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

Tag Archives: exemption

From the Archives: The Basics of Agriculture’s Exemption to Wage/Hour Laws

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

Continuing a look back at some “basics” posts you might have missed, back in 2009, I tackled an exemption that may be overlooked when it comes to employment laws.   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… Continue Reading

The Best Laid Plans on Overtime, Or, When “Stuff” Happens

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

I had a lot of plans this week to do another deep dive into an employment law issue but then, well, let’s just say life happens. Among the things? Lots of questions from clients about the new overtime rules.  While everyone has had months to plan, there are definitely a few procrastinators out there. But… Continue Reading

One Big Thing For Employers to Know About the New Overtime Rule

Posted in Highlight, Laws and Regulations, Wage & Hour

Are you tired of lawyers commenting already on the new overtime rules? (The answer should be no, of course, since you’re reading this blog and thus have room for one more view.) But I think it’s fair to say that we haven’t seen a feeding frenzy like this on employment law in many, many years. … Continue Reading

Final Overtime Rule Released; Challenges Ahead for Connecticut Employers

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

If you like to open your presents on Christmas Eve, the U.S. Department of Labor is for you. Last night, the DOL posted the final revised rule on overtime on its website ahead of its planned announcement this afternoon. What a gift for employment lawyers!  Needless to say, I was up late unwrapping all my “gifts.”… Continue Reading

Keep Calm & Carry On: New Federal White-Collar Overtime Rules Still Not Released

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

Over the last few days, Twitter has been a-twittering with buzz that the Department of Labor has sent the final overtime rules to the OMB. This is the equivalent of one department sending another one an e-mail with the new rules. Why? Because it’s just the next step in getting the rules approved.  But nothing… Continue Reading

Employers to Pay More in Federal Unemployment Taxes

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

It appears that for the second year in a row, Connecticut employers will not be able to take advantage of a cost-saving opportunity as a result of inaction by the Connecticut Department of Labor. In two letters to the Connecticut Department of Labor by the CBIA and the Republican leadership, the details of the state’s… Continue Reading

The Employment Law Exemption for “Religious Corporations” You Never Knew About

Posted in CHRO & EEOC, Discrimination & Harassment, Highlight, Human Resources (HR) Compliance, Laws and Regulations

Over the past month, after the Supreme Court’s Hobby Lobby decision, much has been made in the press about how it is unprecedented for the court to consider a company’s religious beliefs in making its decisions. The issue of taking into account a corporation’s religious belief in the workplace has been also catapulted to the center of… Continue Reading

Obama Proposes Changes to White Collar Overtime Exemptions

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

The New York Times reported this morning that President Obama will ask the United States Department of Labor to revamp its regulations on the so-called “white collar” exemptions to the federal overtime laws. Specifically, he will direct the DOL “to require overtime pay for several million additional fast-food managers, loan officers, computer technicians and others whom… Continue Reading

Mandatory Flu Shots for Employees in Connecticut: Fact vs. Fiction

Posted in CHRO & EEOC, Discrimination & Harassment, Highlight, Human Resources (HR) Compliance, Labor Law & NLRB, Laws and Regulations, Wage & Hour

As the temperature starts to dip this week and our thoughts start turning from fall to winter, so starts slow climb up the absenteeism ladder. Around many workplaces, flu shot clinics are starting to pop up.  Not surprisingly, studies show that flu shots reduce the rate of absenteeism.  (Employees who get vaccinated get sick less… 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

Second Circuit Affirms a Broader Definition of “Executive” FLSA Exemption

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

There are three major “white-collar” exemptions to the federal overtime rules that are, to some employers, a bit confusing to say the least.  One of them — the “executive” exemption — is mistakenly understood to just include, well, senior executives of a company. A new case out by the Second Circuit (Ramos v. Baldor Specialty… 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

BREAKING: USDOL Releases Proposed Changes to Companionship and Live-In Worker Regulations Under FLSA

Posted in Laws and Regulations, Wage & Hour

As 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

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

Parents Sue to Allow Children to Work in Family Pizza Business

Posted in Laws and Regulations, Wage & Hour

Two parents have recently sued the Connecticut Department of Labor, asking the court rule that the child labor protection laws should not apply to situations such as theirs where they want their own kids to work in the family pizza place.  The Connecticut Law Tribune has a good recap of the matter thus far.  I… 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

Domestic Service Workers or Household Companions: Whatever You Call Them, Know the Wage & Hour Rules

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

Once again, the Connecticut Law Tribune has compiled an excellent series of articles on labor and employment law topics for its quarterly supplement which you can view here. In it, my colleague, Joshua Hawks-Ladds, has a great article on the domestic service worker exemption under various wage and hour laws.   As he points out,… Continue Reading

Misclassification Initiatives: How Can Employers Be Prepared; Next Webinar Set

Posted in Laws and Regulations, Wage & Hour

It 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