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Category Archives: Wage & Hour

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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

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

Updated Paid Sick Leave Guidance and Poster Issued by Connecticut Department of Labor

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

Somewhat quietly (at least to me), the Connecticut Department of Labor has issued updated guidance regarding compliance with the state’s Paid Sick Leave law. But employers who have been following the developments in this area — namely the changes to the law by the legislature — won’t be surprised much by the minor changes that… 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

What is the Mileage Reimbursement Rate for 2015?

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

For several years, one of the most popular posts on my blog was the one where I listed the mileage reimbursement rate for businesses.  It’s been relatively stable, but this year brings about another small change. In any event, the new rate became effective January 1, 2015. Remember, this is the optional standard mileage rates. These rates… Continue Reading

A Look Ahead: Three (More) Bold Predictions in Connecticut Employment Law in 2015

Posted in CHRO & EEOC, Discrimination & Harassment, Highlight, Laws and Regulations, Legislative Developments, Litigation, Wage & Hour

Having tackled the predictions in employment law on a federal level, what does the future hold for employers in Connecticut? Besides a debate on Family & Medical Leave Insurance, there are a few things we’re likely to see. 1. New bills at the General Assembly: The first one comes courtesy of Mara Lee over at… Continue Reading

A Look Ahead: Connecticut’s Minimum Wage Rockets Upward

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

On New Year’s Day, I had the opportunity to launch model rockets with my son on a gorgeous (but very cold) day. As it turns out, it was also a windy day.  We discovered this through launching two rockets super high — only to see them carried away deep into the woods a mile away…. Continue Reading

A Look Ahead: Paid Family & Medical Leave Insurance Program

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

With 2014 coming to a close, it’s time to look ahead at some of the issues that we’re likely to see discussed in 2015. One such issue is a Paid Family & Medical Leave Insurance Program in Connecticut.  The origins of this come from a 2013 special act which created a task force to study the… Continue Reading

Supreme Court: Employees Need Not Be Paid For Post-Shift Security Checks

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

When the U.S. Supreme Court rules on an issue in a 9-0 fashion — with a decision penned by Justice Thomas, no less — you can fairly conclude that the issue is not all that difficult. Indeed, the SCOTUSBlog summed up the employment law decision today pretty succinctly: Workers who are required to stay after their… Continue Reading

Willful Misconduct and Unemployment Compensation: The Quiz (Part 2)

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

In yesterday’s post, my colleague Chris Engler discussed the “wilful” misconduct standard and how it applies when your employee is otherwise eligible to receive unemployment compensation. Today, Chris returns and has a quick quiz to review some recent cases of how this standard has been applied. So, you think you know what the “wilful” misconduct… 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

Are You a Joint Employer? It May Depend on the Court’s Test

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

Can an employee work for more than one employer at the same time? Under a theory of law called “joint employment”, the answer is yes. But how do you make that determination? Suppose a private bus company provides services all over Connecticut. It’s largest customer happens to be a very large private university in the state. The… 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

The Telegraph Is No More. And Neither Is the Law Regarding Telegraphs.

Posted in Legislative Developments, Wage & Hour

A year ago, I called on the legislature to update its employment laws to reflect modern realities.  (It’s actually something I’ve done for a number of years, but who’s counting?) One of the laws I highlighted restricted “telegraph” companies from distributing goods or messages in the overnight hours.  Because the telegraph no longer is used… Continue Reading

“Consider” This Important: Employment Contracts Are a Two-Way Street

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

My colleague Chris Engler reports today on a new Connecticut Appellate Court case that focuses on a often misunderstood concept in employment contracts — the need for “consideration”.  What was it that Dire Straits’ sang about in the 1980s? Getting “Money for Nothing”? We’ve all been told that you can’t get something for nothing.  That… Continue Reading

How Long Can You Enforce a Non-Compete Agreement For?

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

Back in June, I talked about the standard that courts will follow in deciding whether or not to enforce a non-compete agreement between an employer and an employee.  (Go read it here first.) But many employers want to know something more straightforward: How long can I make the restrictive covenant in my agreement; in other… Continue Reading

Domestic Violence Awareness: Resources for Employers

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

This post is not going to discuss, in my view, the NFL’s inadequate response over the years to domestic violence incidents by players in the league.  (If you want to listen to a full take down of the NFL, I recommend Slate’s The Gist podcast from yesterday.) Rather, I want to talk today about how… Continue Reading

Paper Trail: DOJ Brings Issue of Hiring Documentation to Forefront

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

Late Friday, you might have (ok, I’m sure you did) missed a press release from the United States Department of Justice announcing a settlement with a staffing agency in California. The charge? That a staffing company “discriminated against work-authorized non-U.S. citizens in violation of the Immigration and Nationality Act (INA).” Now, I’m sure you all… Continue Reading

Do Camp Counselors and Baby Sitters Have to be Paid Minimum Wage?

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

My kids are at overnight camp this week and of course, my brain never stops thinking about cute employment law lessons that can be gleaned from everyday experiences. So, you may wonder: do camp counselors who, after all, spend 24/7 with the kids, have to be paid minimum wage? And what about babysitters that you… 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

Shared Work Program Gets a Refresh With New Regulations from Connecticut Department of Labor

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

One of the better programs run by the Connecticut Department of Labor that gets almost zero publicity is the “Shared Work” program.  For employers, it’s a useful tool when you’re dealing with a temporary slowdown in work. I talked about it five (!) years ago in the midst of the recession so I’m not going… Continue Reading

Cameras in the Workplace Among Topics in Latest “Employment Law Letter”

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

While you might think our department at Shipman & Goodwin LLP would be content to rest on just this blog, my fellow colleagues have actually been passing along tidbits for years in its quarterly Employment Law Letter publication. The latest issue is now available online here. I really like the cover article on cameras in… Continue Reading

Minimum Daily Earnings Guarantee (or Reporting Time) Already a Rule For Some Employers

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

This week, one of Connecticut’s own, Representative Rosa DeLauro introduced the “Schedules That Work Act” bill in Congress.  It would ostensibly help part-time workers secure stable schedules. It would, among other things “ensure employees get two weeks notice about their work schedules, as well as extra pay to compensate for last minute changes”, as summed up by The… Continue Reading