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On July 24, 2020, Governor Lamont enacted Executive Order 7JJJ.  The Order, in part, creates a rebuttable presumption of eligibility for workers’ compensation that an employee contracted COVID-19 as an occupational disease arising out of and in the course of such employee’s employment if (1) the employee initiates a claim for payment of workers’ compensation benefits and (2) the employee missed a day or more of work between March 10, 2020 and May 20, 2020 due to a diagnosis of COVID-19, or due t ...

The United States Supreme Court issued several landmark opinions this term amongst the most unique of circumstances. It was the first time since 1919 that the Supreme Court building was closed due to a pandemic. The Supreme Court also experimented with remote oral arguments in May.  The term featured a wide range of closely watched topics including DACA, the rights of LGBTQ employees, the Second Amendment, Presidential power, Free Exercise of religion, the Electoral College, abortion and more. ...

The Stop Hacks and Improve Electronic Data Security Act (the “SHIELD Act”), took effect in New York on March 21, 2020.  The SHIELD Act imposes certain data security requirements on “[a]ny person or business which owns or licenses computerized data which includes private information” of a resident of New York.  For the purposes of the Act, private information is personal information consisting of any information containing certain data elements (including social security numbers, driver’s license ...

On July 8, 2020, Updike, Kelly & Spellacy (“UKS”), through attorney Robert G. Pethick, achieved a major victory for its client New Haven Academy of Performing Arts (“NHAOPA”), when the East Haven Planning & Zoning Commission approved NHAOPA’s application for a 100-seat theater to the rear portion of its space in East Haven’s West End neighborhood.  The approval has gained positive feedback from the public seeking a revitalization of the arts in the area.  The following is a link to an a ...

The Greater New Britain Chamber of Commerce is presenting a two-hour sexual harassment training session in accordance with the mandates of Connecticut law.  As of October 1, 2019, all Connecticut employers with three or more employees are now subject to expanded notice and training requirements regarding the prevention of sexual harassment in the workplace.  Training Requirements:  Employers will be required to provide to a new employee a copy of information regarding the illegality of sexu ...

On June 9, 2020, the Connecticut judicial branch issued three orders regarding foreclosure and eviction matters: (1) staying service of all issued executions on evictions and ejectments through August 1, 2020; (2) opening judgments of strict foreclosure entered with law days before August 4, 2020 and extending the law day for the owner of the equity of redemption to August 4, 2020, with subsequent encumbrancers following in reverse order of priorities; and (3) cancelling all foreclosure sales sc ...

During a pandemic, may an ADA-covered employer take its employees’ temperatures to determine whether they have a fever? Generally, measuring an employee’s body temperature is a medical examination. However, because the CDC, EEOC and state/local health authorities have acknowledged community spread of COVID-19 and issued attendant precautions as of March 2020, employers may measure employees' body temperature. As with all medical information, the fact that an employee had a fever or other sy ...

Attorney Christopher L. Brigham will be a featured speaker at a webinar held by Touchstone Advisors entitled “Growth During a Changing Landscape”. Attorney Brigham will be speaking about legal obligations of a returning workforce as it pertains to the food and beverage industry. Join the webinar via Zoom on Thursday, June 25, 2020 at 3:00 pm to 4:30 pm EST. Click HERE to register and receive a meeting link. Attorney Brigham is the Chairman of Updike, Kelly & Spellacy’s Employment Practices ...

On June 16, 2020, Governor Ned Lamont released Executive Order 7ZZ, which revises earlier orders concerning the rules that businesses planning to reopen during Phase 2 will have to follow.  Phase 2 reopening takes effect Wednesday, June 17th.  As set forth previously, the following businesses are allowed to reopen in Phase 2: Amusement parks Hotels Indoor Dining Indoor museums, zoos and aquariums Indoor recreation including bowling, movie theaters, etc. Libraries Outdoor events Person ...

The COVID-19 pandemic and its associated lockdown and shelter at home orders disrupted businesses of all types, even those that have been able to stay open and continue their operations to some degree. Thus, it is a crucial time for business owners to review their insurance policies and determine whether business interruption  claims stemming from COVID-19 are adequately covered, if at all.  Establishing a Business Interruption Claim.  In the typical scenario, business interruption insurance co ...