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
Tag Archives: waiver
Weekly Payment of Wages and Seeking A Waiver
Posted in Human Resources (HR) Compliance, Laws and Regulations, Wage & HourIn 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 & HourNow 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 & NRLBYesterday, 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 & HourThe 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 & HourFinishing 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 & HourAs 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 & HourEmployers 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 & HourWith 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, LitigationJust 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, LitigationThe 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
About Daniel Schwartz
Trusted advisor. Experienced employment law attorney. Bar leader. Award-winning author. Noted Speaker. "Legal Rebel". All can be said to be apt descriptions of Daniel Schwartz, a member of Pullman & Comley. More +
Follow Me on Twitter
Join the Discussion on Facebook
Subscribe to this blog via RSS
View My Linkedin Profile