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

Tag Archives: wages

Employer Can Refuse to Pay Commissions After Termination — Under Certain Conditions

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

Thanks to all who came to our Labor & Employment seminar on Thursday. Our biggest crowd yet. In it, we talked about the importance of offer letters.  Marc Herman returns today with a post updating us on a recent Connecticut Supreme Court decision that came out while I was on vacation a while back that… Continue Reading

Legislative Update: Bi-weekly Payroll Periods (Without CTDOL Approval) are Here!

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

It’s been a long-time coming but the General Assembly finally approved of a measure that would allow employers to pay employees on a bi-weekly basis without receiving prior CTDOL approval. The provision, part of a set of “technical” revisions to various Department of Labor matters, is long overdue. Several employers had moved to a bi-weekly… Continue Reading

Legislative Update: Payroll Cards Finally Approved in Connecticut

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

Payroll cards are finally here. The General Assembly finished their regular session last night with several employment law bills getting passed, including some that have been kicking around for years. One of them is Senate Bill 211, which authorizes employers to use payroll cards — instead of checks or direct deposit — to pay their employees…. 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

BLIZZARD! Wage and Hour Reminders for Employers on Winter Storm

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

Well, it’s official.  Connecticut is under a Blizzard Warning as of Sunday afternoon. This is, of course, nothing new for employers in the state. We’ve had more than our fair share of big “monster” storms. If you’ve been following this blog for some time, you’ll have read more than your share of blog posts about… Continue Reading

Telling Employee He Is “Eligible” For Bonus Not Enough to Create Contractual Obligation

Posted in Highlight, Litigation

Back from a long holiday weekend, my colleague Chris Parkin this morning takes a look at a new Connecticut Appellate Court case about employee compensation.   A new case that will be officially released tomorrow reminds employers to take care with their words and promises when it comes to employee compensation. The facts of the case… 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 @jongelman — William Tincup,… Continue Reading

Hurricane Sandy: Have Employers Learned the Lessons From Last Year’s Storms?

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

We interrupt our normally scheduled post on a recent Second Circuit case…. Monday is an anniversary that many of us in Connecticut will long remember — the anniversary of the big October snowstorm (or “Alfred” as Channel 3 called it).   Combine that storm with Irene earlier in 2011, and we’ve seen more than our share… Continue Reading

Federal Court Rejects CTDOL’s Claim that “Bonus” Constitutes Wages

Posted in Litigation, Wage & Hour

A federal court judge this week rejected claims by the Connecticut Department of Labor that a company’s failure to pay a performance based bonus constituted a failure to pay wages.  In doing so, the Court appears to be in line with recent Connecticut Supreme Court precedents rejecting such claims as well. In State of Connecticut… Continue Reading

Employer Deductions Allowed in Connecticut, With Conditions

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

In a post last week, I pointed out that New York amended its laws to allow for some deductions by employers from an employee wages.  I joked that Connecticut could do the same as some of Connecticut’s rules are a bit dated themselves.   A nice note from a Connecticut Department of Labor official suggested that I… Continue Reading

Hurricane Irene: Do You Need to Pay Your Employees If You’re Closed?

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

Updated: August 28, 2011 – As of mid-morning, more than 40 percent of the state is without power, making this storm the highest power outage in state history.  Widespread office closures are expected for Monday and early this week. It’s the (relatively) calm before the storm on Saturday night.  Hurricane Irene is definitely coming. But… Continue Reading

Hurricane Irene: “Reporting Time” Pay and Other Wage & Hour Issues for Employers

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

So, by now (Friday morning), your preparations at your workplace should be in full swing.  The latest forecasts this morning call for a landfall on Sunday somewhere along the Connecticut coast (perhaps Bridgeport) with hurricane impacts felt throughout the state. Connecticut has set up some new resources since my post yesterday specifically on Hurricane Irene. … Continue Reading

