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

Tag Archives: wage

After Hours iPhone and Android Use By Employees Raises Wage/Hour Concerns (Again!)

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

So, you remember February 2009, right? We were all aflutter over Liam Neeson in Taken (ok, I still haven’t seen it).  And we were listening to “My Life Would Suck Without You” by Kelly Clarkson (still a good song.) And I had a Blackberry Bold and loved it. (I know; even lawyers can plead temporary… Continue Reading

Legislative Update: Mandatory Double Damages for OT Violations Bill Passes; Other Bills Await Votes

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

We’re nearly at the end of the legislative session and the bills are coming fast and furious. Late Friday, the General Assembly passed a bill (Senate Bill 914) that mandates (rather than allows) double damages to be granted in instances where an employer failed to pay an employee the proper minimum wage or overtime pay…. Continue Reading

“Pay Secrecy” Bill Goes Above and Beyond Other Proposals

Posted in Class Actions, Discrimination & Harassment, Highlight, Human Resources (HR) Compliance, Legislative Developments, Wage & Hour

As I said before, the notion that this might be a quiet year for employment law legislation at the Connecticut General Assembly has long since left the train station. Indeed, we’ve appear to be swinging completely in the opposite direction. Anything and everything appears up discussion and possible passage this year — including items that really stood… 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

CBIA Says New Bill Could Be “Double Trouble” for Businesses

Posted in Class Actions, Discrimination & Harassment, Legislative Developments, Wage & Hour

Well, so much for a slow legislative session. New proposals keep popping up with changes big and small for employers. The latest was reported on by the CBIA in a post entitled “Double Trouble for Businesses?” and talks about Senate Bill 106, which you can download here. The bill purports to protect immigrants, but as… Continue Reading

Since You Asked: A Modest Wage & Hour Law Proposal

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

Yesterday on Twitter, a Connecticut legislator posted this: “There oughta be a law…!” Hey Connecticut, legislators have 5 days to submit ideas for bills. What new laws should the #CTLeg consider? — Matt Lesser (@MattLesser) January 12, 2015 State Representative Matt Lesser, be careful what you ask for. But since you asked, here’s a modest… Continue Reading

Opt In or Opt Out or Both? Collective and Class Actions in Wage & Hour Cases

Posted in Class Actions, Highlight, Litigation, Wage & Hour

A limo driver believes that he should be paid overtime.  He brings a lawsuit on both state and federal wage & hour laws.  But he believes that other similarly situated drivers should also be part of his lawsuit. How does that happen? Well, he asks the court to represent all the other drivers as well…. Continue Reading

Julia Roberts Would Not Be Impressed: Mystic Pizza Cited for Wage/Hour Violations

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

Oh, Mystic Pizza! In Connecticut, we all know that Mystic Pizza isn’t the best pizza in the state.  (I’m not even going to get into the argument about Pepe’s, Sally’s, or Modern in New Haven.)  One of my favorites is actually Harry’s Bishops Corner. But Mystic Pizza still has a place in many of our hearts… Continue Reading

Wage Claim Is Not a Unfair Trade Practices Claim Too, Rules Court

Posted in Highlight, Litigation, Wage & Hour

Management-side lawyers like myself like to joke that a former employee can sometimes sue any employer for any reason at any time. It’s not true, of course, but at times it feels like there is no limit to the creativity of lawyers filing claims against employers. One such tactic was recently rejected by the federal… Continue Reading

“Wage Theft”: The Trendy Phrase That May Not Mean What You Think It Means

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

Over the last few weeks, I’ve been seeing more tweets from human resources types and mainstream reporters using the phrase “wage theft”.  Two recent examples? William Tincup (who runs the popular online DriveThruHR show that I appeared on a while ago) recently tweeted: RT Wage Theft Another Assault on Workers’ Compensation http://t.co/iXmbHnASUL @jongelman — William Tincup,… Continue Reading

Service Contract Act: Do Your Wages Comply With the Law?

