Connecticut Employment Law Blog Insight on Labor & Employment Developments for Connecticut Businesses

Tag Archives: contract

CTDOL Sues Employer Claiming “Forfeiture” Provision in Bonus Plan is Invalid

By Daniel Schwartz on Posted in Human Resources (HR) Compliance, Wage & Hour

Suppose your company has an incentive bonus plan that bases a bonus on the specific work done during a calendar year.  Bonus payments are made 90 days after the end of the calendar year on an “Award payment date.” But your bonus plan has an important provision.  That provision states that “Participants must be employed… Continue Reading

What Employers Can Learn From Linda McMahon’s Booking Contract with WWE

By Daniel Schwartz on Posted in Human Resources (HR) Compliance

With the campaign for U.S. Senate winding up in Connecticut soon, there’s been lots of chatter about Linda McMahon’s role with the WWE.  I’ll leave it for others to analyze political issues arising from her relationship with the WWE, if any, but her relationship with the company provides an interesting backdrop to talk about independent… Continue Reading

Breaking: Connecticut Supreme Court Finds A Bonus Can Constitute “Wages”, in the Right Case

By Daniel Schwartz on Posted in Human Resources (HR) Compliance, Laws and Regulations, Litigation, Wage & Hour

Back in June, the Connecticut Supreme Court issued its decision in Ziotas v. The Reardon Law Firm — a significant ruling because it found that where a bonus is discretionary and is not ascertainable by applying a formula, it did not constitute "wages".  I talked about the case in a lengthy post and noted that… Continue Reading

Court Holds that Anti-Solicitation Provision of Former Employee Not Violated “Indirectly” By New Employer

By Daniel Schwartz on Posted in Litigation

  My colleague, Jonathan Orleans, chips in this week with a guest post on a recent Connecticut case about some of the restrictions that employers try to place on departing employees: Post-employment covenants not to compete and not to solicit frequently include language that prohibits the former employee from “directly or indirectly” engaging in certain… Continue Reading

New Second Circuit Decision Takes Some of the “Judgment” Out of the “Business Judgment Rule”, Particularly for Union-Related Matters

By Daniel Schwartz on Posted in Uncategorized

Let the politicians and the newspapers cite a new Second Circuit decision as being important for "saving jobs" in Connecticut. It makes for good press, but for employers, the decision is more important for a different reason than highlighted in the press: The Court has weakened one of the arguments that employers use to support their… Continue Reading

Affirmative Action Forms for State Contracts: Is This The Best Way?

By Daniel Schwartz on Posted in Human Resources (HR) Compliance

To work on State of Connecticut contracts with the Department of Transportation, various contractors have to set up an affirmative action plan.  If they do not have one on file with the DOT, the Department’s Division of Contract Compliance will send out the following letter. So what to do if you don’t have a plan?… Continue Reading

Corrective Action Memorandum Not a Contract, Says District Court

By Daniel Schwartz on Posted in Litigation, Wage & Hour

UPDATED 2/10/09 Sometimes, by coincidence, two unrelated decision get released in close proximity to one another that they bring some greater clarity to the law. Yesterday, I discussed a Connecticut Superior Court case that found that certain discussions did not create an employment contract and that the employee was properly classified as "at-will". Earlier this… Continue Reading

Foxwoods/UAW – The Predictable Story Continues with Response by Tribe

By Daniel Schwartz on Posted in Labor Law & NRLB, Litigation

While a generic post today about sick leave might be more appropriate today given my absence for a few days, there are some actual updates in the labor and employment law arena that need telling. One such story is the ongoing saga in between the UAW and the Mashantucket Pequot Trial Nation, which runs the Foxwoods… Continue Reading

Connecticut Legislative Update: Some Construction and Repair Workers Must Get New Training Under New Bill

By Daniel Schwartz on Posted in Human Resources (HR) Compliance, Laws and Regulations, Legislative Developments

The focus for this term of the Connecticut General Assembly for employers and employees has been on the paid sick leave bill (still no action in the House as of May 3rd). However, employers who have employees working on public works projects and manual labor on state or municipal building construction or repair contracts need… Continue Reading