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

Tag Archives: contract

Can a Legislature Really Change a Collective Bargaining Agreement?

Posted in Labor Law & NLRB, Legislative Developments, Wage & Hour

My law partner, Gabe Jiran, talks today about whether it’s all that easy to change the terms of a collective bargaining agreement.  Is it just as easy as a vote? Or does it require something more? The answer has implications for all employers.   With all of the talk about the financial difficulties faced by… Continue Reading

Employer Can Refuse to Pay Commissions After Termination — Under Certain Conditions

Posted in Highlight, Human Resources (HR) Compliance, Litigation, Manager & HR Pro’s Resource Center, Wage & Hour

Thanks to all who came to our Labor & Employment seminar on Thursday. Our biggest crowd yet. In it, we talked about the importance of offer letters.  Marc Herman returns today with a post updating us on a recent Connecticut Supreme Court decision that came out while I was on vacation a while back that… Continue Reading

Another Day, Another Reversal by the NLRB

Posted in Highlight, Labor Law & NLRB

By now, it’s really not a big surprise when the NLRB reverse course on a prior decision. This week, the NLRB did it again.  My colleague, Jarad Lucan, provides this quick update on temporary/contract employees being allowed to join unions.  Read on. In 2004 the National Labor Relations Board in its Oakwood Care Center case… Continue Reading

Court’s Decision on Severance Agreements Avoids Central Issues

Posted in CHRO & EEOC, Class Actions, Human Resources (HR) Compliance

Just a quick followup today on a post from last month. As I reported then, a District Court judge dismissed a closely-watched EEOC lawsuit against CVS challenging a pretty standard severance agreement.  But the grounds for the dismissal were unknown back then. The wait is over; the written decision was released yesterday.  For those that were hoping that… Continue Reading

“Consider” This Important: Employment Contracts Are a Two-Way Street

Posted in Highlight, Human Resources (HR) Compliance, Litigation, Wage & Hour

My colleague Chris Engler reports today on a new Connecticut Appellate Court case that focuses on a often misunderstood concept in employment contracts — the need for “consideration”.  What was it that Dire Straits’ sang about in the 1980s? Getting “Money for Nothing”? We’ve all been told that you can’t get something for nothing.  That… Continue Reading

How Long Can You Enforce a Non-Compete Agreement For?

Posted in Highlight, Human Resources (HR) Compliance, Manager & HR Pro’s Resource Center, Wage & Hour

Back in June, I talked about the standard that courts will follow in deciding whether or not to enforce a non-compete agreement between an employer and an employee.  (Go read it here first.) But many employers want to know something more straightforward: How long can I make the restrictive covenant in my agreement; in other… Continue Reading

Telling Employee He Is “Eligible” For Bonus Not Enough to Create Contractual Obligation

Posted in Highlight, Litigation

Back from a long holiday weekend, my colleague Chris Parkin this morning takes a look at a new Connecticut Appellate Court case about employee compensation.   A new case that will be officially released tomorrow reminds employers to take care with their words and promises when it comes to employee compensation. The facts of the case… Continue Reading

Court: Contract That Allows Employer to Raise Employee’s Salary Also Means No Decreases

Posted in Highlight, Human Resources (HR) Compliance, Litigation, Wage & Hour

So, remember back in February where I noted that employers ought to “consider having an attorney review some of your [employment] agreements … [because sometimes,] poor drafting can sometimes be avoided by having an attorney involved”? We have another appellate court case that emphasizes that point quiet well in Stratford v. Winterbottom. The case involves a town… Continue Reading

Gleaning Employment Law Lessons From Connecticut’s Double Championships

Posted in Highlight, Human Resources (HR) Compliance, Wage & Hour

I’ll first acknowledge the obvious: UConn’s national championships in both men’s and women’s basketball is a weak excuse for a post on employment law topics. And yet, that hasn’t stopped me before. (See 2009, 2011, etc.) For Kevin Ollie, the victory provides a nice financial bonus to him.  How do I know this? Because Ollie… Continue Reading

Get it Right the First Time: Drafting Contracts with Precision (Revisited)

Posted in Highlight, Human Resources (HR) Compliance, Manager & HR Pro’s Resource Center

Rather than tell you the result of a new Connecticut Supreme Court case first, let’s play along with the facts at home first.Here they are: The plaintiff was hired as a laboratory manager by the defendant in February, 2006. On February 2, 2006, the plaintiff and [the defendant’s principal] signed a document that included the… Continue Reading

Service Contract Act: Do Your Wages Comply With the Law?

