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

Tag Archives: exempt

Overtime Rules Still On Track — Are You Ready?

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

Over the last few weeks, there’s been a lot of bluster about lawsuits filed that are challenging the new overtime rules that are set to take place in just a few weeks. And there was also news that Congress was considering a law restricting the law as well. Both seem unlikely to come to pass… Continue Reading

BLIZZARD! Wage and Hour Reminders for Employers on Winter Storm

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

Well, it’s official.  Connecticut is under a Blizzard Warning as of Sunday afternoon. This is, of course, nothing new for employers in the state. We’ve had more than our fair share of big “monster” storms. If you’ve been following this blog for some time, you’ll have read more than your share of blog posts about… Continue Reading

CAD Detailing and Drawing Job Not Exempt from Overtime, Court Rules

Posted in Wage & Hour

Employees generally are eligible for overtime if they work more than 40 hours of work, unless one of the limited exceptions applies. Employers typically rely on one of the three white-collar exemptions — administrative, executive or learned professional — when making arguments as to why an employee is not eligible for overtime. A new federal… Continue Reading

More Litigation, More “Doing” Assistant Store Manager Overtime Cases

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

At 47 pages, U.S. District Court Judge Hall’s decision last week in Costello v. Home Depot USA (download here) denying an employer’s motion for summary judgment in an overtime case, isn’t exactly a light read.  She is, of course, not to blame. The case is complicated and has a “somewhat convoluted procedural history” because it was first filed… Continue Reading

BREAKING: Pharmaceutical Representatives are “Outside Salesmen” Under FLSA; Exempt from Overtime

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

The U.S. Supreme Court this morning ruled, 5-4, that pharmaceutical representatives are “outside salesmen” under the Fair Labor Standards Act.  In plain English, this now means that those representatives are now considered exempt from overtime. This decision is a big victory for pharmaceutical companies who have been facing years of class action suits (some of… Continue Reading

Keep an Eye Out for Court’s Ruling on Pharmaceutical Sales Rep. Case

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

The U.S. Supreme Court yesterday heard arguments over whether pharmaceutical sales reprsentatives were properly classified as exempt (from overtime) because they fall within the “outside sales” exemption of the nation’s wage & hour laws. The plaintiffs said that they were not properly classified because, while the representatives do a lot of tasks, the one thing that… Continue Reading

Leap Day: The Day Employers Get Free Work From Exempt Workers

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

A few years ago, I addressed the issue of what happens when there’s a “leap year” for pay periods.  Every five years or so (and 2009 was one of them), a year will have 27 bi-weekly paydays instead of 26. That issue arises because bi-weekly pay programs pay employees in 14-day increments resulting in a 364… Continue Reading

Hurricane Irene: Do You Need to Pay Your Employees If You’re Closed?

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

Updated: August 28, 2011 – As of mid-morning, more than 40 percent of the state is without power, making this storm the highest power outage in state history.  Widespread office closures are expected for Monday and early this week. It’s the (relatively) calm before the storm on Saturday night.  Hurricane Irene is definitely coming. But… Continue Reading

Paid Sick Leave: How Some Non-Exempt (Under State Law) Workers May Not Be Covered

Posted in Legislative Developments, Wage & Hour

As employers in Connecticut know, state and federal laws differ when it comes to paying overtime. Some employees (like computer professionals) are exempt from overtime obligations under federal law, but not under state law. The new Paid Sick Leave bill just makes a mess of this distinction even further. How? Well, the definition of “service… Continue Reading

Complications: The Interplay Between the Family Violence Leave Law & White-Collar Exemptions

Posted in Laws and Regulations, Wage & Hour

When new laws get passed, the complications that arise from the passage aren’t immediately clear.  But a look at Connecticut’s new family violence leave provisions (effective October 1, 2010) demonstrates how some of those complications are now making themselves apparent.  As you may recall, the new Family Violence Victim leave law permits employees to take… Continue Reading

Second Circuit Reinstates Wage & Hour Claims by Pharmaceutical Reps

Posted in Class Actions, Wage & Hour

Earlier today, the Second Circuit vacated a lower federal court decision that had dismissed a class action lawsuit by 2500 pharmaceutical representatives who claimed that they were improperly classified as exempt from overtime.  The decision paves the way for the class action to continue, and sets the stage for potentially other class actions against other… Continue Reading

