Social media is a both a curse and a gift. Many people use social media to keep up with the latest trends, keep in touch with family and friends (which has become extremely important during the pandemic), and keep up with the news. For many, this is a way to stay connected, to stay in the know, and to stay involved in the lives of the ones we love.
 
For others, social media is a place to stay updated on world events. Furthermore, some use social media to communicate with the world and post their views, feelings, and theories on current events and issues important to them. This is where the danger starts.
 
Many feel that they can post with anonymity by “hiding behind their keyboard.” Others simply don’t care if they offend someone or make themselves look bad. Posting opinions is one thing, but when that opinion leads to a negative view of the writer, or even worse, the writer’s employer, the results can be devastating. Yes, you can be disciplined or fired for what you post on your personal social media accounts.
 
In general, an employer can fire an employee for almost any lawful reason, including what you post on social media. If the post or the position you take in the post is seen as offensive and the employer feels it will damage their business’ reputation, you can be disciplined or fired.
 
However, there are some protections in place. Of course, there’s the free speech angle. The problem with free speech protections is they apply to government entities and not to private employers. So, if you are employed by the government, you may have a free speech right. A person working in the private sector may not have that same protection. Other laws in place apply to both public and private employers. These laws include anti-discrimination, anti-retaliation, and whistleblower laws. Connecticut also has a prohibition against discriminating against someone based on their political affiliation. While these laws could be double-edged swords, they may be a defense if you get fired for posting something your boss doesn’t agree with.
 
In the end though, protecting yourself, your job, and your reputation requires some forward thinking. Here are a few tips to help prevent you from having to use some of the protections we spoke about above.
 
One, don’t post while upset. If something is bothering you, don’t run right to your phone or computer and start typing. Wait until you calm down and can think rationally about what you’re writing. This may prevent you from posting something you will regret later.
 
Next, don’t post something you wouldn’t want your mother or grandmother to read. If you think your mother or grandmother will find your post offensive, chances are others will too.
 
Lastly, remember, everything you post will always be out there. Even if you remove a post down the line, there is a very good chance that someone has saved the post. These posts, even if acceptable now but not in the future, have come back to ruin people’s careers. Be mindful of the fact that once something goes out onto the web, you can never fully take it back. It’s out there forever, thus can follow you forever.
 
In closing, social media can be a gift when used properly, but can get you fired or worse, when you’re not careful about what you post. I don’t want to discourage the use of social media, but if you’re going to use it, use it responsibly.
 
If you’ve been disciplined or fired because of what you posted on social media or have concerns about past posts, please give us call so we can help you work through it.

I know this won’t come as earth shattering news, but employee recognition is a critical component to a successful working environment.  Recognition can take many forms in the workplace from formal awards and bonuses to more personal methods like group praise or handwritten thank you notes. 
            This 2014 Boston Consulting Group study of more than 200,000 employees worldwide found that “Globally, the most important single job element for all people is appreciation for their work.”  Salary was ranked 8th.  Data has shown that when it comes to improving performance, nothing has a greater impact than genuine recognition and appreciation.  One such study found 83% of employees said recognition was more fulfilling than any reward or gift.  88% of employees said praise from managers was extremely motivating, and 76% said peer recognition was extremely motivating
            It seems like a no brainer that we should tell people they are doing a good job, their hard work and sacrifices are valued, and we should thank them frequently.  But we are notoriously bad at doing so effectively.  There can be many reasons for this, but researchers have deemed “Illusion of Transparency” as the likely cause.  This is where managers overestimate their displays or recognition and displays and assume that employees knew how management felt about their work.  One study found that 82% of managers prioritized recognition but 54% of employees said those same bosses could do more to recognize employees. Furthering this gap is a fear manager expressed that regular recognition would lose value or become “routinized.” 
Data shows employees do not feel this way, with the majority asking for simple things, like kind words, more frequent feedback, or options for flexibility.  A 2020 article from the Harvard Business Review advised managers to “Make it a Habit.” Appreciation is free and not time consuming, so a great recommendation is to spend the first 15 minutes of your week working on employee recognition.  Thank you cards, group shout-outs, a quick chat, sometimes even a forwarded email is enough to boost an employees morale significantly.
Making it habitual also makes it contagious.  Recognition does not just need to go from manager to employee.  It can go peer to peer and even upward to leaders, especially in trying and stressful times.  During the early stages of the Covid-19 crisis, I saw one Connecticut institution create a digital “Kudos Board” where they scanned and posted all of the positive letters, drawings, and notes they had received from the community. 
From a labor union perspective, I think recognition is important to consider.  Not only how we can better recognize the efforts of our members, but also how we can help their employers understand the value and necessity of genuine recognition. I also think how we can work collaboratively with our locals to improve recognition for their efforts in managing the many day to day challenges. If the evidence of the positive effects of recognition are so clear, why is it so rare that employers and employees collaborate on recognition programs?
If you have thoughts or ideas on how to improve recognition in the workplace, Nutmeg wants to hear from you and be your partner in improving the lives of all workers.