Posted in Human Resources (HR) Compliance, Laws and Regulations, Manager & HR Pro’s Resource Center, Wage & Hour

You would figure after six-plus years of doing this blog, I would’ve covered all the laws applicable to employers. But, perhaps in a testament to how many laws there are, there are still a few out there. One of them is the Service Contract Act, (Conn. Gen. Stat. 31-57f, for the attorneys out there.) The Hartford Business… Continue Reading

Another Look at “Moral Turpitude” and Why Drafting Isn’t Always Easy

Posted in Highlight, Human Resources (HR) Compliance, Wage & Hour

Last week, Ken Adams was kind enough to provide us with a great guest post on using the clause “moral turpitude” in employment contracts.  If you haven’t read it yet, take a minute to do so. I agree with Ken that the phrase “moral turpitude” has some issues and should be used sparingly in employment contracts. But… Continue Reading

Book Review: A Manual of Style for Contract Drafting

Posted in Human Resources (HR) Compliance

I had been planning to write a review of the book, A Manual of Style for Contract Drafting, (3rd edition) for some time before I recently corresponded with the book’s author, Ken Adams.  But when I had the opportunity to have a guest post from Ken earlier this week, I knew that it was time… Continue Reading

Guest Post: “Moral Turpitude” Is Drafting Turpitude

Posted in Highlight, Human Resources (HR) Compliance

Today, I’m pleased to share a guest post from Kenneth A. Adams, the author of the terrific book, “A Manual of Style for Contract Drafting.” After I submitted a guest post on his site last week, I asked Ken to share his thoughts on one area of contract drafting. It is particularly relevant for companies… Continue Reading

You Might Have To Pay More Than Minimum Wage To Your Employees

Posted in Human Resources (HR) Compliance, Laws and Regulations, Legislative Developments, Manager & HR Pro’s Resource Center, Wage & Hour

So, your employees are all paid at least minimum wage and overtime. You’re good, right? Not necessarily, as a recent column in the Connecticut Law Tribune points out.  You might need to pay a “prevailing” wage — if you have a contract with the State of Connecticut. Indeed, as many companies who do business with… Continue Reading

Restaurant Wars: Restrictive Covenants for Chefs & Tandoori Chicken Tikka

Posted in Highlight, Litigation, Wage & Hour

It’s the summer and let’s face it, our minds turn to mush. That’s why reality television thrives in the summer.  Just the ones on food and dining alone could make up an evening: Chopped. Restaurant Impossible. The Next Food Network Star. (Confession time: I may have watched a few too many episodes of these shows,… Continue Reading

Parties to UConn Basketball Coach Jim Calhoun Contract Planned for a Retirement

Posted in Human Resources (HR) Compliance

Updated At a press conference later today, legendary UConn Basketball Coach Jim Calhoun is expected to announce his retirement.  He has been such a fixture in this state, not only for basketball, but for his charitable work, that it’s hard to imagine the team without him. His contract, which you can download here, runs through… Continue Reading

In Drafting Employment Law Contracts, Precision and At-Will Disclaimers Matter

Posted in Highlight, Human Resources (HR) Compliance, Litigation, Manager & HR Pro’s Resource Center

Suppose that, after you’ve employed a worker for a year or so, she asks you for a raise. She doesn’t ask about any guarantee term for employment but you come back and give her a 36 month time frame for her salary going forward.  You draft an employee “Employment Agreement” that says ‘‘[t]his will cover the… Continue Reading

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

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

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

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

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

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