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

Tag Archives: employee

When Your Model Employee Isn’t Anymore

Posted in Discrimination & Harassment, Highlight, Human Resources (HR) Compliance, Social Media

I loved Bill Cosby. When we first got cable TV as a kid, I must have watched his movie “Himself” a few dozen times after school. His “Chocolate Cake” routine was even something I showed my kids a few years ago. And I don’t think I missed many episodes of his sitcom either. When 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

DOL’s Internship Test Rejected by Second Circuit Creating Conflict with New Connecticut Law

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

Did you enjoy the fireworks last week? I’m not talking about the real Independence Day fireworks; rather, it’s a new Second Circuit decision that should have employment lawyers popping this morning. For a while, we’ve been talking about interns.  Indeed, back in 2013, I talked about how a wage/hour case involving interns on the movie… Continue Reading

Your Workplace Is Going Viral #AlexfromTarget

Posted in Human Resources (HR) Compliance, Social Media

For employers, the power of the Internet is pretty scary at times. The latest meme to hit the Internet won’t change that view. Sometime yesterday (Sunday) afternoon, someone tweeted a picture of a worker from a Target store. His name is “Alex”. We know this because of his name tag. And apparently he’s cute and teenagers started… Continue Reading

ABA Approves Model Workplace Policy on Employer Responses to Domestic Violence

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

One of the roles that I relish is being a member of the American Bar Assocation’s House of Delegates for several terms now.   The ABA adopts certain policies at its Annual Meeting and uses its bully-pulpit to try to get such policies enacted at the federal, state or local level.At this year’s meeting, which took… Continue Reading

Do Camp Counselors and Baby Sitters Have to be Paid Minimum Wage?

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

My kids are at overnight camp this week and of course, my brain never stops thinking about cute employment law lessons that can be gleaned from everyday experiences. So, you may wonder: do camp counselors who, after all, spend 24/7 with the kids, have to be paid minimum wage? And what about babysitters that you… Continue Reading

Accommodating Employees’ Religious Beliefs: A Primer on “Sincerely Held”

Posted in CHRO & EEOC, Discrimination & Harassment, Highlight, Human Resources (HR) Compliance, Laws and Regulations, Litigation, Manager & HR Pro’s Resource Center

In the wake of the United States Supreme Court’s ruling in the Hobby Lobby case, holding that the Religious Freedom Restoration Act provides protection to closely held corporations to refuse, for religious reasons, to provide birth control methods and services to employees under the Affordable Care Act’s contraceptive mandate, the issue of accommodating an employee’s religious beliefs has… Continue Reading

Wage Claim Is Not a Unfair Trade Practices Claim Too, Rules Court

Posted in Highlight, Litigation, Wage & Hour

Management-side lawyers like myself like to joke that a former employee can sometimes sue any employer for any reason at any time. It’s not true, of course, but at times it feels like there is no limit to the creativity of lawyers filing claims against employers. One such tactic was recently rejected by the federal… Continue Reading

Second Circuit Leaves Some FLSA Issues Up For Grabs

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

A reminder: Employees are entitled to overtime for work over 40 hours a week, unless an exemption applies. For so-called white collar workers, there are three main exemptions: administrative, professional and executive.  Each of these categories looks at whether the employee had certain covered “duties” (known as the “duties” test) and a minimum guaranteed weekly… Continue Reading

How Do You Deal with Retiring Employees? Take a Cue from the Yankees

Posted in Discrimination & Harassment, Highlight, Human Resources (HR) Compliance

On the surface, the premise of this column would seem to be a thinly-veiled attempt to work in the retirement of the greatest closer that ever played baseball — Mariano Rivera — into a post. But I’ve actually had a few discussions about the topic of retirement in recent days and the two themes seem… 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

Should You Fire Employees Who Use (or Misuse, However Defined) Social Media?

Posted in Highlight, Human Resources (HR) Compliance, Social Media

A few days ago, The New York Times, ran a series of short essays from people on its “Room for Debate” page. The question it posed? “Should employers get tough with strict policies about social media activity, so that employees face consequences at work for what they say online?” Not surprisingly, the opinion’s ranged from… Continue Reading

Sandy Spooks Employers but Will Employers Scare Employees Into Voting?