​The right to unionize seems like a fundamental right that many take for granted, yet it was not always that way. The fight for unionization was a long war that often led to violence with workers, their families, and company representatives injured or killed.
 
The quest for unionization began soon after The Civil War ended. During that time, often referred to as “reconstruction,” the Industrial Revolution began. Railways were expanding, steel production was up, and the South was being rebuilt. This brought with it a boom in employment and unimaginable profits for industrialists like Andrew Carnegie and J.D. Rockefeller. The workers, on the other hand, were often forced to work long hours with little breaks in deplorable conditions for mere pennies.
 
Many workers decided to form unions. Most companies vigorously fought unionization. The companies felt they had the right to control their “private property” and manage their businesses and employees as they saw fit. This led to a number of violent encounters. The first significant labor riot was on December 4, 1874. A group of Irish miners, known as the Molly Maguires, attacked their company’s operators and foremen. In the end, twenty Molly Maguires were sentenced to death by hanging.
 
Violence between labor and management continued into the twentieth century. Most notably, on April 20, 1914, National Guard troops and security guards from the Colorado Fuel and Iron Company attacked a tent colony housing 1,200 striking coal miners. More than twenty people, including eleven women and two children, were killed. On May 19, 1921, hundreds of coal miners attacked the coal mines along the Tug River in West Virginia. This was known as the Three Day War. Of course, there are hundreds of other examples of violence between labor and management.
 
There have also been a number of incidents that did not involve violence but led to entire workforces being fired. As an example, on September 9, 1919, Boston Police Officers went on strike. The City fired all the strikers and hired a new police force. The fired officers had no recourse.
 
Conflicts between labor and management threatened to tear the county apart for a better part of fifty years; thus, the government finally decided to get involved. On March 23, 1932, President Herbert Hoover signed the Norris-LaGuardia Act into law. A year later, newly elected President Franklin D. Roosevelt signed the National Industrial Recovery Act into law. These laws made it possible for workers to finally unionize without threats of retaliation. Furthermore, these two laws laid the groundwork for the National Labor Relations Act, signed into law by FDR on July 6, 1935.
 
The National Labor Relations Act, although updated over the years, gives labor unions the rights and privileges that we know today. The purpose of the act was “to protect the rights of employees and employers, to encourage collective bargaining, and to curtail certain private sector labor and management practices, which can harm the general welfare of workers, businesses, and the U.S. economy.”
 
Like many chapters in American History, labor unions were born from hard times, inconceivable working conditions, and offensively low wages. It was a hard fought battle, culminating in many deaths, but the rights of unionized employees are stronger than ever.
 
Before you take your union rights for granted, remember the history of the labor movement and those who sacrificed everything to get us to where we are today.

            “People don’t care how much you know until they know how much you care”. 
-Theodore Roosevelt-
            It’s likely that your new feeds, TV screens, and notifications this week are full of reminders that it’s been one year since Covid-19 took center stage in our lives.  It’s been exactly one year since Connecticut saw its first patients.  It’s been one year since the governor issued a stay-at-home order, and the schools and restaurants closed.  It’s been one year since everything changed.  
            I don’t want this to be overly reflective of the negative; there will be enough of that in the mainstream media.  I want to take this time to express my gratitude to every member of the Nutmeg family.  I find great inspiration and admiration from the stories of perseverance amongst our local members. Despite fear, ambiguity, and physical danger, the workers represented by Nutmeg continued to get the job done.  They ensured continuity of services to our local communities when those communities needed them most.  It can’t be understated that your efforts are truly remarkable.
            It also can’t be understated that this past year has brought previously unseen levels of stress and volatility.  Stress and volatility from any emergency can have lasting effects, but the toll is especially high when compounded over an extended duration (like this past year).  Those lasting effects will be different for everyone as we each move forward, recover, and heal in our own ways.
            Whatever your process looks like, Nutmeg is here to support you. 
            Your commitment to service and indomitable spirit are a source of immense pride.  Nutmeg is proud of you and your sacrifices.  We care about your well-being now and your future successes. If you have unmet needs, we want to know. 
            “We’re in this together” has been a unifying slogan across the country, and the members of Nutmeg have certainly lived that motto for this past year.  But I think we can improve on this, because we’re not just in this together. At Nutmeg, “We’re getting better together.”
            Thank you for all that you do.  If we can be of assistance in any way, please don’t hesitate to contact us.

