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

Tag Archives: independent contractor

New York (State and City) Imposes New Rules for Freelancers, State Contracts

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

My colleagues, Clarisse Thomas, Keegan Drenosky and I have been busy keeping track of the developments in New York which may impact Connecticut employers with cross-border business.  Here are two of the most recent developments. Freelance Isn’t Free The New York City Council has enacted and the Mayor has signed a new law applicable to… Continue Reading

BREAKING: CT Supreme Court Gives Employers Using Independent Contractors A Big Victory

Posted in Featured, Highlight, Litigation, Wage & Hour

Late this morning, the Connecticut Supreme Court released one of its most important decisions on employment law in years. I’ve been talking about it prior posts but its decision is a welcome surprise for employers who feared the worst.  Because I’m out of the office for a few days, I’ve asked my colleague Chris Engler… Continue Reading

The Real Battle over Independent Contractors and the ABC Test In Connecticut

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

You’ve no doubt heard lots about how the U.S. Department of Labor is cracking down on independent contractors.  I’ve recapped it before and my former colleague, Jonathan Orleans, has a new post regarding Uber & electricians. But in my view, there is a larger, more important battle now being fought in Connecticut and you may… Continue Reading

No Vacation for Employment Law: New “Interpretation” for Independent Contractors Issued by USDOL

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

Whatever happened to summer vacation? You remember, that downtime, when nothing much happened? First, there were new proposed OT rules. Then, word came out EARLY (I got an alert at 6a!) today that the U.S. Department of Labor issued new “guidance” that will try to limit the misclassification of employees as indpendent contractors. The goal… Continue Reading

Appellate Court Releases Trio of Important Employment Law Cases

Posted in Discrimination & Harassment, Human Resources (HR) Compliance, Litigation, Uncategorized

The Connecticut Appellate Court released three significant employment law decisions on Monday — one of the busiest days in recent memory for the court. For employers, the cases are a mixed bag but do provide some useful practice pointers. City Sheriff Was Not an “Employee” Entitled to Statutory Protection  In Young v. Bridgeport, the Court ruled that… Continue Reading

Three Takeaways from Labor & Employment Seminar

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

We had another great turnout last week  for my firm’s seminar on labor & employment law.  Many of the topics would be familiar to avid blog readers, but there were three interesting points that I haven’t talked much about that I thought were also notable. 1.  In September, the IRS announced a Voluntary Classification Settlement… Continue Reading

Connecticut Part of New Governmental Pact on Employee Misclassificiation

Posted in Highlight, Laws and Regulations, Wage & Hour

With all the publicity about paid sick leave (effective January 1, 2012 — you’re ready, right?), it’s important not to forget that there are plenty of other employment laws that employers have to consider. Over the last few years, there’s been more agency enforcement centered around employee misclassification — that is treating “real” employees as… Continue Reading

Issues for Misclassification Lawsuits – Don’t Get Swept Up

Posted in Class Actions, Litigation, Wage & Hour

The Connecticut Law Tribune this morning has word of a lawsuit by a group of individuals who say that as vacuum sellers, they were “hosed” by a company that, they claim, was actually their employer.  Because the case has just been filed, the employer has not yet filed a response. You can download a copy… Continue Reading

In Titillating Case, Court Compels Strip Club Dancers to Engage Individually …in Arbitration

Posted in Class Actions

A few weeks ago, I indicated (in posts here and here) that the AT&T Mobility v. Concepcion case would have a huge impact on forcing arbitrations of employment matters and limiting class actions. An important new federal District Court case in Connecticut decided yesterday, D’Antuono v. Service Road Corp., (download here) has shown that to be… Continue Reading

Stripping Down the Latest FLSA Decision: Adult Entertainers

Posted in Class Actions, Litigation, Wage & Hour

While 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

What Employers Can Learn From Linda McMahon’s Booking Contract with WWE

Posted in Human Resources (HR) Compliance

With the campaign for U.S. Senate winding up in Connecticut soon, there’s been lots of chatter about Linda McMahon’s role with the WWE.  I’ll leave it for others to analyze political issues arising from her relationship with the WWE, if any, but her relationship with the company provides an interesting backdrop to talk about independent… Continue Reading

Connecticut Department of Labor Employer Breakfast Series Continues

Posted in Wage & Hour

The Connecticut Department of Labor is renewing its breakfast series for employers next month with a timely presentation on the difference between independent contractors and employees. Carl Guzzardi, U.C. Director of Accounts for the U.I. Tax Division, and Resa Spaziani, Field Supervisor for the Wage & Workplace Standards Division from the CT Labor Department are… 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