CTDOL Sues Employer Claiming “Forfeiture” Provision in Bonus Plan is Invalid

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

Suppose your company has an incentive bonus plan that bases a bonus on the specific work done during a calendar year.  Bonus payments are made 90 days after the end of the calendar year on an “Award payment date.” But your bonus plan has an important provision.  That provision states that “Participants must be employed… 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

Second Circuit Revisits Standards for “Working” Time vs. Off-the-Clock in Reviving Wage & Hour Class Action

Posted in Class Actions, Litigation, Wage & Hour

When 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

Breaking: Connecticut Supreme Court Finds A Bonus Can Constitute “Wages”, in the Right Case

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

Back in June, the Connecticut Supreme Court issued its decision in Ziotas v. The Reardon Law Firm — a significant ruling because it found that where a bonus is discretionary and is not ascertainable by applying a formula, it did not constitute "wages".  I talked about the case in a lengthy post and noted that… Continue Reading

Law Tribune Provides Background on Bonus Case and Cites To Blog

Posted in Litigation, Wage & Hour

Earlier this month, I talked about how a new case from the Connecticut Supreme Court could have an impact on bonus plans for employers. The Connecticut Law Tribune this week  (subscription required) echoes many of my sentiments. The Tribune states that some employment lawyers believe it is going to have a "wider impact", while others believe… Continue Reading

Why the Connecticut Supreme Court’s Ruling in ‘Ziotas’ is Significant to Employers

Posted in Wage & Hour

Yesterday, I discussed the Connecticut Supreme Court’s decision in Ziotas v. The Reardon Law Firm, in which the court held that  a bonus does not constitute "wages" when the bonus is discretionary and is not ascertainable by applying a formula.  I’ve also discussed the background of the case in a prior post which I won’t… Continue Reading

BREAKING: Conn. Supreme Court Holds that a Year-End Discretionary Bonus Does Not Constitute “Wages”

Posted in Wage & Hour

In a decision that will be officially released next week, the Connecticut Supreme Court has ruled that a year-end bonus — the amount of which is discretionary — does not constitute "wages" under Connecticut wage & hour laws. The decision, Ziotas v. The Reardon Law Firm (download here), reverses an appellate court decision to the… Continue Reading

The Basics: Offer Letters of Employment in Connecticut

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

Continuing the summer series of "basics" of various employment laws (see prior installments here, here and here), this week the topic is offer letters. Specifically, at the time of hiring an employee, does Connecticut require any documentation be provided to employees? The answer is yes.  Perhaps not in the form of an "offer letter" but… Continue Reading

Changes to Personnel Files Act…And Much Much More (Including Big Expansion of State’s Wage Discrimination Laws)

Posted in Legislative Developments

If you should never judge a book by its cover, you can never judge a legislative bill from its title. After all, you would think that a bill about "Penalties for Violations of Certain Personnel Files Statutes" (H.B. 6185) would actually be a bill about those violations. While that may have been in the original… Continue Reading

Connecticut’s Wage Laws — What Do They Really Say About Bonuses, Wages and Double Damages?

Posted in Laws and Regulations, Wage & Hour

UPDATED Over the last 24 hours, it seems that every politician is decrying the use of Connecticut wage and hour laws as apparent support for AIG’s payout of various retention payments. Connecticut Attorney General Richard Blumenthal’s comments are among the most pointed, according to Capitol Watch: "I have significant doubts about the validity of AIG’s… 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

Can Bonuses Be “Wages” Under Connecticut State Law? Sometimes, Says Appellate Court

Posted in Litigation, Wage & Hour

Yesterday, I discussed the employment contract portion of a new Appellate Court case, Ziotas v. The Reardon Law Firm (download here).  Today, I’ll discuss the second part of the court’s decision on whether the associate’s bonus could be said to be "wages". Why is this important? Because under state law (Conn. Gen. Stat. 31-72), failure… Continue Reading