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

Tag Archives: waiver

Major Modifications to Immigration Programs May Cause Major Headaches

Posted in Highlight, Laws and Regulations

Today, I’m delighted to bring you what I hope will be the first of several updates for employers from the immigration law perspective.  One of my newest colleagues, Ashley Mendoza, along with my law partner Brenda Eckert, have been tracking some of the newest rules for employers coming out of the Department of Homeland Security. … 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

Three Things Employers Can Do Right Now to Ensure Employment Law Compliance

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

While the temperature hasn’t felt like summer in Connecticut the last few days, judging by the traffic this morning, there are lots of you on vacation this week. If you’re one of the (un)lucky ones working this week, perhaps you have a few extra minutes to tackle some projects that have been on the back burner. In… Continue Reading

Law Tribune’s Editorial on “Downright Coercive” Employment Arbitration Clauses Is Off-Base

Posted in Class Actions, Highlight, Human Resources (HR) Compliance, Litigation

It’s hard to read the Connecticut Law Tribune’s Editorial this week on “The Problem of Workplace Arbitration Clauses” with a straight face. It is dripping with sarcasm, filled with sweeping generalities, and reserves its greatest enmity for employers and the lawyers that represent them. If the editorial is to be believed, employers and their lawyers apparently routinely use “deceptive”… Continue Reading

Paying Employees Every Other Week Is a Great Idea. It’s Also Illegal.

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

Sure, the headline is click-bait. Designed to get your attention. But it’s actually true.  Connecticut law requires employers in Connecticut to pay their employees on a weekly basis.  Conn. Gen. Stat. Sec. 31-71b states it in sorta plain English. [E]ach employer … shall pay weekly all moneys due each employee on a regular pay day,… Continue Reading

Has IBM Found a Way Around the OWBPA and Should Others Follow?

Posted in CHRO & EEOC, Discrimination & Harassment, Human Resources (HR) Compliance, Litigation

Last week, a story caught my eye and the attention of some of my colleagues.  As reported first by Bloomberg BNA, IBM has stopped providing the comparison information that is typically required in separation agreements for older workers under the Older Workers Benefit Protection Act. You may be wondering how that is possible.  Robin Shea,… Continue Reading

Background Check Documentation (Printed and Online) Under Renewed Scrutiny

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

If you’re like most employers that do background checks, you probably haven’t thought twice about the documentation you use for it. Perhaps you’ve copied some standard language you’ve found off the Internet (not that there is anything necessarily wrong with that), or maybe you’ve just used a form that has been handed down from one… Continue Reading

Settlement Agreement Provisions To Consider When Settling Discrimination Claims

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

A few days ago, I came across a thoughtful post from Work Matters, a longtime blog run by Michael Maslanka. In it, Mike describes a clause in a settlement agreement to get around an issue that sometimes arises — how do you minimize the threat of an EEOC claim when the EEOC has taken the… Continue Reading

“D.R. Horton” Ruling by NLRB Gets Overturned; Mandatory Arbitration Agreements Are Alive (and Well?)

Posted in Class Actions, Human Resources (HR) Compliance, Labor Law & NLRB, Litigation

In a 2-1 decision, the U.S. Court of Appeals for the Fifth Circuit (which does not include Connecticut) held on Tuesday that the NLRB erred in disallowing an employer’s mandatory arbitration agreement that waived the rights of employees to participate in class actions. The decision in D.R. Horton v. NLRB (download here from Bloomberg Law) has… Continue Reading

Collective/Class Action Waivers & Arbitration Clauses: Why Employers Should Care

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

Continuing my series of posts this week on recent Second Circuit FLSA cases, today I’ll talk about class action waivers and arbitration clauses. If that last clause is just legalese to you, let me try to walk you through it and why employers should care deeply about it. As I’ve covered in prior posts, wage… Continue Reading

The Beginning of the End for Wage & Hour Class Actions Through Arbitration Agreements? Second Circuit Sets Stage

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

Suppose you have your employees’ sign agreements to arbitrate all of  their employment disputes.  (I’ve talked about arbitration agreements in many posts before.) Can you have an arbitration agreement that says that an employee is precluded from bringing a Title VII (race or gender discrimination) class action claim in Court? Employees have argued that because most arbitration agreements… Continue Reading

Five Things To Know About Paid Sick Leave, NLRB and Other New Developments

Posted in Highlight, Laws and Regulations, Legislative Developments, Social Media, Wage & Hour

At yesterday’s labor & employment law seminar, we had both Heidi Lane, a Prinicipal Attorney with the Connecticut Department of Labor, and Jonathan Kreisberg, Regional Director of the NLRB’s Hartford Office, speak to attendees about the latest developments under both Connecticut and federal law. But for those who couldn’t make it, here are five notable things they discussed: 1)… Continue Reading

Court: Statement by Supervisor Regarding “Satisfactory” Progress on Performance Does Not Change At-Will Employment

Posted in Human Resources (HR) Compliance, Litigation

Earlier this week, I highlighted one holding from a new case from the Connecticut Appellate Court that will be released next week. Another portion of the case dealt with interaction between the employee and the supervisor. In the case, the plaintiff alleged that she had been told by her supervisor that, after she had been… Continue Reading