Posted in Highlight, Human Resources (HR) Compliance, Labor Law & NLRB, Laws and Regulations

Everyone ok out there? What a wild couple of days we’ve had in Connecticut and, for those still without power, it’s not over yet.  Much like Irene and the October snowstorm before it, Sandy has left her mark.  But it’s time to get back to business today. We’re less than a week away from the… Continue Reading

Oh, Sandy! Storm Brings Headaches, Hassles & Heartburn

Posted in Human Resources (HR) Compliance

It’s Sunday evening here in Connecticut.  If the forecast goes according to plan, I may not have power tomorrow to write about the storm. Governor Malloy announced this evening that all non-essential state workers are not to report to work on Monday. But those who listened to his news conference know he went beyond that…. Continue Reading

Spying on Your Employees? Know the Law First

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

A recent story in a Forbes blog disclosed how one company fired 25 employees, after monitoring its employees’ computer activity.  Of course, the CEO learned that secret recordings work both way, as one employee recorded the termination meeting.  Connecticut employers have special obligations when it comes to employee monitoring.  In terms of surveillance, Conn. Gen. Stat. Sec…. Continue Reading

The One In Which I Try to Explain the Joint Employer Test

Posted in Class Actions, Highlight, Litigation, Wage & Hour

“How You Doin’? said the character Joey from the TV show “Friends“.  I say that here because this post is about the “joint employer” test for the Fair Labor Standards Act and its an otherwise dry post. “I know!” (You might be saying, if you were Monica from that same show.) “Could that BE any more boring?” (To… Continue Reading

Appellate Court Releases Trio of Important Employment Law Cases

Posted in Discrimination & Harassment, Human Resources (HR) Compliance, Litigation, Uncategorized

The Connecticut Appellate Court released three significant employment law decisions on Monday — one of the busiest days in recent memory for the court. For employers, the cases are a mixed bag but do provide some useful practice pointers. City Sheriff Was Not an “Employee” Entitled to Statutory Protection  In Young v. Bridgeport, the Court ruled that… Continue Reading

Bankruptcy Highlights Necessity of Preventing Data Breaches

Posted in Class Actions, Highlight, Human Resources (HR) Compliance, Litigation

With all the focus lately on social media, it’s easy for forget that there are other laws and issues that remain vitally important to employers. One of them is the need for employees to understand the importance of compliance with data privacy laws.  I talked in 2008 about a new law in Connecticut that may… 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

What Would The NLRB Think of Apple’s Social Media Policy?

Posted in Labor Law & NLRB, Social Media

This morning, I had the opportunity to talk with members of the Greater Valley Chamber of Commerce about social media and the law.  My thanks to that organization for the invitation. We talked for a while about the National Labor Relations Board’s stance on broad social media policies — something which I’ve discussed many times… Continue Reading

An Employer Bill of Rights? Well, Not Exactly, But….

Posted in Human Resources (HR) Compliance, Labor Law & NLRB, Laws and Regulations

I was hoping that fellow blogger, Jon Hyman (of Ohio Employer’s Law Blog fame), and I would get to make another World Series bet. Unfortunately, his team (the Phillies) and mine (the Yankees) are both watching the World Series from some tropical poolside bar. But it gives me an excuse to cite to a recent… Continue Reading

Connecticut Part of New Governmental Pact on Employee Misclassificiation

Posted in Highlight, Laws and Regulations, Wage & Hour

With 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

Employer Who Fired Returning Reservist Did Not Violate USERRA

Posted in Laws and Regulations, Litigation

USERRA (quick, name that acronym, answer down below) is a oft-misunderstood federal statute that addresses employment issues for reservists and active duty members of the armed forces. A recent Second Circuit decision (Hart v. Family Dental Group, decided May 31, 2011), arising from a federal court filing in Connecticut demonstrates the difficulties employers may have… Continue Reading

Paid Sick Leave Bill’s Anti-Retaliation Provisions Broader Than Just “Service Workers”

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

Remember how I indicated that most of the paid sick leave bill covers only “service workers”? That’s true, but there is a big exception that hasn’t been mentioned much elsewhere. Indeed, employers who have 50 or more employees should beware: The new Paid Sick Leave bill’s anti-retaliation provisions may cover all employees, not just the… Continue Reading