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Recent Agency Guidance on Non-Compete Agreements and Stay-or-Pay Provisions

As previously reported, a federal judge recently judge struck down the Federal Trade Commission’s (FTC) proposed rule banning non-compete agreements and blocked its enforcement on a national basis. That ruling, which has been appealed to the Fifth Circuit, has not deterred the National Labor Relations Board (NLRB), which continues to
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City of Norwalk Continues to Revise Zoning Regulations

As part of its continuing effort to review the newly enacted, citywide zoning regulations, the City of Norwalk Planning & Zoning Commission (“Commission”) will commence review of myriad additional revisions to the newly enacted zoning regulations at its August 21, 2024, meeting. Some of the proposed language generated by the
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Supreme Court Issues Important Decision Impacting Federal Agencies

On June 28th, 2024, the United States Supreme Court overturned Chevron U.S.A. v. Natural Resources Defense Council, a foundational case in federal agency law. In the consolidated cases of Loper Bright Enters. V. Raimondo, No. 22-451, and Relentless, Inc. v. Department of Commerce, No. 22-1219 (June 28, 2024), the Supreme
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Seymour Resident Joins Carmody

Seymour Resident Joins Carmody Torrance Sandak & Hennessey LLP | Valley Independent Sentinel (newhavenindependent.org)

Christina M. Lopes Joins Carmody’s Real Estate Team

Christina M. Lopes is joining the Real Estate & Land Use team of leading Connecticut law firm Carmody Torrance Sandak & Hennessey LLP as an associate attorney in the Real Estate practice. Christina will be working in Carmody’s New Haven office on affordable housing development and institutional and utility real
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New Inland Wetlands and Watercourses Regulations in Norwalk, CT Under Review

New inland wetlands and watercourses regulations are under review by the City of Norwalk, CT Conservation Commission (“Commission”). Of note is that the upland review area measured from the boundary of wetlands would extend one hundred (100’) feet instead of the fifty (50’) feet, as currently set forth in the
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How to Prevent and Navigate Workplace Discrimination Complaints

As part of the CBIA’s HR Hotline series, Carmody Labor & Employment partners Vincent Farisello and Nick Zaino provide insights into how employers should deal with workplace discrimination complaints. HR Hotline Live: Prevent & Navigate Workplace Discrimination Complaints (youtube.com)

New Housing Incentives Passed in Connecticut Public Act 24-143

At Carmody, we have been monitoring the 2024 Legislative Session which just ended. This year there were an inordinate number of bills proposed to incentivize the construction of housing (particularly low- and middle-income housing) in Connecticut with a number of “big ideas” that grabbed headlines. The most significant of these proposals failed
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Revisions made to the Newly Effective City of Norwalk, CT, Zoning Regulations

Following the February 19, 2024 effective date of the new citywide zoning map and regulations, the Planning & Zoning Commission (“Commission”) recently approved various modifications to the regulations and anticipates similar adjustments in upcoming months. Earlier in April, the Commission adopted changes to the encroachment table to prevent decks from
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Grand Opening and Expansion Plans Ahead for Curry Automotive in Danbury

Curry Automotive is three weeks away from opening a new Mercedes-Benz dealership in Danbury’s high-end auto corridor and it already has plans to expand by creating a dealership for British brand, Ineos Grenadier, across the street. Real Estate & Land Use partner Meaghan Miles represents Curry and spoke on their
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Supreme Court Sides with Developer on Impact Fee Dispute

The United States Supreme Court recently issued a unanimous decision in the case of Sheetz v. County of El Dorado, 601 U.S. ___ (2024), which will affect how municipalities impose impact fees on developers.  As a result of this decision, regulations that broadly require developers to pay fees for offsite
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Pulse on Privacy – April 2024

News and Commentary Impacting Data Privacy and Cybersecurity Programs A Bipartisan Federal Comprehensive Data Privacy Proposal New Additions to the State Consumer Privacy Patchwork Peanuts, Cracker Jacks, and Facial Authentication? Concluding Consideration “In Order to Form a More Perfect [Data Privacy] Union”? Hopes and fears for a federal comprehensive data
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Understanding FMLA Requirements

Carmody Labor & Employment partners Vincent Farisello and Nick Zaino discuss FMLA requirements as part of the CBIA’s HR Hotline series. HR Hotline Live: Understanding FMLA Requirements (youtube.com)

Who Owns Social Media Accounts – the Employer or the Employee?

