In one of the most significant employment law cases decided by the Connecticut Supreme Court in recent years, the Court unanimously ruled earlier this month that an employee’s free speech rights in the private workplace do not extend to speech pursuant to his job duties. Those rights do not cover insubordinate behavior either. In doing so, the Court reversed the… Continue Reading
Category Archives: Wage & Hour
Subscribe to Wage & Hour RSS FeedInterns: Assign Real Work or Menial Tasks? Neither, says The New York Times
Posted in Human Resources (HR) Compliance, Laws and Regulations, Wage & HourBack in 2010, at the same time the U.S. Department of Labor was making a big publicity push on its interpretation of rules regarding unpaid interns, the New York Times ran piece noting how employers were skirting the law when it came to internships: The Labor Department says it is cracking down on firms that… Continue Reading
Court Upholds Use of Fluctuating Work Week Method in Connecticut
Posted in Human Resources (HR) Compliance, Litigation, Wage & HourMy colleague, Mick Lavelle, has this post on a topic that few know about and even fewer understand: The Fluctuating Work Week. For more background on the subject, I’ve talked about it in earlier posts here and here. Interpretation of the federal Fair Labor Standards Act is aided by hundreds of pages of regulations and U.S…. Continue Reading
Significant Changes to Personnel Files Act Being Considered at General Assembly
Posted in Highlight, Legislative Developments, Wage & HourAs the legislative session winds down, there’s one big issue still alive that has been passing mostly under the radar of the mainstream press. (To the CBIA’s credit, they’ve been tracking this bill for a while.) Under current law, an employee has the right to inspect and receive a copy of his or her personnel… Continue Reading
Internships: The Good, The Bad, The Ones that Violate The Law
Posted in Human Resources (HR) Compliance, Wage & HourWith summer fast approaching, summer internships will start picking up their pace as well. Fortunately, there are a lot of great resources for employers to learn about how to do internships without violate the law. I’ll be discussing the legal side of internships on The Proactive Employer podcast that will be broadcast live this Thursday… Continue Reading
Keep an Eye Out for Court’s Ruling on Pharmaceutical Sales Rep. Case
Posted in Class Actions, Highlight, Litigation, Wage & HourThe U.S. Supreme Court yesterday heard arguments over whether pharmaceutical sales reprsentatives were properly classified as exempt (from overtime) because they fall within the “outside sales” exemption of the nation’s wage & hour laws. The plaintiffs said that they were not properly classified because, while the representatives do a lot of tasks, the one thing that… Continue Reading
Court: Regional District Employees Are “Town” Employees; Claims Barred By Workers’ Compensation Act Exclusivity
Posted in Litigation, Wage & HourThe Connecticut Supreme Court, in a decision that will be officially released next week (but released this morning), held that an animal control officer for several towns, was an employee of each of the towns. Because of the creation of an employer/employee relationship, her claims that she was injured on the job (she suffered a… Continue Reading
A Paid Sick Leave Carryover Issue Left Unaddressed … Until Now
Posted in Highlight, Human Resources (HR) Compliance, Laws and Regulations, Manager & HR Pro’s Resource Center, Wage & HourSo, four months in, how is Connecticut Paid Sick Leave (PSL) working out? Well, for towns, not so well as this recent article pointed out. But as Connecticut employers start running through the issues, some novel and unforseen issues keep popping up. I’ll address one of them here. But before you read it, make sure you… Continue Reading
Written Consent Form Needed For FLSA Collective Action
Posted in Class Actions, Litigation, Wage & HourEver wonder what happened to the case of the “exotic dancers” who claimed that they were misclassified as independent contractors? Well, the case continues and yesterday, the federal court denied a summary judgment filed the strip club on a technical issue that is probably overlooked by employers in many instances. You can download the decision… Continue Reading
Offer of Judgment by Employer Renders Employment Claim “Moot”
Posted in Class Actions, Litigation, Wage & HourSuppose you’re an employer who has been served with a wage & hour claim. Rather than fight the claim, you decide to give in. You file an Offer of Judgment (under Rule 68 of the Federal Rules of Civil Procedure, if you’re keeping track at home) and offer to provide the employee with more than the… Continue Reading
Don’t Let Your Babies Grow Up To Be Interns
Posted in Human Resources (HR) Compliance, Manager & HR Pro’s Resource Center, Wage & HourThe word “Interns” has turned into a dirty word for employment lawyers lately. But before you panic, it’s time to separate fact from fiction. Now, it IS true that a few years back, the United States Department of Labor signaled employers that it would start cutting down on the practice that some employers used of… Continue Reading
Leap Day: The Day Employers Get Free Work From Exempt Workers
Posted in Human Resources (HR) Compliance, Wage & HourA few years ago, I addressed the issue of what happens when there’s a “leap year” for pay periods. Every five years or so (and 2009 was one of them), a year will have 27 bi-weekly paydays instead of 26. That issue arises because bi-weekly pay programs pay employees in 14-day increments resulting in a 364… Continue Reading
New Penalties for Wage Claims, Unemployment Discrimination, Payroll Cards On Hearing Agenda
