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
Tag Archives: DOL
What to Expect When You’re Expecting the Department of Labor
Posted in Highlight, Wage & HourAs 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 & HourAs 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 & HourThis 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
BREAKING: Connecticut DOL Issues Guidance and Poster on Paid Sick Leave
Posted in Featured, Human Resources (HR) Compliance, Laws and Regulations, Wage & HourThe Connecticut Department of Labor has issued its long-awaited guidance this morning on the new Paid Leave Law that becomes effective on January 1, 2012. You can download the CTDOL’s guidance here. My cursory review of the guidance indicates that it answers some questions that have been floating out there — albeit in ways that… Continue Reading
Connecticut Part of New Governmental Pact on Employee Misclassificiation
Posted in Highlight, Laws and Regulations, Wage & HourWith all the publicity about paid sick leave (effective January 1, 2012 — you’re ready, right?), it’s important not to forget that there are plenty of other employment laws that employers have to consider. Over the last few years, there’s been more agency enforcement centered around employee misclassification — that is treating “real” employees as… Continue Reading
A Modest Proposal for What Happens Next for the CHRO
Posted in CHRO & EEOC, Discrimination & Harassment, Legislative DevelopmentsUPDATED 7/7/11 With yesterday’s stunning announcement that all proceedings at the Office of Public Hearings are suspended indefinitely (see this notice), the question that arises is: What Happens Next? The answer is only known to the Governor and staff at the CHRO. But last year, my law partner, Joshua Hawks-Ladds published a way forward. How?… Continue Reading
Malloy’s Plan B – Big Cuts to DOL, CHRO, Judicial Branch
Posted in CHRO & EEOC, Legislative DevelopmentsThe other shoe has dropped. For now. Governor Malloy late today released his official “Plan B” detailing the layoffs expected as a result of the union concession vote. And it’s ugly. It calls for a 15 percent staff reduction at the Department of Labor, 30 percent reduction at the Commission on Human Rights and Opportunities,… Continue Reading
Quick Hits: Hartford’s Refusal to Use Credit Scores; Use of Criminal Records; DOL’s New iPhone App; Paid Sick Leave
Posted in Human Resources (HR) Compliance, Litigation, Wage & HourUPDATED 5.16.11 We’re just one week away from our seminar on employment law. It’s essentially sold out but we’re still taking names for a waiting list. Those signing up will get first priority when we re-run this program in the fall. We’re also less than two weeks away from the re-launch of the Connecticut Employment… Continue Reading
More New Employment Law Regulations: Fluctuating Work Week & Tip Credit Under FLSA
Posted in Wage & HourLast 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
Connecticut Department of Labor Requires Larger Employers to Fill Out FMLA Report
Posted in Laws and RegulationsUPDATED 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
Connecticut Department of Labor Employer Breakfast Series Continues
Posted in Wage & HourThe Connecticut Department of Labor is renewing its breakfast series for employers next month with a timely presentation on the difference between independent contractors and employees. Carl Guzzardi, U.C. Director of Accounts for the U.I. Tax Division, and Resa Spaziani, Field Supervisor for the Wage & Workplace Standards Division from the CT Labor Department are… Continue Reading
All About Labor Day in Connecticut
Posted in Human Resources (HR) ComplianceShould Labor Day be celebrated on a Tuesday? That was one interesting fact about the start of Labor Day that I covered in a post a few years ago here. The United States Department of Labor, as you might expect, covers this topic fairly extensively on its website. According to the DOL, it "is a… Continue Reading
US Department of Labor Clarifies Definition of “Son or Daughter” Under FMLA, Affording Rights to Gay Parents
Posted in Laws and RegulationsThe United States Department of Labor late today issued a new interpretation of what a "son or daughter" is under the federal Family and Medical Leave Act (FMLA) to make it clear that an "employee who assumes the role of caring for a child receives parental rights to family leave regardless of the legal or… Continue Reading
