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

Tag Archives: department of labor

Joining Connecticut, Paid Sick Leave Now Mandated for Federal Contractors

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

As Connecticut employers of a certain size know, Connecticut implemented Paid Sick Leave recently which affords employees up to five days off a year.   Now, federal contractors (including those in Connecticut) have another layer to deal with. As my colleague Ashley Marshall explains below, paid sick leave will now be a requirement later this… Continue Reading

Independent Contractor Ruling: A Deeper Dive

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

As I return from some time off, my colleagues, Gary Starr and Chris Engler, have dug a bit deeper into the Connecticut Supreme Court decision from last week and issued this alert which we have also sent to clients.  A deeply divided Connecticut Supreme Court recently issued a long-awaited decision, Standard Oil v. Administrator, regarding… Continue Reading

Watch the Employer Deductions — Except for One Special Case

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

Connecticut has pretty strict rules that employers must follow if they want to take deductions off of an employee’s salary.  Typically, an employer must seek CTDOL approval for all sorts of deductions, which I covered back in a 2012 post. But what happens if an employer makes a mistake on a paycheck and overpays an… Continue Reading

BREAKING: Connecticut Department of Labor Commissioner to Retire At End of Year

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

Sharon Palmer, the Commissioner of the Connecticut Department of Labor, will retire at the end of this year, news that was first reported by the CT Mirror website. According to CT Mirror: In an interview, she described her decision to retire as driven by age and circumstance, not politics or a consequence of overseeing the… Continue Reading

No Vacation for Employment Law: New “Interpretation” for Independent Contractors Issued by USDOL

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

Whatever happened to summer vacation? You remember, that downtime, when nothing much happened? First, there were new proposed OT rules. Then, word came out EARLY (I got an alert at 6a!) today that the U.S. Department of Labor issued new “guidance” that will try to limit the misclassification of employees as indpendent contractors. The goal… Continue Reading

Shared Work Program Gets a Refresh With New Regulations from Connecticut Department of Labor

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

One of the better programs run by the Connecticut Department of Labor that gets almost zero publicity is the “Shared Work” program.  For employers, it’s a useful tool when you’re dealing with a temporary slowdown in work. I talked about it five (!) years ago in the midst of the recession so I’m not going… Continue Reading

Sixteen Types of Wage & Hour Records Employers Need to Keep

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

In helping employers on wage and hour issues, I’m struck sometimes by the occasional failure to maintain proper records on their employees. For employers, payroll companies now offer to help an employer with such records and can often provide some of the information once the employer shares it with them. The Connecticut Department of Labor… Continue Reading

Federal Court Rejects CTDOL’s Claim that “Bonus” Constitutes Wages

Posted in Litigation, Wage & Hour

A federal court judge this week rejected claims by the Connecticut Department of Labor that a company’s failure to pay a performance based bonus constituted a failure to pay wages.  In doing so, the Court appears to be in line with recent Connecticut Supreme Court precedents rejecting such claims as well. In State of Connecticut… Continue Reading

Connecticut Supreme Court Hears Arguments on Hostile Work Environment and CTFMLA Cases

Posted in Discrimination & Harassment, Highlight, Laws and Regulations, Litigation, Wage & Hour

It’s not very often that the Connecticut Supreme Court considers employment law issues. But today, two notable cases are being argued in front of the court. Both could have an impact on employers in the state. In Patino v. Birken Manufacturing, the court is being asked to consider whether a hostile work environment harassment claim… Continue Reading

BREAKING: DOL Proposes New FMLA Rules Impacting Military Leave

Posted in Laws and Regulations, Wage & Hour

The Department of Labor today proposed new regulations of the FMLA that would explain further the military family leave provisions and incorporate some special provisions for airline flight crews.  The new proposed regulations are in response to the National Defense Authorization Act for Fiscal Year 2012 which amended the FMLA to extend the military caregiver… Continue Reading

What to Expect When You’re Expecting the Department of Labor

Posted in Highlight, Wage & Hour

As I’ve noted before, both the U.S. and the Connecticut Department of Labor have had a renewed focus on investigating employers for compliance with state and federal wage & hour laws. But what should you expect when the DOL comes calling for an investigation (either as part of a random audit or a complaint)?  First… Continue Reading

BREAKING: USDOL Releases Proposed Changes to Companionship and Live-In Worker Regulations Under FLSA

Posted in Laws and Regulations, Wage & Hour

As expected, the United States Department of Labor today released its proposed changes to the companionship and live-in worker regulations under the Fair Labor Standards Act.  What was unknown was how significant the proposed changes would be. The short answer: Pretty significant.  The regulations substantially limit the companionship exemption under wage & hour laws to… Continue Reading

