on July 1, 2022. Among those provisions of RERACA summarized in the article are pre-employment drug testing, workplace prohibitions, medical marijuana, off-duty recreational use, and employer defenses. The authors encourage employers “to begin reviewing the new law and implementing and updating relevant policies, practices and procedures related to drug and alcohol use and testing.” Read the full article here.

Natale DiNatale and Kayla West Author Human Resource Executive Article on Employee Handbook Considerations

Labor Relations Group chair Natale V. DiNatale and member Kayla N. West authored the article “7 policies in your employee handbook that need review soon” published in Human Resource Executive magazine on June 25, 2021. The article shares insight on the ways in which a new presidential administration may impact a company’s employee handbook and offers seven considerations for employers to be mindful of when reviewing and revising their employee handbook. Read the full article.

Labor and Employment Group Lawyers Author ISHN Article on COVID-19 Vaccination Requirement in the Workplace

Labor and Employment Group lawyers Stephen W. Aronson, Britt-Marie K. Cole-Johnson, Natale V. DiNatale, Abby M. Warren, Kayla N. West and Emily A. Zaklukiewicz authored the article “The big-ticket question: Can (or should) employers require the COVID-19 vaccine of employees in the workplace?” published in ISHN (Industrial Safety & Hygiene News) on May 12, 2021. With many employees deciding to forgo getting the COVID-19 vaccine, despite the fact that is now widely available for adults in most states, employers are grappling with whether to adopt a policy requiring the COVID-19 vaccine in an effort to provide a safe and healthy work environment. The article offers an overview of the many legal and practical risks associated with adopting a mandatory vaccine policy, which employers are encouraged to recognize and evaluate before its implementing. Read the full article.  

Labor and Employment Group Lawyers Author MBA Article on Managing COVID-19 Vaccinations in the Workplace

Labor and Employment Group lawyers Stephen W. Aronson, Britt-Marie K. Cole-Johnson, Natale V. DiNatale, Abby M. Warren, Kayla N. West and Emily A. Zaklukiewicz authored the article “Taking A Shot At Answering Employers’ COVID-19 Vaccination Questions: Best Practices For Managing The COVID-19 Vaccine In The Workplace” published in the Massachusetts Bar Association (MBA) March/April 2021 Section Review newsletter. Submitted on behalf of the MBA’s Health Law Section, which Natale serves as Vice Chair of, the article covers several legal and practical issues that employers may wish to consider regarding the implementation of a COVID-19 vaccination policy in the workplace, including the significance of the Food and Drug Administration (FDA) emergency use authorization, the Equal Employment Opportunity Commission’s (EEOC) position on mandating the COVID-19 vaccine, managing employees who refuse to get the COVID-19 vaccine, privacy and confidentiality concerns and more. Read the full article.

Labor and Employment Members Author Industry Week Article on “The ABC’s of DEI”

Labor and Employment Group members Britt-Marie K. Cole-Johnson, Rachel V. Kushel, Abby M. Warren and Kayla N. West co-authored the article “The ABCs of DEI” published in Industry Week on March 12, 2021. The article offers best practices for cultivating a workplace that promotes a culture of diversity, equity and inclusion (DEI) while also supporting manufacturers' overall business objectives. “Ideally, getting DEI right this year is a priority for employers, including those that may be federal contractors subject to affirmative action laws and regulations seeking to strengthen their commitments and strategies.” Britt-Marie, Rachel, Abby and Kayla go on to share questions for manufacturers to consider posing to evaluate where they currently stand on DEI and core components for a strong DEI program. Read the full article.

Natale DiNatale and Kayla West Author Industry Week Article on Union Progress Under Biden Administration

Labor Relations Group lawyers Natale V. DiNatale and Kayla N. West authored the article “Unions Will Gain Strength with NLRB Changes” published by Industry Week on March 5, 2021. The article highlights current and potential developments within labor law under the Biden administration that may impact manufacturers in 2021. “After less than a month in office, [President Biden] had already begun to take action, signaling that [workers’ rights to organize] issues are a priority for the administration.” Read the full article.

Labor and Employment Members Author Law360 Article on Employer Best Practices for DEI

Labor and Employment Group members Britt-Marie Cole-Johnson, Rachel Kushel, Abby Warren and Kayla West co-authored the article “Employer Best Practices For Diversity, Equity and Inclusion” published in Law360 on February 11, 2021. The article addresses employers’ options in responding in 2021 to challenges in the workplace on highly-charged matters of social justice and civil rights. The piece outlines steps employers can take to foster a workplace that both respects and promotes a culture of diversity, equity and inclusion (DEI) while also supporting the business’ overall objectives.

The authors write that “employees are poised to take employers to task because of their silence, or even to change employers based on their disagreement with their employer’s position on an issue.” They offer a series of reflective questions that can help move an organization forward on DEI issues, such as: Where are we now? What are our goals and how will we hold ourselves accountable? What internal and external resources will we need? and Does our current leadership have the skillset necessary to speak competently on DEI issues?

In addition to these considerations, the article also outlines key components and steps employers can take to engage and involve employees, crafting achievable strategies that can be implemented to build a strong, sustainable DEI program and position their business “ahead of the curve” in 2021. To read the full article, click here.

Labor and Employment Group Lawyers Author Construction Executive Article on COVID-19 Vaccine in the Workplace

Labor and Employment Group lawyers Stephen W. Aronson, Britt-Marie K. Cole-Johnson, Natale V. DiNatale, Abby M. Warren, Kayla N. West and Emily A. Zaklukiewicz authored the article “One Shot to Get It Right: Navigating the COVID-19 Vaccine in the Workplace” published in Construction Executive on January 6, 2020. The article covers several legal and practical issues that employers may wish to consider as they prepare for widespread distribution and availability of the COVID-19 vaccine in 2021. Read the full article.

Robinson+Cole Welcomes Fall Class

Robinson+Cole welcomes back the following members from our summer class and internship programs: Christopher Y. Eddy (University of North Carolina School of Law), Michael G. Lisitano (Quinnipiac University School of Law), Ryan M. Messina (Widener University School of Law), Samuel C. Maduabueke (University of Connecticut School of Law), Annecca H. Smith (Washington University in St. Louis School of Law), and Kayla N. West (Wake Forest University School of Law), and congratulates them on their recent graduation.