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

Tag Archives: misclassification

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

Independent Contractor Ruling: A Deeper Dive

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

As I return from some time off, my colleagues, Gary Starr and Chris Engler, have dug a bit deeper into the Connecticut Supreme Court decision from last week and issued this alert which we have also sent to clients.  A deeply divided Connecticut Supreme Court recently issued a long-awaited decision, Standard Oil v. Administrator, regarding… 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

Independent Contractors: Can You Still Use Them?

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

A while back, I got this question: Can we still use independent contractors for our business? This answer is certainly yes. But you wouldn’t know it from all the headlines of late. And you wouldn’t think so by the attacks on the use of independent contractors by government agencies.  Take this quote from the U.S…. Continue Reading

BREAKING: Connecticut Department of Labor Commissioner to Retire At End of Year

Posted in Labor Law & NLRB, Legislative Developments, Wage & Hour

Sharon Palmer, the Commissioner of the Connecticut Department of Labor, will retire at the end of this year, news that was first reported by the CT Mirror website. According to CT Mirror: In an interview, she described her decision to retire as driven by age and circumstance, not politics or a consequence of overseeing the… 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

Dog Days (of Winter) are Over: Audits for Worker Misclassification On Increase

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

Consistent readers of the blog will no doubt know of my weaving in pop culture into blog posts. So it was with some good fortune that as I began to write this post, the song “Dog Days are Over” popped up on my iPhone speakers in typical Shuffle-mode fashion.  Seems only appropriate as I pass along… 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

Webinar Series is Back: Classification and Compensation Issues for Employers

Posted in Human Resources (HR) Compliance

After a brief hiatus, our free monthly webinar series is back.  On November 3, 2010 (from 12-1 p.m. EDT), my colleagues Jonathan Orleans and Tiffany Kouri will address two hot topics in employment law: State and federal authorities are focusing attention on the distinction between employees and independent contractors. Misclassification can expose employers to liability… 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

Webinar: Why FLSA Exemptions & Classifications Are Under Attack & How to Respond

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

Our 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

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

A Dollar Here, 35 Million Dollars There…: Classifcation of Employees Remains Timely Issue

Posted in Wage & Hour

While 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 Reality of Federal Court Statistics On Wage/Hour Claims and the Perception

Posted in Litigation

In this week’s Connecticut Law Tribune, there’s a story about how the U.S. Department of Labor is hiring 250 more investigators and what this potentially means for wage/hour suits in Connecticut. The gist of the story is that employers should not surprised if there’s an increased focus on such claims. I happen to be quoted… 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

New Year, New Laws: What New Connecticut Laws Should Employers Be Aware Of

Posted in Laws and Regulations

January 1st brings lots of things – resolutions, fresh starts, and, inevitably, the occasional letter with a 2008 year written in, instead of 2009. But traditionally, it also marks the effective date for a few more Connecticut laws.  (October 1st is also a big date for many new laws). So what does January 1st bring… Continue Reading