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

Tag Archives: flsa

Opt In or Opt Out or Both? Collective and Class Actions in Wage & Hour Cases

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

A limo driver believes that he should be paid overtime.  He brings a lawsuit on both state and federal wage & hour laws.  But he believes that other similarly situated drivers should also be part of his lawsuit. How does that happen? Well, he asks the court to represent all the other drivers as well…. Continue Reading

Split of Authority Develops on Issue of Judicial Approval for FLSA Settlements

Posted in Class Actions, Litigation, Wage & Hour

Your former employee files suit against your company in federal court in Connecticut claiming that she is entitled to overtime under the Fair Labor Standards Act.   You go to a settlement conference before a magistrate judge. After a few hours of back and forth negotiation, you reach a settlement with the ex-employee. Is judicial approval of the… Continue Reading

CTDOL’s Interpretation of Travel Time Not “Reasonable”; What Happens Next?

Posted in Highlight, Laws and Regulations, Litigation, Wage & Hour

So if last Tuesday’s post about the latest Connecticut Supreme Court decision on travel time was for employers, this post is for the ones who love the nuances of the law. Dan Klau on his Appealingly Brief blog did a deep dive into the decision. And it wasn’t pretty. The issue Dan highlights is this:… 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

USDOL Releases Final Rule Applying Overtime to Home Health Aides & Other Direct Care Workers

Posted in Highlight, Laws and Regulations, Wage & Hour

Yesterday, the U.S. Department of Labor announced significant new changes to its regulations regarding who is a “domestic worker” and therefore subject to the coverage of the federal laws regarding overtime and the like. The changes were, in many ways, expected. But the scope of the coverage — expanding it to nearly two million more… Continue Reading

Claiming Overtime Pay? Some Specifics Are Required Says Second Circuit

Posted in Class Actions, Litigation, Wage & Hour

As I continue this week to recap some important FLSA decisions this summer by the Second Circuit, the next one will be important in the long run for employers. Wage and hour claims have been a thorn in employers side for a while now.  (My friend, Molly DiBianca of the always fabulous, Delaware Employment Law… Continue Reading

CEOs Beware: You’re Now in the Crosshairs of a Wage and Hour Complaint Under FLSA

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

As we wrap up summer and start returning from vacations, there are several important Second Circuit FLSA decisions decided over the last few weeks that employers need to be aware of.  I’ll cover them in posts over the next few days. Earlier this summer, the Second Circuit (which is the appeals court for the federal… 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

Black Swans and Trojan Horses: Why That Internship Program May Not Be Legal

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

Last week, a federal judge in New York ruled that unpaid interns on the movie “Black Swan” should have been paid for their work, under the Fair Labor Standards Act (FLSA). You can download the decision in Glatt v. Fox Searchlight here.  The court relied on the six factors that have been outlined by the… Continue Reading

Offers of Judgment in FLSA Collective Actions: Another Tool for Wage & Hour Claims

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

Last week, while most of us were focused on the events in Boston, the U.S. Supreme Court came down with a notable decision last week involving a wage & hour class action (it’s actually called a “collective” action, but for the non-lawyers out there, just think of it as a class action) and what should… Continue Reading

The Beginning of the End for Wage & Hour Class Actions Through Arbitration Agreements? Second Circuit Sets Stage

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

Suppose you have your employees’ sign agreements to arbitrate all of  their employment disputes.  (I’ve talked about arbitration agreements in many posts before.) Can you have an arbitration agreement that says that an employee is precluded from bringing a Title VII (race or gender discrimination) class action claim in Court? Employees have argued that because most arbitration agreements… 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

Should You Care That Supreme Court Will Rule on Offers Of Judgment in Wage Cases?

Posted in Class Actions, Litigation, Wage & Hour

I’m going to let you in on a little secret. Not all employment law cases decided by the U.S. Supreme Court matter are of equal significance and importance to employers. What? How can that be, you say? It’s the SUPREME COURT!  Isn’t everything that they say important? Well, sort of. The truth is that sometimes… Continue Reading

Court Bars Use of Fluctuating Work Week to Calculate Award in Overtime Case

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

In prior posts, I’ve talked about the fluctuating work week and how it can be a useful tool for employers in limited circumstances.  Yesterday, a federal court in Connecticut had a very interesting ruling that addressed whether an employer — when faced with a suit for overtime by a group of convenience store employees (“clerks”,… 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

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

Going Mobile: Lessons in Employment Law For HR

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

This afternoon, I’m speaking at Workforce HR’s Techweek Conference on “Going Mobile”.  It’s not too late to join us here as it is an online conference. Oh, and did I mention that it’s FREE.  There, got your attention. One of the topics that I’ll be talking on is the legal risks involved with “going mobile”… Continue Reading

Court Upholds Use of Fluctuating Work Week Method in Connecticut

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

My colleague, Mick Lavelle, has this post on a topic that few know about and even fewer understand: The Fluctuating Work Week.  For more background on the subject, I’ve talked about it in earlier posts here and here.  Interpretation of the federal Fair Labor Standards Act is aided by hundreds of pages of regulations and U.S…. Continue Reading

Written Consent Form Needed For FLSA Collective Action

Posted in Class Actions, Litigation, Wage & Hour

Ever wonder what happened to the case of the “exotic dancers” who claimed that they were misclassified as independent contractors? Well, the case continues and yesterday, the federal court denied a summary judgment filed the strip club on a technical issue that is probably overlooked by employers in many instances.  You can download the decision… Continue Reading

“Linsanity” for Employers to Fail to Post Required Notices

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

Employers in Connecticut (and other states) have a whole host of notices that must go up in a common meeting area for employees to see. But what happens when an employer forgets to do the postings, or, worse, purposely avoids putting those posters up?  A recent federal case in Connecticut addresses that question with important… Continue Reading

What to Expect When You’re Expecting the Department of Labor

Posted in Highlight, Wage & Hour

As I’ve noted before, both the U.S. and the Connecticut Department of Labor have had a renewed focus on investigating employers for compliance with state and federal wage & hour laws. But what should you expect when the DOL comes calling for an investigation (either as part of a random audit or a complaint)?  First… Continue Reading

Quick Hits: FLSA & Arbitration Agreements, Initial Discovery Protocols, Dating Policies, EEOC Charges, Ledbetter

Posted in CHRO & EEOC, Class Actions, Discrimination & Harassment, Litigation, Wage & Hour

There are lots of items I had hoped to write about but, as many of you have observed, there’s only so much time in the week.  So, it’s time to bring back the recurring “Quick Hits” feature to highlight some tidbits worthy of your consideration: Are arbitration agreements that waive FLSA collective actions enforceable? No,… Continue Reading

Hybrid Wage-and-Hour Class Actions Blessed by Second Circuit

Posted in Class Actions, Litigation, Wage & Hour

Ok, bear with me for a second. If your employees want to bring a class action against your company claiming that they should’ve been paid overtime, there are typically two ways to do so: Bring a claim under state law, or bring a claim under federal law (Fair Labor Standards Act). There’s a big difference:… Continue Reading