DOL Redefines “Clothes” Under Federal Wage & Hour Laws; Now Excludes Protective Equipment Required by Law
Posted in Wage & HourThe United States Department of Labor today released a new "Administrator’s Interpretation" concerning the donning and doffing (or, in plain English, typically putting on and taking off) of clothing at the beginning and end of each workday. You can download the notice here. Under the FLSA, “changing clothes or washing at the beginning or end… Continue Reading
Podcast on Internships: What Employers Need to Know
Posted in Wage & HourWith the Department of Labor’s crackdown on unpaid interns continuing this year (for background, see my prior post), it seems appropriate to delve into the topic in some more detail. Fortunately, I’ve been asked to join The Proactive Employer in a podcast on the topic on Friday morning. Details and signups are available here. … Continue Reading
Court: DOL Must Count Out-of-State Workers to Determine if Employer Has Requisite 75 or More Employees Under Connecticut’s FMLA
Posted in Human Resources (HR) Compliance, Litigation, Wage & HourUPDATED In a decision sure to send chills to employers with small branch offices in Connecticut, a Superior Court judge recently ruled that an employer’s out-of-state employees must be counted in figuring out if an employer is subject to the state’s FMLA rules. Employers with 75 or more employees nationwide that have just one employee in… Continue Reading
Revenge of the Interns! Department of Labor Continues Emphasis on Unpaid Internships
Posted in Human Resources (HR) Compliance, Laws and Regulations, Wage & HourAs if to say, "…And We Really Mean It", the United States Department of Labor continued its publicity campaign on the issue of unpaid interns by releasing a Fact Sheet this week on whether and when interns need to be paid minimum wage or be treated as employees. If you recall, earlier this month, the… Continue Reading
Quick Hits: Paycheck Fairness Act, CHRO, Employee Misclassification, Amara v. CIGNA followup
Posted in CHRO & EEOC, Discrimination & Harassment, Human Resources (HR) Compliance, Legislative Developments, Wage & HourIt’s a big holiday today. So, let me be the first to say: Happy Evacuation Day — at least to my fellow blogger at Compliance Building. To everyone else, a Happy St. Patrick’s Day. Its been some time since my last look around the employment law universe, so here’s some quick hits of what else… Continue Reading
Misclassification Initiatives: How Can Employers Be Prepared; Next Webinar Set
Posted in Laws and Regulations, Wage & HourIt has been widely reported over the last month that the United States Department of Labor is planning some new initiatives to crack down on usage (or abuse) of independent contractors by companies. Several blogs have done a thorough job on reporting about it including the Delaware Employment Law Blog, Point Of Law, Florida Employment… Continue Reading
Connecticut Department of Labor Commissioner Patricia Mayfield Dies at 65
Posted in Laws and Regulations, Wage & HourDepartment 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
COBRA Subsidy Extension Becomes Law; What Employers Need to Do Now
Posted in Laws and Regulations, Legislative DevelopmentsSo, President Obama signed a bill that extends the COBRA subsidy. No big deal, right? Well, not exactly. First, let’s go over what’s in the final provision: The eligibility period to receive the COBRA subsidy has been extended two months — to February 28, 2010. That means that individuals who have been laid off recently… Continue Reading
USDOL Providing Webchats on Regulatory Agenda
Posted in Laws and RegulationsThis 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
Quick Hits: GINA, EEOC’s New Website, NLRB Decisions, Top 100 Blogs
Posted in Human Resources (HR) Compliance, Labor Law & NRLB, Laws and Regulations, Legislative Developments, Litigation, Social MediaOver the weekend, I was asked: How do you keep coming up with ideas for the blog? My response was that I use Google Reader to flag stories that may be of interest. Unfortunately, over the last few weeks, I’ve been flagging more stories than I’ve had time to write about. So, now seems a… Continue Reading
About Daniel Schwartz
Trusted advisor. Experienced employment law attorney. Bar leader. Award-winning author. Noted Speaker. "Legal Rebel". All can be said to be apt descriptions of Daniel Schwartz, a member of Pullman & Comley. More +
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