Quick Hits: FLSA & Arbitration Agreements, Initial Discovery Protocols, Dating Policies, EEOC Charges, Ledbetter

Posted in CHRO & EEOC, Class Actions, Discrimination & Harassment, Litigation, Wage & Hour

There are lots of items I had hoped to write about but, as many of you have observed, there’s only so much time in the week.  So, it’s time to bring back the recurring “Quick Hits” feature to highlight some tidbits worthy of your consideration: Are arbitration agreements that waive FLSA collective actions enforceable? No,… Continue Reading

Weekly Payment of Wages and Seeking A Waiver

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

In my continuing series of posts this summer on recurring issues in employment law, this week I’ll address the payment of wages and the question: Can I pay my employees on a bi-weekly basis? The answer to that question is “no” — at least not without a waiver from the Connecticut Department of Labor. Connecticut… Continue Reading

The Quickly Shifting Landscape of Class Actions and Arbtirations

Posted in Class Actions, Litigation, Wage & Hour

Now that the dust has settled a bit, it’s time to look at the long-term impact of last month’s Supreme Court decision in AT&T v. Concepcion for employment matters.  (For a great analysis of the decision itself, see this SCOTUSblog post.)  All the analysis that has been coming out seems to suggest that there are two main… Continue Reading

Personnel Policies Up to Date? NLRB May Take Issue; CBA Seminar Recap Part II

Posted in Human Resources (HR) Compliance, Labor Law & NLRB

Yesterday, I started my recap of the Connecticut Bar Association seminar on social media & employment law that I had the opportunity to speak at.  In today’s post, I’m going to focus on another portion of what NLRB Regional Director Jonathan Kreisberg said at the seminar — something that may impact employers that have unions… Continue Reading

Are Some Employment Law Class Actions in Jeopardy? New Supreme Court Case Suggests Path

Posted in Class Actions, Discrimination & Harassment, Litigation, Wage & Hour

The U.S. Supreme Court, in a 5-4 decision,  yesterday held that the Federal Arbitration Act preempts state laws that discuss or limit arbitration agreements on the availability of class action arbitration procedures.  The case, AT&T Mobility v. Concepcion (download here) isn’t an employment law case (it concerns whether AT&T should have charged consumers sales tax on… Continue Reading

The Basics: Weekly Payment of Wages

Posted in Wage & Hour

Finishing up the summer series of some of the basics of Connecticut employment law, I turn back to a wage & hour topic that comes up much more than you might think. Connecticut’s wage payment laws (including Conn. Gen. Stat. 31-71b) are quite clear: Employees must be paid wages on a weekly basis.  In addition, the… Continue Reading

Regulations from “Back in the Day” Still Around for Employers to Worry About

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

As I catch up from being at the ABA Annual Meeting, my colleague, Mick Lavelle, prepared this terrific little post about some long-standing labor statutes that employers should not ignore. The Connecticut Department of Labor enforces statutes which were first enacted in the days when payroll records were paper documents, to be stored in filing cabinets.   Our… Continue Reading

Court Upholds Arbitration Agreement; Says Employee Can Waive FLSA Collective Actions

Posted in Class Actions, Litigation, Wage & Hour

Employers who have shunned using arbitration agreements for fear that they will be overturned, will want to take a look at a recent federal court decision that upheld an arbitration agreement that had provisions that some would consider very pro-employer. In Pomposi v. GameStop, Inc. (download here),  the employer moved to dismiss a collective action… Continue Reading

Quick Hits: EEOC’s ADEA Lawsuit; FLSA Collective Actions & Releases; Severance Pay & Taxes;; EEOC Compliance Manual Update

Posted in CHRO & EEOC, Class Actions, Discrimination & Harassment, Human Resources (HR) Compliance, Laws and Regulations, Litigation, Social Media, Wage & Hour

With the dog days of summer in full force here in Connecticut ("it’s the heat AND the humidity"), it seemed an appropriate time to roll out another installment of the "Quick Hits" feature to touch on a few items you might have missed over the last week or so: One of the biggest stories that you’ll… Continue Reading

Quick Updates: Ethics Case, Minimum Wage, NASCAR lawsuit, OWBPA and “Decisional Units”

Posted in Laws and Regulations, Legislative Developments, Litigation

Just time enough for some short updates on various posts from the last few weeks. You may recall a few weeks ago that the Governor vetoed a bill which would have increased the minimum wage in Connecticut to $8/hour in January 2009.  While there has been talk of a possible override session, it’s difficult to get the… Continue Reading

FMLA Waivers – Supreme Court Inches Closer to Deciding Whether Workers May Settle FMLA Claims With Employers

Posted in Laws and Regulations, Litigation

The U.S. Supreme Court this morning asked the government for its views on whether workers may settle Family and Medical Leave Act (FMLA) claims with their employers.  The SCOTUS Blog has the details: The Supreme Court on Monday asked the U.S. Solicitor General for the government’s view on whether workers may settle with their employers… Continue Reading