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: overtime
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
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
Weather Issues? Remember Call-in Pay for Employees, Whether or Not They Are Actually Called
Posted in Wage & HourWith the snow today, my colleague Michael Lavelle has this timely post about call in pay, particularly as it relates to weather-related jobs. My thanks to Mick for this contribution, as always. The winter season brings more weather-related emergencies, and often requires maintenance employees or replacement staff to be on-call with beepers or cell… Continue Reading
What Can Google Books Data Search Tell Us About Employment Law Trends?
Posted in Human Resources (HR) ComplianceAmong the things we take for granted now is that information about anything and everything has always been available. (Indeed, if you want to really take a trip back in history, read this article about Time’s pick of the Personal Computer for its Man of the Year award in 1982.) Google has been at 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
Quick Hits: USERRA Releases, DeepNet, World Cup, Telecommuting, Facebook Messages, Overtime on Commssions, Interns
Posted in Human Resources (HR) Compliance, Laws and Regulations, Litigation, Wage & HourWith all the news about recent Supreme Court decisions, here are a few articles that you might of missed over the last few weeks: The Ohio Employer’s Law Blog reports on an interesting 6th Circuit decision that allows a USERRA claim (the statute that guarantees job restoration after military service) to be released in a separation… 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
The “Auto Dealership Addendum” – An Unpublished Guide by Connecticut DOL About Commissioned Employees
Posted in Human Resources (HR) Compliance, Laws and Regulations, Wage & HourWith the internet, we’ve grown accustomed to everything being on online. But every once in a while there are still a few nuggets of useful information that are only available in print format. Once such document is a 30-page document entitled "Auto Dealership Addendum" published by the Wage & Workplace Standards Division of the Connecticut… Continue Reading
Misclassification Initiatives: How Can Employers Be Prepared; Next Webinar Set
Posted in Laws and Regulations, Wage & HourIt 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
Quick Hits for a Holiday: Labor Unions, EEOC Agenda, Intermittent FMLA Leave, Overtime
Posted in CHRO & EEOC, Discrimination & Harassment, Laws and Regulations, Litigation, Wage & HourBusy end to the week so here’s a quick recap of some of the stories I’ve been hoping to write further about but have run out of time. There’s also a link or two to other stories of interest in Connecticut. For those dealing with labor unions, the DC Employment Law Update notes that a new… Continue Reading
Second Circuit Orders Release of Records to EEOC, Says Some Financial Services Workers May be Entitled to Overtime
Posted in CHRO & EEOC, Class Actions, Human Resources (HR) Compliance, Litigation, Wage & HourThe Second Circuit Court of Appeals (which includes Connecticut) recently ruled on two cases of keen interest to employers. The first relates to enforcement of EEOC subpoenas and the second relates to the classification of some financial services workers. First, in EEOC v. United Parcel Services, the Court allowed the EEOC to press forward with its… Continue Reading
The Basics: The “Agriculture” Exception For Wage/Hour Rules That’s Broader Than You Might Think
Posted in Human Resources (HR) Compliance, Laws and Regulations, Wage & HourConnecticut 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 miss out on their Corn Maze and apple orchards for the next several weeks. I visited it recently and highly recommend stopping by.) For many of these farms, the… Continue Reading
Senses Working Overtime — Daily Overtime versus Weekly Overtime in Connecticut
Posted in Human Resources (HR) Compliance, Wage & HourThere are a lot of sleepy Connecticut basketball fans this morning, with the game against Syracuse last night (and this morning) going into SIX overtimes. Those of us staying up until nearly 1:30 a.m. to watch the second-longest game in NCAA basketball history will remember that game for a long time. With overtime on my mind, it’s… Continue Reading
The Blackberry Issue: How PDAs Can Create Serious Wage and Overtime Issues
Posted in Human Resources (HR) Compliance, Wage & HourI love my Blackberry Bold. And I know many others that praise the virtues of an iPhone or other PDA device. But recently, questions have been raised about the use of these devices by non-exempt employees — in other words, those employees who are eligible to receive overtime. If these employees are reviewing their messages outside of… Continue Reading
Connecticut Supreme Court Clarifies Fluctuating Workweek Method Of Calculating Overtime (Or At Least Attempts To)
Posted in Laws and Regulations, Litigation, Wage & HourHave you ever wondered about the fluctuating workweek method for calculating the regular hourly rate or the overtime premium rate for employees who are paid a weekly salary? Most have probably not. But if you are one of the few employers who do use it, have we got a Connecticut Supreme Court case for you. In… Continue Reading
New Connecticut Labor Stats Show Safe Workplaces…And Companies That Still Don’t Observe Wage Payment Laws
Posted in Human Resources (HR) Compliance, Laws and Regulations, Wage & HourTwo new sets of statistics released this month by the Connecticut Department of Labor shed some light into the workplaces in Connecticut. First and foremost, the number of deaths in the workplace last year remained the same as in 2006 — 38. While any death is tragic, the rate is far below the national average. … Continue Reading
Court: Overtime Pay Must Be Paid to Employees Who Work Overtime, Even When Employer Prohibits Such Work and Does Not Desire It
Posted in Litigation, Wage & HourThe Second Circuit released an important decision today that sets forth some new groundrules for employers and particularly placement agencies to be aware of in paying employees overtime. In doing so, the court has distinguished the long-standing Supreme Court case of Tennessee Coal Co. v. Muscoda Local No. 123 (321 U.S. 590) (1944) and, according to the Court’s… Continue Reading
Wage and Hour Lawsuits – Legal Services Groups Filing Overtime Claims
Posted in Litigation, Wage & HourThe latest news trend has been to report that wage & hour claims are the new "in" lawsuit filed by employment attorneys. However, the cost of bringing such a lawsuit may still be onerous for some employees. That’s where the state’s legal services organizations routinely fill the gap by offering their services free to people in… Continue Reading
Wage & Hour Class Action Certified Against Smith & Hawken
Posted in Class Actions, LitigationU.S. District Court Judge Vanessa Bryant is having a busy week. Today, she released a decision certifying a FLSA class action against Smith & Hawken based on an alleged failure to pay overtime. In Holbrook v. Smith & Hawken, Ltd., the Plaintiff, a former assistant store manager (ASM) in the Glastonbury, Connecticut store, claimed that… Continue Reading
“Wage Wars” – Business Week’s Analysis of Overtime Lawsuits
Posted in Class Actions, Human Resources (HR) Compliance, Wage & HourFor employment lawyers and HR professionals, it’s "old" news that overtime lawsuits are a major concern. Business Week picks up on that trend in next week’s Cover Story entitled: "Wage Wars: Does your Boss Owe You Overtime". According to the article: No one tracks precise figures, but lawyers on both sides estimate that over the… 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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