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

Tag Archives: usdol

Settling FLSA Wage & Hour Claims? Court Approval May Be Needed

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

Yesterday, I had the opportunity to talk at the Connecticut Legal Conference about employment law issues. My talk focused on free speech rights in the workplace — a topic I’ve covered well in some prior posts here and here, for example. One of the other topics of our discussion was the Cheeks v. Freeport Pancake… Continue Reading

Volunteers: Can They Really Help Fix Your Issues With New Overtime Rules?

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

Over the weekend, I finished planning for our webinar tomorrow on the new overtime rules.  In digging deeper into the materials produced by the Department of Labor on the final rule, I looked at the use of volunteers as a solution — particularly for non-profit organizations. For the “for-profit” world, this is probably not a realistic option…. Continue Reading

Free Webinar: Important CT Employer Update on New Federal Overtime Rule

Posted in Highlight

With the new federal overtime rules going into effect later this year, I thought it would be useful to talk about in a free webinar. And apparently, many of you think it would be useful too because in the 48 hours that we’ve opened up the signups to our webinar, we already have a record-breaking… Continue Reading

Final Overtime Rule Released; Challenges Ahead for Connecticut Employers

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

If you like to open your presents on Christmas Eve, the U.S. Department of Labor is for you. Last night, the DOL posted the final revised rule on overtime on its website ahead of its planned announcement this afternoon. What a gift for employment lawyers!  Needless to say, I was up late unwrapping all my “gifts.”… Continue Reading

Three Things to Look For In Final Overtime Regulations

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

Late Monday, several reports on Twitter indicated that the Department of Labor would be announcing and releasing the final version of the revisions to the white-collar overtime regulations.  You can see my prior posts on the subject here and here. This has been a long time coming. It was way back in 2014 (!) that… Continue Reading

Keep Calm & Carry On: New Federal White-Collar Overtime Rules Still Not Released

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

Over the last few days, Twitter has been a-twittering with buzz that the Department of Labor has sent the final overtime rules to the OMB. This is the equivalent of one department sending another one an e-mail with the new rules. Why? Because it’s just the next step in getting the rules approved.  But nothing… Continue Reading

Did You Hear the One About the “Joint Employer”?

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

It’s hard getting excited about joint employment. In fact, it’s pretty yawn-inducing.  (Seriously, get a cup of coffee before reading this.) But a few weeks back, the Department of Labor issued some new guidance on the topic that has been making the rounds of the employment law blogs. Now, you might be asking — what… Continue Reading

USDOL Final Revisions to White Collar Exemptions Coming in 2016

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

Over the next few days, I hope to provide a few updates from attending last week’s ABA Labor & Employment Law Annual Conference in Philadelphia.  There were many good, substantive programs there and lots to be gleaned for employers. One of the sessions focused on the proposed revisions to the white collar overtime exemptions that… 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

DOL’s Internship Test Rejected by Second Circuit Creating Conflict with New Connecticut Law

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

Did you enjoy the fireworks last week? I’m not talking about the real Independence Day fireworks; rather, it’s a new Second Circuit decision that should have employment lawyers popping this morning. For a while, we’ve been talking about interns.  Indeed, back in 2013, I talked about how a wage/hour case involving interns on the movie… Continue Reading

Details of New Overtime Regulations Released Monday Night

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

On Monday night, details of the revised white-collar overtime regulations were released. But we’ll know more once the actual details get posted on the Department of Labor website on Tuesday. (Bloomberg was the first to report it Monday evening.) (Update 6/30/15: The proposed regulations are now available online from the U.S. Department of Labor here.)… Continue Reading

Government Gets Cold Shoulder to “Hot Goods” Provision Usage

Posted in Wage & Hour

Walter Olson, who has been blogging at Overlawyered longer than just about anyone, has a very notable story about the Obama administration’s efforts to expand wage & hour law and intensify its enforcement. In so doing, the U.S. Department of Labor has invoked a little known provision under the Fair Labor Standards Act called a “hot goods”… Continue Reading

Labor Union Membership Up Big Locally and Down Nationally, Recent Statistics Show

Posted in Labor Law & NLRB

The U.S. Department of Labor has released their annual statistics on labor union membership.  Nationwide, union membership is down slightly by .2 percent. In total, about 11 percent of the workforce belongs to a union.  Compared to 2008, when I reported on these statistics, the number is down by a full percentage point. The numbers… Continue Reading

Summer Fun: Hot Dogs or Wage & Hour Issues for Unpaid Interns?

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

While the temperatures this morning didn’t feel much like summer, the season is upon us. And be honest — when you think of summer do you think a) hot dogs or b) wage & hour issues for interns? If you answered b), you probably need some help.  Which is why my colleague Jarad Lucan has drafted this timely… Continue Reading

Quick Hits: Starbucks Tip Policy, E-Cigarettes, Sniffing Employees, Female Bosses, USDOL, Thanksgivukkah

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

With Hanukkah tonight, and Thanksgiving tomorrow, (or “Thanksgivukkah” as some have called it humorously),  here are a few morsels of employment law information to get you started. Last week, the Second Circuit upheld Starbucks’ Tip Policy.  While the Second Circuit does cover Connecticut, the issue it had to decide was based on New York Labor Law. … Continue Reading

Locked Out: What the Shutdown Means for Connecticut Employers

Posted in CHRO & EEOC, Labor Law & NLRB, Laws and Regulations, Legislative Developments

And I’ve been locked out And I know we’re through But I can’t begin to face up to the truth….. — Crowded House, “Locked Out” (1993) So, here we are.  The (partial) government shutdown began early this morning. And suddenly, we’re locked out of national parks and many government services. But how does this impact… 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

For Same-Sex Couples: If You’re Married in CT, You Have a ‘Spouse’ Under FMLA

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

Back in June, after the Supreme Court’s ruling on same-sex marriage, I made a fairly easy prediction: The federal FMLA is also anticipated to undergo some pretty big changes in states that approve same-sex marriages. Already in 2010, the FMLA regulations suggested that married same-sex couples could take time off to care for a newborn… 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

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

Why Don’t You Get Paid For Time Spent Traveling From Home To Office?

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

From time to time, there are various questions that keep recurring in the labor & employment law area.  One of them is in the area of travel time for non-exempt employees. (For exempt employees, they get paid a fixed salary no matter how much time they work or travel.) The easiest question to answer is… Continue Reading

Interns: Assign Real Work or Menial Tasks? Neither, says The New York Times

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

Back in 2010, at the same time the U.S. Department of Labor was making a big publicity push on its interpretation of rules regarding unpaid interns, the New York Times ran piece noting how employers were skirting the law when it came to internships: The Labor Department says it is cracking down on firms that… Continue Reading

Don’t Let Your Babies Grow Up To Be Interns

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

The word “Interns” has turned into a dirty word for employment lawyers lately. But before you panic, it’s time to separate fact from fiction. Now, it IS true that a few years back, the United States Department of Labor signaled employers that it would start cutting down on the practice that some employers used of… Continue Reading

BREAKING: DOL Proposes New FMLA Rules Impacting Military Leave

Posted in Laws and Regulations, Wage & Hour

The Department of Labor today proposed new regulations of the FMLA that would explain further the military family leave provisions and incorporate some special provisions for airline flight crews.  The new proposed regulations are in response to the National Defense Authorization Act for Fiscal Year 2012 which amended the FMLA to extend the military caregiver… Continue Reading