Employers Can Use Independent Contractors, But It Must Be Legitimate

Posted in Wage & Hour

With all the publicity lately about the new efforts by the state and federal governments to "crack down" on employers that misclassify employees as independent contractors, you might think that being an independent contractor is a dirty word. Not so, according to Michael Gualtieri, who owns and operates ProCourier, Inc. and serves as president of… Continue Reading

The Year of Worker Misclassification Continues; Additional Penalties Being Proposed

Posted in Legislative Developments, Wage & Hour

Earlier this week, I noted that a key legislative committee had approved a bill that would increase penalties for misclassification of workers as independent contractors.  Yesterday, Attorney General Richard Blumenthal gave some more details to those changes in a press conference in announcing the recommendations of the Joint Enforcement Commission on Employee Misclassification “A crackdown… 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

“Are You My Employee?” Webinar on Independent Contractors and More Now Available for Download

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

My sincere thanks to my colleague, Joshua Hawks-Ladds for being the featured speaker today in the continuing monthly webinar series we’ve been doing on hot topics in employment law. This month’s webinar focused on the unintended employment relationship; in other words, everything you wanted to know about temps, independent contractors and even franchisees (and their… Continue Reading

“Are You My Employee?”: Next Webinar Set on Unintentional Employment Relationships

Posted in Human Resources (HR) Compliance

Over several generations now, parents and their kids have been enthralled and entranced with the readings of the classic children’s book – "Are You My Mother?" Put that same question in the employment context and you get the title to the next free webinar I’m producing — entitled "Are You My Employee?  Normally, we do… Continue Reading

Quick Hits: EFCA Update; Racial Harassment, Strategic Economic Planning Document,, Non-Compete Agreements, New ADA Regulations

Posted in Discrimination & Harassment, Human Resources (HR) Compliance, Laws and Regulations, Legislative Developments, Litigation

It’s been a busy week. The ABA Journal’s Legal Rebels project stopped by for a visit yesterday. We talked about the blog and how attorneys and clients can really take advantage of technology.  (We also talked about bar association activities; my public thanks to all the people on the various task forces and committees as… Continue Reading

Second Circuit: Employers May be Liable for Discrimination By Third Parties

Posted in Discrimination & Harassment, Human Resources (HR) Compliance, Litigation

Earlier today, I was fortunate to hear Second Circuit Judge Guido Calabresi speak at a Connecticut Bar Association Young Lawyers Section event as the 2009 Distringuished Speaker Award.  He can weave a great story and mixed telling us tales of his interactions between Justices Sotomayor and Roberts, and of working for a United States Supreme Court … Continue Reading

Report Focuses On Companies That Fail to Pay Employee Taxes…and the Consequences

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

Over the weekend, the Hartford Business Journal published a revealing look at Connecticut’s efforts to crackdown on companies that avoid paying employee taxes and workers’ compensation insurance. Indeed, according to the published report, the state’s efforts resulted in 220 stop-work orders at construction sites across Connecticut. But the report goes on to contend that "a… Continue Reading

Update: District Court Throws Out Wrestlers’ Lawsuit Against WWE (Again)

Posted in Class Actions, Litigation, Wage & Hour

Back in February, a federal court in Connecticut dismissed a lawsuit brought by three former wrestlers who contended, among other things, that they were improperly classified as independent contractors. The case garnered national attention (see, for example, this post by Zach Lowe at The American Lawyer) for a variety of reasons, including the disclosure of… Continue Reading

WWE Lawsuit Update: Raven and Wrestlers File Response to WWE’s Motion to Dismiss

Posted in Class Actions, Litigation, Wage & Hour

Many weeks after the WWE filed its motion to dismiss the lawsuit brought by three former WWE wrestlers ("Raven" and "Kanyon" and others — otherwise known as Scott Levy, Chris Klucsartis and Michael Sanders ), the wrestlers have fired back filing their papers opposing WWE’s motion.  (For full coverage of this lawsuit, click here.)  The papers, filed… Continue Reading

Quick Updates: Reuters Article on More Lawsuits, WWE and Wrestlers Lawsuit, Performance Reviews, National Bank Act, Veteran’s Day

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

Here’s a quick update on some items and topics that have been covered by the blog over the past year: Earlier this week, I raised the issue of whether the rising unemployment rate would also lead to more employment lawsuits. Reuters yesterday released a very good and balanced article on the subject. I shared my… Continue Reading