​Tax day is right around the corner. Every year, I hear the same questions from police union members regarding certain contractual benefits and how they effect taxation. The two biggest issues that seem to come up year after year are tuition reimbursement and take home cars. Everyone seems to have a different opinion as how these benefits are taxed, or if they are taxed at all. So, here are the facts right from the IRS guidance in Publication 15-B (2021).
 
We will start with tuition reimbursement. We know that educated officers are a great benefit to the communities they serve. Numerous studies have shown that police officers with college degrees are better communicators, have fewer citizen complaints, and use force less often. This keeps liability down, thus insurance costs down. As a way of incentivizing officers to go to college, many departments offer some level of tuition reimbursement. However, that benefit may be taxable.
 
Many departments offer partial tuition reimbursement, but some offer full reimbursement. Any tuition assistance police officers receive over $5,250 is taxable and must be included in your taxable wages calculation. As an example, for an officer whose department fully reimburses said officer for attending college at a cost of $20,000, the officer will have to pay taxes on $14,750. The first $5250 is tax free.
 
The second question involves take home cars. Many police departments provide take home cars to certain administrators, supervisors, and investigators. Many believe this is a taxable benefit, and in the private sector, that is absolutely true. A take home vehicle that you have full personal use of is a very lucrative benefit, thus taxable. Notwithstanding, there are two exceptions for police vehicles. The first exception involves marked vehicles that are not for personal use. The exception reads, “clearly marked, through painted insignia or words, police, fire, and public safety vehicles, provided that any personal use of the vehicle (other than commuting) is prohibited by the governmental unit.” The second exception involves unmarked vehicles where personal use is allowed. That exception reads, “unmarked vehicles used by law enforcement officers if the use is officially authorized. Any personal use must be authorized by the employer, and must be related to law-enforcement functions, such as being able to report directly from home to an emergency situation. Use of an unmarked vehicle for vacation or recreation trips can't qualify as an authorized use.” If a police officer’s take home car falls under one of the two exceptions, the car is not a taxable fringe benefit, thus, not included in tax calculations.
 
In the end, both a tuition reimbursement program and a take home car can lift large financial burdens. With or without tax implications, I believe both are worth having. Please contact your accountant or tax preparer to learn more about how your personal financial situation and how your benefits impact your state and federal income taxes.

            Our members are more than the jobs that they do.
 
            Too often, unions simply view members through the lens of the jobs they do. But we are so much more. We are parents, siblings, friends, and mentors. We enjoy the outdoors, reading, knitting, cooking, and playing sports.
 
            As a union, Nutmeg is here to ensure that all parts of our members’ lives are made better by the work each does because the point of going to work is to provide yourself and those you love with your best lives.
 
            We want to introduce you to the idea of living your best life and to make satisfaction, accomplishment, and vitality parts of your everyday.
           
            We want to introduce a framework Nutmeg is developing to improve our member’s lives.  I came on board with Nutmeg to help Eric achieve his vision of making lives better for members. And that vision goes beyond simply negotiating better wages, retirement, and health insurance benefits.
 
The framework that I am developing for Nutmeg’s members considers the “whole person,” not just the transactions that are the backbone of most labor situations. 
 
So let’s begin.
 
Our framework acknowledges that employees have critical needs beyond a typical labor contract’s “Big Three” (Pay, Retirement, and Healthcare Coverage).  This framework is a blend of existing models from a variety of sources which are supported by research and decades of experience in the labor fields. 
 
The goal of this framework is to help members identify their needs, develop their resources, and empower themselves.  The framework consists of “Five Pillars of Wellness” with each pillar being a critical component of wellness.  Those pillars are Social, Emotional, Physical, Financial, and Occupational. 
 

• The Social Wellness Pillar
  • Each of us is inherently a social creature with a strong desire to belong in a community.  Public service employees know this in our core as we do the work that keeps the larger society running.  Some additional needs we have identified under this pillar are: Diversity and Inclusion, Mentorship, Having Positive Impact, Connection, Status, Privacy, and Voice.