The Second Circuit Court of Appeals recently decided an important case involving the ownership of social media accounts that employees use in connection with their employment. JLM Coutoure v. Gutman, (2024). In this case, the employee, Hayley Paige Gutman, signed an employment agreement with JLM to design a line of
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Pulse on Privacy – January 2024

News and Commentary Impacting Data Privacy and Cybersecurity Programs New Jersey’s new consumer privacy law Data Privacy Day 2024 – ideas and resources Boardroom liability – failing to oversee privacy and data security risks New Jersey Data Privacy Act (NJDPA) Does your organization offer products or services to New Jersey consumers? On January 16,
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New Low-Interest Financing Opportunities for Multifamily Housing

With interest rates nearing record highs and the need for more housing in Connecticut growing by the day, the Connecticut Housing Finance Authority (“CHFA”) is rolling out a new, competitive financing program for multifamily developments. Known as the “Build4CT” program, these funds are targeted at developments with at least 20% of
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Time is Running Out on Existing Zoning Regulations in Norwalk, Connecticut

The deadline to submit applications to the City of Norwalk, Connecticut Department of Planning & Zoning, Zoning Board of Appeals and Planning & Zoning Commission under the existing regulations and standards of review is February 16, 2024.  This includes zoning permits administratively issued by staff, and special permit, site plan
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Upcoming Deadline (February 20) to Appeal 2023 Connecticut Municipal Real Property Tax Revaluation

The following Connecticut municipalities conducted real property tax revaluations in 2023: AvonHamptonRocky HillBarkhamstedHarwintonScotlandBethanyKentSharonBethlehemKillinglyShermanBoltonLebanonSuffieldBurlingtonLitchfieldUnionCantonLymeWashingtonChaplinMadisonWatertownCheshireNew CanaanWestonChesterNew HartfordWethersfieldDarienNew LondonWillingtonEast GranbyNorfolkWiltonEastfordNorwichWindhamEssexOld SaybrookWindsorFranklinOrangeWoodbury This revaluation will fix a property owner’s tax assessment for the next five years beginning with the October 1, 2023 grand list, which determines the real property taxes due on July 1,
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New Year, New Employment Laws – Preparing for Changes in 2024

Connecticut employers should be aware of key new federal and state employment laws that will be effective in 2024, and some other significant developments that are likely to occur. We summarize these new laws and developments below.  Proposed Changes to Overtime RequirementsThe federal Department of Labor (DOL) has proposed increasing
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Public Hearings to Commence on Norwalk Zoning Rewrite

Following seven months of review, comment, feedback and revisions, the City of Norwalk Planning & Zoning Commission will hold public hearings in December 2023 on the final drafts of the proposed zoning map and regulations. Hybrid public hearings have been scheduled for December 5 and 6, 2023 with the in-person
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IRS Announces Increases to Retirement Plan Limits for 2024

On November 1, 2023, the Internal Revenue Service (IRS) announced the new contribution and benefit limits to qualified retirement plans. The increased limits will allow employees to save more money for retirement. Starting in 2024, the following limits apply:   Employees can contribute up to $23,000 into their 401(k), 403(b) and
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Carmody Lawyers Named to ‘Top Lawyers in Fairfield County’

Carmody Torrance Sandak & Hennessey LLP is pleased to announce that 11 of its lawyers have been named to Moffly Media’s ‘250+ Top Lawyers in Fairfield County’ list. Moffly Media publishes Greenwich, New Canaan/Darien + Rowayton, Stamford, Westport, and athome magazines. Their research process includes online peer-voting, internet research, active
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Employers Take Note – EEOC Releases Its Strategic Enforcement Plan