A Dollar Here, 35 Million Dollars There…: Classifcation of Employees Remains Timely Issue

Posted in Wage & Hour

While I’m out on vacation for a bit, I thought I’d have one of my colleagues share a post on a recent case he’s focused on. Mick Lavelle is no stranger to employment law issues, having successfully litigated the case of Bridgeport Hospital v. CHRO — an important Connecticut Supreme Court case which curtailed the… Continue Reading

The Basics: The “Agriculture” Exception For Wage/Hour Rules That’s Broader Than You Might Think

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

Connecticut has a proud history of farms. Many, like Lyman Orchards, have been passed down for many generations. (And if you’ve never visited Lyman Orchards, don’t miss out on their Corn Maze and apple orchards for the next several weeks. I visited it recently and highly recommend stopping by.) For many of these farms, the… Continue Reading

DOL Issues Fact Sheet on Furloughs Providing Needed Guidance to Employers Facing Tough Times

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

Last month, I discussed the topic of furloughs, which have become an attractive option to employers in lieu of layoffs. Recently, the United States Department of Labor issued a "fact sheet" that provided additional guidance for employers to some frequently asked questions on the topic.  As the Employer Law Report said,  "While the fact sheet contains no… Continue Reading

Mandatory Furloughs – The Risks of Using Them in Connecticut

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

One of the latest fads in employment law has become a peculiar side effect of this recession — the increase in the use of mandatory furloughs. What are they? Well, in simple terms, they are orders from an employer to an employee that they take a day (or multiple days) off without pay. In doing so,… Continue Reading

When a Hurricane Does Hit Connecticut, What Are The Workplace Rules Regarding Storms?

Posted in Human Resources (HR) Compliance

As Tropical Storm Fay continues to pound Florida this week, I was recently reminded that it’s been 23 years since Connecticut suffered a direct hit from a Hurricane — the infamous Hurricane Gloria.  No worries then for Connecticut, right? Wrong. Connecticut has been hit by several tropical storms since then — just like Fay — and… Continue Reading

New Advisory Board and Joint Enforcement Commission To Be Established on Employee Misclassification

Posted in Laws and Regulations, Legislative Developments, Wage & Hour

This week, I’ve highlighted some new state laws that affect the employment law arena. This next one (Public Act 08-156) creates a new joint commission and new advisory board in Connecticut to deal with the issue of employee misclassification.  For employers, this new structure means that it is more likely that enforcement of misclassification laws (in… Continue Reading

February 28th Hearing at the Connecticut Capitol Features Discussion of Labor Bills including Paid Sick Leave

Posted in Legislative Developments

As I posted yesterday, the Connecticut General Assembly is back in session. The Labor & Public Employees Committee is busy holding hearings this week on various bills now pending before the General Assembly. One batch of bills is up for consideration this afternoon. A second batch is up for a hearing this Thursday at 2:30… Continue Reading

Four for….The Basics of the NLRA, FCRA, FMLA and CTFMLA, and Wage & Hour Laws

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

Many times, clients and acquaintances call looking for the "basics" of various materials. Although I’m happy to oblige, some of the "basics" materials are already out there on the Internet. In fact, the government typically has a good summaries of various laws prepared for everyday use. While these documents should not be relied upon entirely, they provide… Continue Reading

Wage & Hour Class Action Certified Against Smith & Hawken

Posted in Class Actions, Litigation

U.S. District Court Judge Vanessa Bryant is having a busy week.  Today, she released a decision certifying a FLSA class action against Smith & Hawken based on an alleged failure to pay overtime. In Holbrook v. Smith & Hawken, Ltd., the Plaintiff, a former assistant store manager (ASM) in the Glastonbury, Connecticut store, claimed that… Continue Reading

“Wage Wars” – Business Week’s Analysis of Overtime Lawsuits

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

For employment lawyers and HR professionals, it’s "old" news that overtime lawsuits are a major concern.  Business Week picks up on that trend in next week’s Cover Story entitled: "Wage Wars: Does your Boss Owe You Overtime".  According to the article: No one tracks precise figures, but lawyers on both sides estimate that over the… Continue Reading