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

Tag Archives: usdol

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 & NRLB, 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

What to Expect When You’re Expecting the Department of Labor

Posted in Highlight, Wage & Hour

As 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

BREAKING: USDOL Releases Proposed Changes to Companionship and Live-In Worker Regulations Under FLSA

Posted in Laws and Regulations, Wage & Hour

As expected, the United States Department of Labor today released its proposed changes to the companionship and live-in worker regulations under the Fair Labor Standards Act.  What was unknown was how significant the proposed changes would be. The short answer: Pretty significant.  The regulations substantially limit the companionship exemption under wage & hour laws to… Continue Reading

Quick Hits: Hartford’s Refusal to Use Credit Scores; Use of Criminal Records; DOL’s New iPhone App; Paid Sick Leave

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

UPDATED 5.16.11 We’re just one week away from our seminar on employment law. It’s essentially sold out but we’re still taking names for a waiting list. Those signing up will get first priority when we re-run this program in the fall.  We’re also less than two weeks away from the re-launch of the Connecticut Employment… Continue Reading

More New Employment Law Regulations: Fluctuating Work Week & Tip Credit Under FLSA

Posted in Wage & Hour

Last 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

US Department of Labor Teams with ABA For Lawyer Referral Service

Posted in Wage & Hour

On Friday, the White House announced a new partnership with the ABA designed to help workers whose complaints aren’t resolved by the U.S. Department of Labor find a lawyer through an ABA-approved lawyer referral service.   According to the ABA Journal article explaining the program:  [B]eginning on Dec. 13, workers with unresolved complaints under the… Continue Reading

US Department of Labor Clarifies Definition of “Son or Daughter” Under FMLA, Affording Rights to Gay Parents

Posted in Laws and Regulations

The United States Department of Labor late today issued a new interpretation of what a "son or daughter" is under the federal Family and Medical Leave Act (FMLA) to make it clear that an "employee who assumes the role of caring for a child receives parental rights to family leave regardless of the legal or… 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 & Hour

With 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

DOL Redefines “Clothes” Under Federal Wage & Hour Laws; Now Excludes Protective Equipment Required by Law

Posted in Wage & Hour

The United States Department of Labor today released a new "Administrator’s Interpretation" concerning the donning and doffing (or, in plain English, typically putting on and taking off) of clothing at the beginning and end of each workday.  You can download the notice here.  Under the FLSA, “changing clothes or washing at the beginning or end… Continue Reading

Podcast on Internships: What Employers Need to Know

Posted in Wage & Hour

With 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

Revenge of the Interns! Department of Labor Continues Emphasis on Unpaid Internships

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

As 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

Quick Hits: Paycheck Fairness Act, CHRO, Employee Misclassification, Amara v. CIGNA followup

Posted in CHRO & EEOC, Discrimination & Harassment, Human Resources (HR) Compliance, Legislative Developments, Wage & Hour

It’s a big holiday today. So, let me be the first to say: Happy Evacuation Day — at least to my fellow blogger at Compliance Building.  To everyone else, a Happy St. Patrick’s Day.  Its been some time since my last look around the employment law universe, so here’s some quick hits of what else… Continue Reading

New Model COBRA Notices Are Finally Released by United States Department of Labor

Posted in Laws and Regulations

Several weeks after the passage of an extension of the COBRA subsidy provisions, the United States Department of Labor has finally released its model notices for employers to use.   All of them are available here.  There are three such forms, a General Notice form, a Premium Assistance Extension Notice, and an Updated Alternative Notice. … Continue Reading