The Equal Employment Opportunity Commission (EEOC) is a federal agency responsible for enforcing federal laws that make it illegal to discriminate, harass and retaliate against job applicants or employees based on a protected class, such as race, color, religion, sex (including pregnancy and related conditions, gender identity, and sexual orientation),
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Employee Discipline and Terminations

Carmody Labor & Employment partners Vincent Farisello and Nick Zaino discuss issues for employers relating to employee discipline and terminations as part of the CBIA’s HR Hotline series. HR Hotline Live: Employee Discipline & Terminations – YouTube

Stamford’s largest developer BLT to convert its HQ — former Pitney Bowes building — into 256 apartments

“Converting office space to residential homes, particularly outside the central business district, is a fantastic way to combat the housing crisis and reduce office vacancy,” – Carmody Land Use partner Lisa Feinberg represents Building and Land Technology (BLT) on conversion of HQ to apartments. Stamford’s largest developer to convert its HQ into
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Third Cannabis Retailer Approved in Norwalk

Land Use partner, Elizabeth Suchy, is quoted in Nancy on Norwalk regarding the approval of Shangri-La’s second cannabis retail location, making it the third retail location in Norwalk. Click to read more.

Stamford Mayor Proposes 1,000 Units of Affordable Housing

The housing shortage continues to dominate the discussion at all levels of government in 2023, and in Stamford, Mayor Simmons is pushing for action. The Mayor recently issued an Affordable Housing Executive Order calling for the equivalent of 1,000 new or substantially renovated affordable housing units by 2025, and the development
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Parking Requirements Based on Space Utilization

Land Use partner, Elizabeth Suchy, is quoted in The Wilton Bulletin regarding a proposed amendment, which would allow parking requirements to be based on space utilization, rather than gross square-footage. The Norwalk P&Z Commission unanimously approved the text amendment. Click to read more.

Norwalk Planning & Zoning Commission Approve Wilton Center Lofts

The P&Z Commission voted to approve Wilton Center Lofts, a five-story, 42-unit residential building in Norwalk after using Connecticut’s 8-30g affordable housing statute. Click to read more in Good Morning Wilton.Click to read more in The Hour.

Sparks Fly Over Wilton Lofts at P&Z Hearing

Land Use partner, Liz Suchy, is quoted in The Wilton Bulletin regarding the public hearing for a 40-unit, multifamily development at 12 Godfrey Place in Wilton. Click here to read more.

NLRB Makes it Harder to Discipline Employees for Outbursts

Authors: Sarah Healey and Lisette Donewald* Can an employer discipline an employee who shouts obscenities at a manager? The answer may not be so simple.  On May 1, 2023, the National Labor Relations Board (NLRB) issued its ruling in Lion Elastomers LLC II, overruling its 2020 decision General Motors LLC and
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City of Norwalk Comprehensive Zoning Rewrite: Meetings Commence

As part of the next phase of the City of Norwalk’s comprehensive zoning rewrite, meetings with neighborhood groups and in Common Council districts to present the proposed zoning map and regulations will commence this week. Meetings will be a mix of in-person and Zoom formats, offering property owners, interested parties
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City of Norwalk to present draft zoning regulations in April

Proposed revisions to the City of Norwalk Building Zone Regulations and Zoning Map will be revealed on Tuesday April 4, 2023 during a virtual presentation on zoom.com. This is the first time in more than 30 years that the City has undertaken a comprehensive rewrite of its regulations, a recommendation
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Breaking Ground Update: Legislation Capping Residential Rent Increases

Many of you have been asking about the status of the proposed legislation capping residential rent increases. The contentious proposal, known as H.B. No. 6588, did not make it out of the Housing Committee’s final meeting this week. Instead, the committee opted to create a task force to study the issue
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Governor proposes $600 million for the development of housing in Connecticut

Connecticut continues to face a critical housing shortage and the legislature continues to battle over the best way to cure it, particularly when it comes to affordable housing.  Governor Lamont’s 2024-2025 biennial budget proposal looks to invest $600 million towards the development of affordable and workforce housing using a mix
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USCIS Issues Clarifying Guidance for Individuals Authorized to Work Under Special Student Relief Provisions

