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

Tag Archives: employee

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 & NRLB, 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 & NRLB, 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 & NRLB, 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

The State of the Employment Law Practice – “Boom Times” for the NLRB

Posted in Labor Law & NRLB, Litigation

The new and improved Connecticut Bar Association Annual Meeting went off without a hitch on Monday, chock full of information about labor & employment law.  Besides my seminar on the intersection of social media and employment law, the CBA held a forum in the afternoon on the "Practice of Labor & Employment Law in the Current Economy:… Continue Reading

Wage & Hour Rx Wrapup: What Employers Need To Know

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

Yesterday’s seminar on Wage & Hour Rx, sponsored by the CBIA, went very well and I thank all of the attendees for their great questions and comments. It made for a lively discussion about all things wage & hour. What were some of the "hot topics"? The difference between employees and independent contractors was a… Continue Reading

Quick Hits: Unpaid Interns, Employee E-mail Privacy, LinkedIn Recommendations, Advice from the “Enemy”, Retaliation, The “Restroom Issue”

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

With my work on the Law & Technology Symposium for the Connecticut Bar Foundation last week, there are several employment law topics that I haven’t had time to discuss in full. While I’ve shared some of these links via my Twitter feed (which you can find at twitter.com/danielschwartz), I thought I would recap some of… Continue Reading

Five Questions with… Mathew Krukoski, CPA on Employee Benefit Plan Audits

Posted in Human Resources (HR) Compliance

  Continuing our occasional series of interviews with people of interest to human resource professionals in Connecticut, today we talk with Mathew Krukoski, CPA of J.H. Cohn’s Glastonbury, CT offices. Matthew is a Partner there and we had the opportunity to talk about the importance of having auditors review employee benefit plans, particularly as that… Continue Reading

Do You Really Want To Take on the 350 Million Pound Gorilla in the Room?

Posted in Litigation

So, you’re an employer and you’ve just been sued for disability discrimination.   Allegedly, you fired an employee who was out of work without a legitimate reason.  You had heard grumblings that the worker had actually taken a four-day weekend in Vail but never had definitive proof, so you just relied on the no-call/no-show policy to… Continue Reading

Connecticut Supreme Court Answers the Question of Who is an “Employee” Under Unpaid Wage Law

Posted in Human Resources (HR) Compliance

The Connecticut Supreme Court today addressed the issue of who is an "employee" under a provision of the state’s unpaid wage law that allows individuals to institute a civil action.  (Conn. Gen. Stat. Sec. 31-72). That statute basically says that when wages aren’t paid under some other provisions (sections 31-71a to 31-71i), the employee may… Continue Reading

2d Circuit Rules Employee’s Motive is Not Relevant to Determining Whether Speech is Protected by First Amendment

Posted in Litigation

To borrow an oft-quoted phrase, it is commonly understood that public employees do not shed their constitutional rights at the workplace entrance.  Indeed, the U.S. Supreme Court has held that employees have the right to speak out on matters of "public concern" without retribution, based on First Amendment protections. But one question that has arisen… Continue Reading

Update: District Court Throws Out Wrestlers’ Lawsuit Against WWE (Again)

Posted in Class Actions, Litigation, Wage & Hour

Back in February, a federal court in Connecticut dismissed a lawsuit brought by three former wrestlers who contended, among other things, that they were improperly classified as independent contractors. The case garnered national attention (see, for example, this post by Zach Lowe at The American Lawyer) for a variety of reasons, including the disclosure of… Continue Reading