The Connecticut Department of Labor recently issued its
official guidance and interpretation of the newly enacted Connecticut Paid Sick Leave Act, which officially takes effect January 1, 2012.
I've previously written about this act, and being from Connecticut, I have been eagerly awaiting this official interpretation. On the upside, the DoL's interpretation did help to clarify certain issues that were woefully unclear in the statutory text. On the downside, the interpretation confirms for me that this new act is going to be a nightmare for Connecticut seasonal employers in the amusement and tourism industry. The new law imposes several new obligations on all employers, but, with respect to seasonal employers, particularly those in the amusement and tourism industry, this new law is going to pose some unique legal issues that could make compliance daunting.
Connecticut is the only state in the country to have such a law
right now, and thus the legislature, the Department of Labor, and (eventually) the courts will be working from a blank slate when it comes to enforcement and interpretation. Moreover, this legislation is being watched by sister states as a
potential model for similar legislation elsewhere. Given the absence of any history with this kind of legislation, it is virtually certain that Connecticut employers and regulators will face a number uncertainties over the next year as everyone works to "get the bugs out" of this new law. This week, I'll be doing a few pieces on some of the more troubling and controversial aspects of this new legislation, particularly with respect to the seasonal amusement and tourism industry in our state.
We start with a really basic question,
Who Gets Paid Sick Leave Under The Act?