U.S. Citizenship and Immigration Services (USCIS) recently issued policy guidance to clarify the validity period of employment authorization for F-1 nonimmigrant students experiencing severe economic hardship due to emergent circumstances. USCIS clarified that it can grant off-campus SSR employment authorization for the entire duration of the Federal Register notice validity
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Summary of Employment Bills Pending at the Connecticut Legislature

The Connecticut legislative session convened on January 4, 2023. We have summarized below various bills that are currently pending before the Labor and Public Employees Committee.  While some of these bills have a much better chance of passing than others, it is important to keep a pulse on proposals that
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Carmody Advises GEM Manufacturing in Sale to Core Industrial Partners

Carmody’s Corporate team lead by Tom Candrick and Kevin Palumberi advised GEM Manufacturing on its sale to Core Industrial Partners, with support from Adam Brocklehurst, Johanna Bachmair, Deborah Brancato and Mark Williams. Click here to read: Private equity firm acquires Waterbury business | Hartford Business Journal

ManufactureCT Labor Law Update 2023

Feb 9, 2023 at 12:00 pm to 1:00 pm Carmody Labor & Employment partners Stephanie Cummings and Vincent Farisello will present for the ManufactureCT 2023 Labor Law Update. Learn the newest legal requirements for managing your business and being up-to-date on the law.  Click here for more information

FMLA Compliance Workshop

A practical compliance workshop for employers and HR professionals in Connecticut Please join us for this highly interactive half-day workshop where we will “roll up our sleeves” and discuss numerous real-world scenarios in depth. Our goal is to not only provide attendees with an understanding of their basic obligations, but
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SECURE Act 2.0 Significant Changes for Retirement Plans

January 19, 2023 SECURE 2.0 Act of 2022, was part of the Consolidated Appropriations Act, 2023, signed by President Biden on December 29, 2022. This Act makes numerous important changes to various retirement plan rules, affecting 401(k) and 403(b) plans, and enhances some changes made in the 2019 SECURE Act.
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Federal Trade Commission Seeks to Ban Non-Compete Agreements

January 19, 2023 On January 5, 2023, the Federal Trade Commission (FTC) proposed a new rule that, if implemented, would prohibit employers from entering into non-compete agreements with their workers (with limited exceptions). The proposed rule would also require employers to rescind existing non-compete restrictions with current and former workers.  
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Carmody Torrance Sandak & Hennessey Elects Three to the Partnership

Carmody has elected three of its lawyers to the partnership effective January 1, 2023. Commenting on the promotion of the new partners, Managing Partner Rick Street said: “Stephanie, Janie and Tamara are all dedicated, smart lawyers who have made significant contributions to the firm and the communities where they live
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Appeal your tax assessment in Stamford CT by February 17, 2023

Stamford conducted real property tax revaluations in 2022: The revaluation in Stamford will fix a property owner’s tax assessment for the next five years beginning with the October 1, 2022 grand list, which reflects the real property taxes due on July 1, 2023. Most property owners should have received a
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Carmody Adds Experienced Real Estate Partner In Stamford

Carmody Torrance Sandak & Hennessey LLP is pleased to announce that Carolyn J. Cavolo has joined the firm’s Real Estate & Land Use team as a Partner in its Stamford office. Cavolo focuses her practice on sophisticated commercial real estate transactions advising owners, investors, developers, financial institutions, and planned community
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Increase in 401(k) Plan Limits for 2023

The IRS, in Notice 2022-55 has announced increased 401(k) plan limits for 2023.  The increases are larger than usual due to inflation.  Here is what you need to know: The 401(k) deferral limit is increased to $22,500 from $20,500. Note this increase applies to 403(b) plans as well. The total contribution limit
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Norwalk Hospital Plans Expansion

September 26, 2022 Carmody Land Use partner Liz Suchy representing Norwalk Hospital is quoted in relation to expansion plans. Norwalk Hospital plans expansion | Nancy on Norwalk

