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
Tag Archives: exempt
Paid Sick Leave: How Some Non-Exempt (Under State Law) Workers May Not Be Covered
Posted in Legislative Developments, Wage & HourAs 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 & HourWhen 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 & HourEarlier 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 & HourWhile 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 & HourConnecticut 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 & HourLast 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 & HourOne 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) ComplianceAs 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 & HourThis 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 DevelopmentsAs 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 RegulationsMany 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, LitigationU.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 & HourFor 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
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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