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
Tag Archives: flsa
Written Consent Form Needed For FLSA Collective Action
Posted in Class Actions, Litigation, Wage & HourEver 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 & HourEmployers 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 & HourAs 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 & HourThere 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 & HourOk, 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
“Vaporizing” One Area of Employment Law? Hmmm.
Posted in Highlight, Human Resources (HR) Compliance, Laws and RegulationsIn a post Friday, Walter Olson over at Overlaywered posed this question, “If I could press a button and instantly vaporize one sector of employment law…” (His suggestion? Age Discrimination laws.) Jon Hyman, at the Ohio Employer’s Law Blog, picked up on the question and posed it for his readers as well. Jon’s choice? The… Continue Reading
The Seven Updates To Consider to Your Employee Handbook
Posted in Featured, Highlight, Human Resources (HR) Compliance, Legislative Developments, Manager & HR Pro’s Resource CenterWith all the legislative developments in Connecticut over the last year or so, it’s tough to keep track of all of the changes that your company needs to consider to update your employee handbook and employment policies. Here’s a (non-exhaustive) list of some of the changes to consider with a link to more information on… Continue Reading
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
Second Circuit Revisits Standards for “Working” Time vs. Off-the-Clock in Reviving Wage & Hour Class Action
Posted in Class Actions, Litigation, Wage & HourWhen does the workday begin? When does it end? These were among the questions that the Second Circuit addressed and resolved in an important wage & hour decision last week. The case, Kuebel v. Black & Decker, can be downloaded here. The court held that an "employee’s commuting time is not compensable as part of his… Continue Reading
More New Employment Law Regulations: Fluctuating Work Week & Tip Credit Under FLSA
Posted in Wage & HourLast month, it was the EEOC that released new regulations on the ADA. This week, it’s the Wage & Hour Division of the Department of Labor, that has released new regulations on the Fair Labor Standards Act. The new regulations will go into effect in early May 2011. While some of these revisions are more technical… Continue Reading
Who’s a “Successor” for FLSA Purposes? District Court Outlines Three Tests…And Punts
Posted in Wage & HourWhen faced with an unpaid wage claim (such as one brought under the Fair Labor Standards Act — FLSA, for short), an employer has one option that is often off the table, an option nicknamed the "nuclear option". What is it? It is to close the business, either through a bankruptcy or just an… Continue Reading
Time to Modernize Workplace Laws: What Aspects Can Be Updated?
Posted in Human Resources (HR) ComplianceLet’s go back to 1935. You remember that time, right? Well, in 1935, Babe Ruth retired from baseball. A gallon of gas cost 10 cents. Igor Sikorsky was still working on developing the helicopter in Connecticut. And we were still 10 years away from even ideas like Dick Tracy’s Two-Way Wrist Radio. It was also… Continue Reading
Stripping Down the Latest FLSA Decision: Adult Entertainers
Posted in Class Actions, Litigation, Wage & HourWhile I dig back out from vacation, my colleague Jon Orleans forwarded this update on a recent case in the Second Circuit. While the case is from New York, it may ultimately have some implications in Connecticut if it is appealed. A recent decision from the Southern District of New York certifies an FLSA… Continue Reading
DOL Releases Fact Sheet on Break Times for Nursing Mothers Under FLSA
Posted in Human Resources (HR) ComplianceConnecticut employers have long since had to deal with Conn. Gen. Stat. 31-40w which has stated that every employee who wishes to express breast milk or breastfeed at work can do so during a meal or rest period. Employers are obligated to find a suitable room or other location (other than a toilet stall) where the… 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
Podcast on Internships: What Employers Need to Know
Posted in Wage & HourWith the Department of Labor’s crackdown on unpaid interns continuing this year (for background, see my prior post), it seems appropriate to delve into the topic in some more detail. Fortunately, I’ve been asked to join The Proactive Employer in a podcast on the topic on Friday morning. Details and signups are available here. … Continue Reading
Parents Sue to Allow Children to Work in Family Pizza Business
Posted in Laws and Regulations, Wage & HourTwo 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
The Report of the Death of the Confidentiality Clause Is Exaggerated
Posted in Class Actions, Human Resources (HR) Compliance, LitigationFormer Hartford resident Mark Twain once wrote: "The Report of My Death Was An Exaggeration". The same can be said, I believe, of reports from a case out of Florida on confidentiality. Rick Hayber, who writes the Connecticut Employee Rights Blog, discussed the case earlier this week and asked for my views. In the case,… Continue Reading
Domestic Service Workers or Household Companions: Whatever You Call Them, Know the Wage & Hour Rules
Posted in Human Resources (HR) Compliance, Wage & HourOnce 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
Revenge of the Interns! Department of Labor Continues Emphasis on Unpaid Internships
Posted in Human Resources (HR) Compliance, Laws and Regulations, Wage & HourAs if to say, "…And We Really Mean It", the United States Department of Labor continued its publicity campaign on the issue of unpaid interns by releasing a Fact Sheet this week on whether and when interns need to be paid minimum wage or be treated as employees. If you recall, earlier this month, the… Continue Reading
New Health Care Bill Adds Federal Rights Regarding Lactation / Breast Pumping in Workplace; Conn. Law Unchanged
Posted in Laws and Regulations, Legislative Developments, Wage & HourUPDATED Credit Molly DiBianca at Delaware Employment Law Blog and Fitzpatrick on Employment Law for highlighting a little-known provision that was passed in the health care law. As summarized by Molly: Section 4207, titled, Reasonable Break Time for Nursing Mothers amends the Fair Labor Standards Act (“FLSA”). Because it is born to the FLSA, its… Continue Reading
Mortgage Loan Officers Are Not Exempt (Anymore) From Overtime Rules, Says DOL
Posted in Laws and Regulations, Wage & HourThe United State Department of Labor has begun issuing administrator interpretations, which are intended to provide guidance to employers and employees on various issues from time to time. They have not been used n the recent past, but a new one yesterday shows that this is changing. Specifically, the DOL has released an interpretation of… Continue Reading
Webinar: Why FLSA Exemptions & Classifications Are Under Attack & How to Respond
Posted in Human Resources (HR) Compliance, Laws and Regulations, Wage & HourOur webinar on employee misclassification and FLSA exemptions is set for noon today. There’s still time to register for this free webinar here (we hope to post the webinar audio later today). If you can’t make it (or even if you can), the following is a link to the webinar materials. In the webinar, we will… 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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