From Floor to Roof, Norwalk Building Opens Among ‘Greenest’ in CT

Carmody’s Liz Suchy and Mike Sweeney advised clients Stone Realty Associates, LLC and HMTX, in relation to Connecticut’s newest “green” building, located in Norwalk. From floor to roof, Norwalk building opens among ‘greenest’ in CT (thehour.com)

What Employers Can Learn from Mar-a-Lago

In recent days, pictures of documents labeled “top-secret” and “classified” strewn about the carpet of Mar-a-Lago have dominated the news headlines. These pictures have been shocking but likely don’t seem applicable to the general public given that the vast majority of people will never possess such sensitive state secrets. However,
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Apartments in works for office buildings in Wilton

August 10, 2022 Carmody’s Land Use partner Liz Suchy quoted in relation to the reuse of three buildings in Danbury, from offices to residential units. Wilton considers converting office buildings into apartments (wiltonbulletin.com)

Breaking Ground: Zoning reforms in response to COVID-19 are here to stay

It has been two years since the COVID-19 pandemic altered the conventional ways of conducting business. During the pandemic, Governor Ned Lamont passed multiple Emergency Orders that allowed businesses and people to continue operating in a modified capacity. The response to some of these initiatives was so positive that as
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As crypto enters the compensation world, Startups should walk before running

The use of cryptocurrency is starting to gain a substantial foothold in employment and compensation according to the U.S. Department of Labor. For startup companies and other employers, this trend should call for both excitement and caution. First, last month the DOL’s Employee Benefits Security Administration published a compliance assistance
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OSHA’s “vaccine or test” mandate stayed (again)

Earlier this afternoon, the U.S. Supreme Court issued a stay blocking the Occupational Health and Safety Administration (“OSHA”) from enforcing its “vaccine or test” mandate previously imposed on businesses with 100 or more employees.  This case will return to the Sixth Circuit Court of Appeals for the underlying merits to
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Upcoming Deadline (February 20th) to Appeal 2021 Connecticut Municipal Real Property Tax Revaluation

The following thirty-seven Connecticut municipalities conducted real property tax revaluations in 2021: Andover, Ashford, Beacon Falls, Bridgewater, Brookfield, Colchester, Columbia, Cornwall, East Hartford, East Haven, East Lyme, Easton, Enfield, Greenwich, Griswold, Groton, Hartford, Hebron, Killingworth, Lisbon, Manchester, Meriden, Middlebury, Middlefield, Milford, Montville, New Haven, Plainville, Plymouth, Portland, Salem, Shelton, Thomaston,
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Carmody Torrance Sandak & Hennessey Elects Five Attorneys to the Partnership

Carmody has elected five of its lawyers to the partnership effective January 1, 2022. Commenting on the promotion of the new partners, Managing Partner Rick Street said: “All five of these talented lawyers have made significant contributions to the firm and their communities. Every day these attorneys are steadfast in
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Carmody Continues Growth with Six New Attorneys

Carmody  welcomes six new associate attorneys to the firm, demonstrating the firm’s continued growth across its offices and practices. Gideon Asemnor (New Haven) joins the firm’s Litigation practice. Before joining Carmody, Gideon practiced in the areas of professional liability, construction law, product liability, and commercial litigation at a firm in
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Connecticut General Assembly Extends Term of Certain Zoning Approvals

The General Assembly passed legislation extending the term of zoning approvals that were effective as of March 10, 2020, the date the Governor declared a State of Emergency to address the COVID-19 pandemic. The adopted legislation is in two parts: Public Act 21-34 (effective June 10, 2021) and HB 6541
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New IRS Guidance on the COBRA Subsidy: Questions Answered

The IRS recently issued FAQs regarding the temporary, 100% COBRA subsidy created by the American Rescue Plan Act of 2021 (“Rescue Plan Act”). This subsidy is available to “Assistance Eligible Individuals” for COBRA continuation coverage during the period April 1, 2021 through September 30, 2021. We previously covered developments relating
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Labor Department Releases Model Notices for New COBRA Subsidy