Posted in Discrimination & Harassment, Legislative Developments, Wage & HourAnd all of a sudden, things just got very busy at the Connecticut General Assembly. On Tuesday, several labor & employment law bills are up for discussion and debate at a public hearing scheduled at 2 p.m. (details here). One of the bills is the newest hot topic — the House version of the unemployment… Continue Reading
“Linsanity” for Employers to Fail to Post Required Notices
Posted in Highlight, Human Resources (HR) Compliance, Laws and Regulations, Manager & HR Pro’s Resource Center, Wage & HourEmployers in Connecticut (and other states) have a whole host of notices that must go up in a common meeting area for employees to see. But what happens when an employer forgets to do the postings, or, worse, purposely avoids putting those posters up? A recent federal case in Connecticut addresses that question with important… Continue Reading
Quick Hits: Love in the Workplace, Public Employees, Pleading Standards, ADR, Novartis Settlement, EEOC Statistics
Posted in CHRO & EEOC, Discrimination & Harassment, Human Resources (HR) Compliance, Laws and Regulations, Wage & HourOn this Valentine’s Day, while you’re out shopping for flowers and chocolate, here are a few nuggets of employment law that you might have missed lately: Since love is in the air today, Robin Shea continues the cautionary tales of sexual harassment cases in the workplace. Jon Hyman echoes the theme with a tip on… Continue Reading
Governor Proposes Consolidations of State Agencies; Would Impact CHRO, CTDOL
Posted in CHRO & EEOC, Legislative Developments, Wage & HourUPDATED – February 9, 2012 A link to the proposed bill is now available here. On Friday, Governor Malloy proposed two agency consolidations that would have a significant impact for employers in Connecticut. First, he proposed a new “Department on Human Rights, Protection and Advocacy”. This new department would combine the Office of Protection and Advocacy and… Continue Reading
Connecticut Supreme Court Hears Arguments on Hostile Work Environment and CTFMLA Cases
Posted in Discrimination & Harassment, Highlight, Laws and Regulations, Litigation, Wage & HourIt’s not very often that the Connecticut Supreme Court considers employment law issues. But today, two notable cases are being argued in front of the court. Both could have an impact on employers in the state. In Patino v. Birken Manufacturing, the court is being asked to consider whether a hostile work environment harassment claim… Continue Reading
BREAKING: DOL Proposes New FMLA Rules Impacting Military Leave
Posted in Laws and Regulations, Wage & HourThe Department of Labor today proposed new regulations of the FMLA that would explain further the military family leave provisions and incorporate some special provisions for airline flight crews. The new proposed regulations are in response to the National Defense Authorization Act for Fiscal Year 2012 which amended the FMLA to extend the military caregiver… Continue Reading
Quick Hits: Ban On Cell Phones; NLRB & Social Media; Nursing Mothers; Retaliation, LinkedIn
Posted in Labor Law & NRLB, Laws and Regulations, Litigation, Social Media, Wage & HourAs another week passes by (seriously, where did January go already?), here are a few odds and ends that are worth a mention: Earlier this month, new rules regarding limits on the use of mobile phones went into effet by the Federal Motor Carrier Safety Administration. The rule covers ”both, drivers of CMVs in interstate commerce,… Continue Reading
What is the Mileage Reimbursement Rate for Businesses for 2012?
Posted in Highlight, Human Resources (HR) Compliance, Wage & HourI’m often asked what some of my most popular posts are on the blog. Surprisingly, one topic that always seems to generate interest is the mileage reimbursement rate. I’m not quite sure why. In any event, the new rate became effective January 1, 2012. Remember, this is the optional standard mileage rates. These rates are typically used by businesses… Continue Reading
What to Expect When You’re Expecting the Department of Labor
Posted in Highlight, Wage & HourAs I’ve noted before, both the U.S. and the Connecticut Department of Labor have had a renewed focus on investigating employers for compliance with state and federal wage & hour laws. But what should you expect when the DOL comes calling for an investigation (either as part of a random audit or a complaint)? First… Continue Reading
Predicting the Future in Employment Law, At Least for 2012
Posted in Human Resources (HR) Compliance, Labor Law & NRLB, Laws and Regulations, Legislative Developments, Social Media, Wage & HourA few weeks ago, I sat down and crafted an article for the Connecticut Law Tribune that laid out my predictions for 2012. That article was finally published this week here. Among the topics I tackle are new U.S. Supreme Court and Connecticut Supreme Court decisions, possible new legislative developments, and whether the trend of… 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 & HourThere 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
BREAKING: USDOL Releases Proposed Changes to Companionship and Live-In Worker Regulations Under FLSA
Posted in Laws and Regulations, Wage & HourAs expected, the United States Department of Labor today released its proposed changes to the companionship and live-in worker regulations under the Fair Labor Standards Act. What was unknown was how significant the proposed changes would be. The short answer: Pretty significant. The regulations substantially limit the companionship exemption under wage & hour laws to… 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 +
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