Connecticut Employers Have New Burdens After Legislative Session

?While significant bills impacting Connecticut employers were signed into law, proposed employer mandates on pay transparency, paid sick leave, and predictive scheduling failed to gain the necessary votes for passage in 2023. Here are some of the year’s notable legislative developments.

These bills passed, effective Oct. 1, unless otherwise noted:

• Uses for Paid Sick Leave: This law expands covered uses to include a “mental health wellness day,” i.e., a day during which the individual attends to their emotional and psychological well-being. Additionally, the law allows a covered employee to use leave not only if they personally are a victim of family violence or sexual assault, but also if they are a parent or guardian of a child who is a victim. The time off is for medical care, psychological or other counseling, obtaining services from a victim services organization, relocating due to family violence or sexual assault, or participating in any civil or criminal proceedings related to or resulting from family violence or sexual assault. Other proposed expansions to Connecticut’s paid sick leave law to apply beyond currently covered service workers were not successful.
• Antidiscrimination Statute: This law revises the state’s nondiscrimination statutes to add age as a protected characteristic. Age discrimination in employment was previously prohibited in a separate section. The law also defines sexual orientation to mean “a person’s identity in relation to the gender or genders to which they are romantically, emotionally or sexually attracted, inclusive of any identity that a person may have previously expressed or is perceived by another person to hold.” These changes expand and clarify the protected characteristics under Connecticut’s antidiscrimination statutes. Effective July 1.
• PTSD Benefits under the Workers’ Compensation Act: This law expands benefit eligibility for post-traumatic stress injuries to any employee who witnesses the death of an individual or witnesses an individual lose a vital body part while at work. Previously, such benefits were available only to police officers, parole officers and firefighters. Duration of PTSD benefits remains capped at 52 weeks. Effective Jan. 1, 2024.
• Penalties for Noncompliance with Mandatory Retirement Savings Program: This law amends Conn. Gen. Stat. 31-425 to authorize the state comptroller to levy fines of between $500 and $1,500 for noncompliance with the mandate to make MyCTSavings program available to employees after a final notice to the employer. Effective upon June 2023 passage.
• Physician Noncompete Amendment: Buried in “An Act Concerning Health and Wellness for Connecticut Residents” are amendments to the physician noncompete statute that change the definition of a physician’s “primary practice site” to require mutual written agreement of the parties. The law also restricts enforcement of a noncompete where the physician does not agree to any proposed material change to the compensation terms of the agreement prior to or at the time of the extension or renewal of such agreement. The law extends noncompete restrictions to advanced practice registered nurses and physician assistants.

What Didn’t Pass

Perhaps more surprising than what passed was the failure of several hot-button proposals pushed by union and employee advocates. Some of these made repeat appearances in 2023 after failing in last year’s legislative session. Expect some or all to reemerge in next year’s session.

• Expansion of Paid Sick Leave to all Employees (SB 1178): This bill sought to expand the existing law to cover all private-sector employees; increase annual accrual from 40 to 80 hours; broaden qualifying reasons to take leave to include public health emergency or quarantine; and broaden the category of family members for whom leave could be used by an employee. A separate proposal supported by the governor to require all employers with more than 11 employees to provide 40 hours of paid leave and those with 10 or fewer employees to provide 40 hours of unpaid leave, also failed to gain traction. 
• Predictive Scheduling (HB 6859): This bill would have required employers with more than 500 employees or more than 30 locations to provide 14 days’ notice of employee work schedules in the retail, food service, hospitality, and long-term care industries, “make an effort” to schedule employees for requested days and number of hours, and comply with onerous recordkeeping and reporting requirements.
• Changes to CTFMLA and Paid Family and Medical Leave (SB 1179): This bill would have expanded coverage to include tribal enterprises and transit districts. It would have prohibited the offset of employer-provided disability benefits where the employee is receiving Paid Family and Medical Leave benefits.
• Salary Disclosure (HB 6273): This bill would have required employers to publish a salary range and benefits for both public and internal job postings.
• Limitations on Noncompete Agreements (HB 6594): This bill would have invalidated any noncompete agreement if the affected worker is a nonexempt, hourly employee, an exempt employee earning less than three times the minimum wage, an independent contractor earning less than five times the minimum wage, or an individual who left employment for good cause attributed to the employer.

Paula Anthony and Thomas Moyher are attorneys with Littler in New Haven, Conn. ©2023. All rights reserved. Reprinted with permission.