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

You would figure after six-plus years of doing this blog, I would’ve covered all the laws applicable to employers. But, perhaps in a testament to how many laws there are, there are still a few out there. One of them is the Service Contract Act, (Conn. Gen. Stat. 31-57f, for the attorneys out there.) The Hartford Business… Continue Reading

Second Circuit Leaves Some FLSA Issues Up For Grabs

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

A reminder: Employees are entitled to overtime for work over 40 hours a week, unless an exemption applies. For so-called white collar workers, there are three main exemptions: administrative, professional and executive.  Each of these categories looks at whether the employee had certain covered “duties” (known as the “duties” test) and a minimum guaranteed weekly… Continue Reading

You Might Have To Pay More Than Minimum Wage To Your Employees

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

So, your employees are all paid at least minimum wage and overtime. You’re good, right? Not necessarily, as a recent column in the Connecticut Law Tribune points out.  You might need to pay a “prevailing” wage — if you have a contract with the State of Connecticut. Indeed, as many companies who do business with… Continue Reading

Claiming Overtime Pay? Some Specifics Are Required Says Second Circuit

Posted in Class Actions, Litigation, Wage & Hour

As I continue this week to recap some important FLSA decisions this summer by the Second Circuit, the next one will be important in the long run for employers. Wage and hour claims have been a thorn in employers side for a while now.  (My friend, Molly DiBianca of the always fabulous, Delaware Employment Law… Continue Reading

CEOs Beware: You’re Now in the Crosshairs of a Wage and Hour Complaint Under FLSA

Posted in Class Actions, Highlight, Litigation, Wage & Hour

As we wrap up summer and start returning from vacations, there are several important Second Circuit FLSA decisions decided over the last few weeks that employers need to be aware of.  I’ll cover them in posts over the next few days. Earlier this summer, the Second Circuit (which is the appeals court for the federal… Continue Reading

Sixteen Types of Wage & Hour Records Employers Need to Keep

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

In helping employers on wage and hour issues, I’m struck sometimes by the occasional failure to maintain proper records on their employees. For employers, payroll companies now offer to help an employer with such records and can often provide some of the information once the employer shares it with them. The Connecticut Department of Labor… Continue Reading

Should You Care That Supreme Court Will Rule on Offers Of Judgment in Wage Cases?

Posted in Class Actions, Litigation, Wage & Hour

I’m going to let you in on a little secret. Not all employment law cases decided by the U.S. Supreme Court matter are of equal significance and importance to employers. What? How can that be, you say? It’s the SUPREME COURT!  Isn’t everything that they say important? Well, sort of. The truth is that sometimes… Continue Reading

Hybrid Wage-and-Hour Class Actions Blessed by Second Circuit

Posted in Class Actions, Litigation, Wage & Hour

Ok, bear with me for a second. If your employees want to bring a class action against your company claiming that they should’ve been paid overtime, there are typically two ways to do so: Bring a claim under state law, or bring a claim under federal law (Fair Labor Standards Act). There’s a big difference:… Continue Reading

Federal Arbitration Act Preempts Connecticut Sales Representative Commission Statute

Posted in Wage & Hour

My colleague, Joshua Hawks-Ladds, has this post regarding an important new case that further explains the breadth of the preemption effect of the Federal Arbitration Act, a case he handled on behalf of our client, Ulti-Mate Connector, Inc.  Last week was a watershed moment for arbitration preemption cases, both at the federal and state level…. Continue Reading

When a Storm Hits, What’s an Employer to Do In Connecticut?

Posted in Laws and Regulations

UPDATED 6/25/10 This afternoon, Bridgeport Connecticut either had a pretty bad microburst, or a tornado.  The National Weather Service has yet to make that determination, though having been right in the middle of it, it sure SEEMED like a tornado, with "whiteout" conditions.  (UPDATE: The National Weather Service has confirmed a tornado touched down in Main… Continue Reading

Retention Agreements: How the National Spotlight Now Shines on Connecticut’s Wage and Hour Laws

Posted in Wage & Hour

UPDATED Various blogs have started to link to this one today after AIG released a white paper to support its assertion that it was required to make payments to various executives and employees over the last week. It turns out that the retention plan at issue is to be construed under Connecticut’s wage and hour laws.  As bloggers and commentators will quickly realize,… Continue Reading

BREAKING: Conn. Supreme Court Rules That Bonuses Based on Subjective Factors Are Not Wages

Posted in Wage & Hour

Remember a Connecticut appellate decision a few weeks ago that suggested that a bonus allegedly promised to an associate could be "wages" under Connecticut’s wage statutes? Indeed, a fellow Connecticut blogger suggested that 2008 was shaping to be a banner year for employees. Well, not so fast. A new Connecticut Supreme Court decision today (and… Continue Reading

Did You Know? Connecticut Wage Claims Have 2-Year Time Limit

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

One occasional feature of this blog is a short post on a law or regulation that is commonly overlooked. Today’s installment revolves around wage and hour claims in Connecticut.  Suppose that an employee claims that he is entitled to unpaid overtime wages for years because he has been misclassified as an exempt worker.  How far… Continue Reading