Butchers & Bakers Are Covered by Paid Sick Leave Guidance; Not Candlestick Makers

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

This is the second in a series of posts on the new Paid Sick Leave Guidance from the Connecticut Department of Labor. Back in June, I discussed who is a “service worker” under the new Paid Sick Leave law.  It is a detailed list that  includes butchers and bakers but not candlestick makers. It’s not… 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

More New Employment Law Regulations: Fluctuating Work Week & Tip Credit Under FLSA

Posted in Wage & Hour

Last month, it was the EEOC that released new regulations on the ADA.  This week, it’s the Wage & Hour Division of the Department of Labor, that has released new regulations on the Fair Labor Standards Act.  The new regulations will go into effect in early May 2011. While some of these revisions are more technical… Continue Reading

Governor Malloy’s Budget and Department of Labor

Posted in Legislative Developments

Governor Malloy released his anticipated budget and the changes to the Department of Labor are modest.  You can view the whole report (and the DOL portion beginning at 193) here.  Rather than dissect the whole thing, here are a few things that caught my eye: The DOL’s Unemployment Insurance Division is big. Very big. And getting… Continue Reading

Governor Taps Union Chief to Serve as New Commissioner of Department of Labor; Former HR Director to be Deputy

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

Can a union president and a former HR Director work together effectively?  We’ll soon find out at the Connecticut Department of Labor. Governor Dannel Malloy this afternoon selected Glenn Marshall to serve as the new commissioner of the Department of Labor, and picked Dennis Murphy as the agency’s new deputy commissioner. In a press release issued… Continue Reading

Connecticut Department of Labor Requires Larger Employers to Fill Out FMLA Report

Posted in Laws and Regulations

UPDATED 1/20/11 Filling out forms ranks right up there with going to the dentist for me. (Don’t tell him I said that.) I suspect I’m not alone. Which is why I’m sheepish about reminding employers that the Connecticut Department of Labor requires that employers with 75 or more employees as of a date certain, must… Continue Reading

US Department of Labor Teams with ABA For Lawyer Referral Service

Posted in Wage & Hour

On Friday, the White House announced a new partnership with the ABA designed to help workers whose complaints aren’t resolved by the U.S. Department of Labor find a lawyer through an ABA-approved lawyer referral service.   According to the ABA Journal article explaining the program:  [B]eginning on Dec. 13, workers with unresolved complaints under the… Continue Reading

Regulations from “Back in the Day” Still Around for Employers to Worry About

Posted in Human Resources (HR) Compliance, Laws and Regulations, Wage & Hour

As I catch up from being at the ABA Annual Meeting, my colleague, Mick Lavelle, prepared this terrific little post about some long-standing labor statutes that employers should not ignore. The Connecticut Department of Labor enforces statutes which were first enacted in the days when payroll records were paper documents, to be stored in filing cabinets.   Our… Continue Reading

The Basics: Authorizations for Repayment of Advance for Vacation Pay

Posted in Human Resources (HR) Compliance

Continuing the summer series on the basics of various employment laws in Connecticut, one of the issues that employers have questions on is the withholding of wages. Connecticut’s rule — under Conn. Gen. Stat. 31-71e — states that employers may not withhold wages unless one of three exceptions apply: the employer is required or empowered… Continue Reading

Connecticut Department of Labor Commissioner Patricia Mayfield Dies at 65

Posted in Laws and Regulations, Wage & Hour

Department of Labor Commissioner Patricia Mayfield — who had signaled that she was retiring as of February 1st — died yesterday at her home in Waterbury of an undisclosed illness.  In her place, Linda Agnew, of West Hartford, will serve as acting commissioner. The Hartford Courant has a full report on her life and accomplishments… Continue Reading

New Model COBRA Notices Are Finally Released by United States Department of Labor

Posted in Laws and Regulations

Several weeks after the passage of an extension of the COBRA subsidy provisions, the United States Department of Labor has finally released its model notices for employers to use.   All of them are available here.  There are three such forms, a General Notice form, a Premium Assistance Extension Notice, and an Updated Alternative Notice. … Continue Reading

USDOL Providing Webchats on Regulatory Agenda

Posted in Laws and Regulations

This year, the U.S. Department of Labor has taken great strides to modernize the office and better serve the public.  The new website is only part of that. This week, the DOL has begun a series of webchats with the public discuss the 2010 regulatory agenda and other issues facing the Department of Labor. They… Continue Reading