 

• The Emotional Wellness Pillar
  • Finally, awareness around the importance of emotional wellness is catching up with the times.  After decades of a “suck it up” mentality meant to denote strength, but which ultimately fortified weakness, individuals and organizations are recognizing the danger of ignoring emotional wellness and mental health.  Mindfulness has gained traction across employment sectors, with many organizations providing the resources 24/7 for their employees, including during the working hours. Other needs in this pillar: Safety, Access to Care, Emotional Intelligence, Growth, Recognition, Free Time, Hobbies, Education, Family, Friendships, and Advocacy.

 

• The Physical Wellness Pillar
  • Physical health seems like a no-brainer, but most employment contracts only provide for it in 2 forms: Healthcare Coverage and Minimum fitness standards where applicable. Proactive or incentivized physical health measures are few and far between. The supporting structures in this category are not ground-breaking, but they are critical: Care Access, Exercise, Safety, Ergonomics, Alternative Medicine, Education, Workers Compensation, Nutrition, Physical Exercise, and Insurance.

 

• The Occupational Wellness Pillar
  • The occupational wellness pillar uses major portions of the Job Characteristics Theory, developed by Greg Oldham and Richard Hackman.  Skill variety, Task Identity, Task Significance, Autonomy, and Feedback are the five core elements of Job Characteristics Theory which drive outcomes and satisfaction.  Additional occupational wellness needs include: Safety, Security, Work Life Balance, Training, Development, Mentorship, Opportunity, Transferable Skills, Education, Proper Tools, and the ability to pivot or change rolls. 

 

• Financial Wellness Pillar
  • Financial stress is usually cited as the most common source of household stress in the United States.  Supporting structures in this pillar are: Salary, Overtime Availability, Retirement, Supplemental Retirement Options, Counseling/Education, Incentives, COLA Adjustments and expense rates, Savings Vehicles, Financial Wellness, and Education.

 
 
If wellness in one pillar is low or suffering, additional strain is placed on the other pillars.  This weakens the entire structure and creates fragility in our member’s wellness. 
 
An unwell member is not only unhappy and suffering, but from an employer perspective, he is less productive, more injury prone, more likely to make a critical error, and more likely to burn out.  Many of the supporting structures in each pillar can be quantified, which can allow us to objectively measure the performance of them within a contract. 
 
Using a whole person wellness model like this helps us to zoom out and remember that success for our members is more than a percent increase in salary over the next contract cycle.  Using this model can zoom out and identify wellness gaps.  Then we can strategize with our members about how Nutmeg can help them close those gaps.
 
If you have thoughts, comments, questions, or suggestions we would like to hear from you.  We can be reached atjasonc@thelaborlawyer.com; or 1 (888) 307-9870.

I was asked an interesting question the other day: an insurance adjuster asked if he qualifies for overtime under Connecticut’s wage and hours laws. After researching the question, the answer shocked me. Simply put, no, insurance adjusters do not qualify for overtime under state and federal wage and hour laws.
 
Both the Fair Labor Standards Act and Connecticut wage and hour laws require that “each employer shall pay 1-1/2 times the employee's regular rate of pay after 40 hours in the workweek. Overtime pay is due for actual hours worked over 40.” However, as with everything in the law, there are exceptions. For the most part, the federal and state exceptions are very similar. The exemption that applies to insurance adjusters is the “ executive, administrative, professional employees” exemption.
 
An insurance adjuster is considered an “administrative employee” because they have discretion and exercise “independent judgment.” In fact, the Department of Labor specifically addresses “Insurance Claims Adjusters” in Fact Sheet #17L.
 
“Whether they work for an insurance company or other type of company, insurance
claims adjusters generally meet the duties and requirements for the administrative
exemption and are not entitled to overtime pay if their duties include activities such as interviewing insureds, witnesses, and physicians; inspecting property damage; reviewing factual information to prepare damage estimates; evaluating and making recommendations regarding coverage of claims; determining liability and total value of a claim; negotiating settlements; and making recommendations regarding litigation.”
 
On the other hand, insurance appraisers probably will qualify for overtime. Appraisers do not exercise the same level of discretion as adjusters. An appraiser is mainly responsible for estimating damages, which are subsequently provided to the adjusters to assist them in processing the claim.
 
This is unfortunate. Insurance adjusters are often referred to as the hardest workers in the industry. They are often saddled with quotas and deadlines, requiring them to work long hours and weekends. Furthermore, insurance claims adjusters are not highly paid employees. A simple internet search revealed a salary range of anywhere from $36,000 to $100,000 per year, depending on length of service and experience.
 
I suppose career insurance adjusters humbly have to accept the reality of it and try to negotiate a higher salary from the start.