In our March 29 e-alert concerning the new COBRA subsidy, we indicated that we would advise when the new COBRA notices from the U.S. Department of Labor (DOL) became available. The DOL published the model notices on April 7, 2021. Background: Under the American Rescue Plan Act (“ARPA”), a temporary
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Carmody Torrance Sandak & Hennessey LLP Welcomes Timothy S. Klimpl As Counsel

Timothy Klimpl, of New Canaan, Connecticut has recently joined Carmody Torrance Sandak & Hennessey LLP as Counsel in the firm’s Stamford office. Tim is a seasoned attorney with experience providing ERISA advice and related services to a variety of plan sponsors and employee benefit plans, including corporate, nonprofit, multiemployer and
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Commercial Tenant Bankruptcy: A Summary as State Courts Reopen

On April 10, 2020, Governor Ned Lamont issued Executive Order No. 7X, detailed here, which instituted a moratorium on residential evictions and summary process actions until July 1, 2020. The Governor’s Order did not apply to commercial eviction proceedings. While a commercial landlord was permitted to serve a notice to
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Land Use and Building Permit Tolling

This week, the Governor issued Executive Order: 7JJ (3): THE TOLLING OF LAND USE AND BUILDING PERMITS. This Executive Order extends the period of validity of approval or permits issued by a municipal land use agency or building official so they do not expire during the state of emergency. It
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Fannie Mae and Freddie Mac Guidance on Remote Ink-Signed Notarization (RIN)

On April 14, 2020, Fannie Mae issued a guidance on the procedures it considered prudent in Remote Ink-Signed Notarization (RIN) closings, and specifically distinguished that the prior remote online notarization (“RON”) guidelines of the Fannie Mae Lender Letter LL-2020-03 do not apply to RINs. Freddie Mac had issued a similar
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CHRO Provides Extensions for Certain Deadlines

As a result of the COVID-19 crisis, the Connecticut Commission for Human Rights and Opportunities (“CHRO”) has announced it will provide extensions of time for certain deadlines for COVID-19 related reasons. Sexual Harassment Training The CHRO posted on its website that it will consider a 90-day extension of the deadline
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Connecticut Department of Labor Shared Work Program Overview

What is the program? The Shared Work Program is administered by the Connecticut Department of Labor (“CTDOL”). It is designed to save jobs and retain workers by offering an alternative to layoffs. It allows employers to temporarily reduce an employee’s hours and supplement lost wages with partial unemployment benefits. What
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Remote Notarization Procedure

Pursuant to the Governor’s Executive Order No. 7Q (“Order No. 7Q”) of March 30, 2020 (click here), the remote notarization provisions of Executive Order No. 7K were modified to address some of the issues and oversights therein. While the 10-year retention requirement for recordings remains, Order No. 7Q does incorporate
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COVID-19 Contract and Insurance Issues

Dear Clients and Friends, Our team of business, real estate, and litigation lawyers are available to answer your questions about some of the most pressing COVID-19 contract and insurance issues faced by our business clients. Our lawyers are using WebEx and Zoom to counsel clients, negotiate transactions, and try to
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COVID-19: Privacy and Cybersecurity Risks of Telecommuting

Enabling work from home is a solid start to managing your organization’s COVID-19 risks.  Yet, while it resolves some issues, it raises others.  Before providing remote access to the company’s IT systems and digital assets, consider the privacy and data security implications of telework.  Here are a few top-of-mind considerations:
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Carmody Elects Richard L. Street as New Managing Partner

Carmody Torrance Sandak & Hennessey LLP has elected Richard L. Street as the firm’s Managing Partner, effective February 1, 2020. Previously, Rick has served as Assistant Managing Partner of the firm and as Practice Group Leader of the firm’s litigation group. Outgoing Managing Partner Ann Zucker said, “Rick has a
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New Laws Help Establish Land Banks

Vacant buildings and blighted neighborhoods challenge redevelopment in Connecticut cities.  Two statutes awaiting Governor Ned Lamont’s signature provide a time-tested avenue for redeveloping these urban areas.  The new laws enable municipalities to form nonstock corporations, referred to as “land banks”, to take title to, rehabilitate and convey abandoned and blighted
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