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

Category Archives: Wage & Hour

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After Hours iPhone and Android Use By Employees Raises Wage/Hour Concerns (Again!)

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

So, you remember February 2009, right? We were all aflutter over Liam Neeson in Taken (ok, I still haven’t seen it).  And we were listening to “My Life Would Suck Without You” by Kelly Clarkson (still a good song.) And I had a Blackberry Bold and loved it. (I know; even lawyers can plead temporary… Continue Reading

Trivia Time for HR Professionals – Six Questions of the Day

Posted in CHRO & EEOC, Featured, Highlight, Manager & HR Pro’s Resource Center, Wage & Hour

I recently was invited the join the “Learned League”, which has been described by the Washington Post as the “coolest, weirdest Internet community you’ll never be able to join.” Needless to say, now that I’m participating in it, I’m wondering if I’m either cool or weird or both. The league is a hodge-podge of various… Continue Reading

The Real Battle over Independent Contractors and the ABC Test In Connecticut

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

You’ve no doubt heard lots about how the U.S. Department of Labor is cracking down on independent contractors.  I’ve recapped it before and my former colleague, Jonathan Orleans, has a new post regarding Uber & electricians. But in my view, there is a larger, more important battle now being fought in Connecticut and you may… Continue Reading

A Vacation Perspective: The “Waterfall” Noise of Employment Law

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

The first day back from vacation is always fun. And by fun, I mean “not fun AT ALL.” There’s the e-mails. And the voicemails. And the things that you should’ve gotten done before vacation that you really honestly tried to do, but well, you just couldn’t. And then there’s the news and other “information” that… Continue Reading

No Vacation for Employment Law: New “Interpretation” for Independent Contractors Issued by USDOL

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

Whatever happened to summer vacation? You remember, that downtime, when nothing much happened? First, there were new proposed OT rules. Then, word came out EARLY (I got an alert at 6a!) today that the U.S. Department of Labor issued new “guidance” that will try to limit the misclassification of employees as indpendent contractors. The goal… Continue Reading

Unemployment Taxes: CTDOL Argues There’s More to the Story

Posted in Laws and Regulations, Legislative Developments, Wage & Hour

After my post last week, I received a thoughtful response from the Connecticut Department of Labor that is worth consideration. Much of it has already been transmitted in a column by Dan Haar in the Courant, but I think in the interests in fairness, it’s worth reprising here. In it, the CTDOL suggests that it… Continue Reading

DOL’s Internship Test Rejected by Second Circuit Creating Conflict with New Connecticut Law

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

Did you enjoy the fireworks last week? I’m not talking about the real Independence Day fireworks; rather, it’s a new Second Circuit decision that should have employment lawyers popping this morning. For a while, we’ve been talking about interns.  Indeed, back in 2013, I talked about how a wage/hour case involving interns on the movie… Continue Reading

Employers to Pay More in Federal Unemployment Taxes

Posted in Laws and Regulations, Legislative Developments, Wage & Hour

It appears that for the second year in a row, Connecticut employers will not be able to take advantage of a cost-saving opportunity as a result of inaction by the Connecticut Department of Labor. In two letters to the Connecticut Department of Labor by the CBIA and the Republican leadership, the details of the state’s… Continue Reading

Details of New Overtime Regulations Released Monday Night

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

On Monday night, details of the revised white-collar overtime regulations were released. But we’ll know more once the actual details get posted on the Department of Labor website on Tuesday. (Bloomberg was the first to report it Monday evening.) (Update 6/30/15: The proposed regulations are now available online from the U.S. Department of Labor here.)… Continue Reading

Paid Family & Medical Leave Program and CHRO Changes Get Revived in Budget Implementer

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

The Connecticut General Assembly is finalizing its budget implementation bill today and suffice to say that there are more than a few surprises in there. (CT News Junkie first highlighted it in a tweet, it should be noted.) For employers, buried deep in the bill is Section 422 entitled: “PAID FAMILY AND MEDICAL LEAVE IMPLEMENTATION”. … Continue Reading

Forget Employee Handbooks. How About an Update to Employment Laws?

Posted in Laws and Regulations, Wage & Hour

So, employers are probably tired of hearing me say that there’s always something to update in your employee handbook. But if employers can do it, why can’t the legislature get its act together and clean up our existing laws to the ones that are relevant — or at least update them. Instead, we get layers… Continue Reading

Legislative Recap: Bills Relating to Pay Secrecy and Unemployment Pass in Final Days

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

The dust has finally settled from the close of the Connecticut General Assembly on Wednesday.  And it’s time to take a look at the last few days to see what employment law bills passed. (I’ll tackle the changes that have been made to the CHRO in a post later today.) As I’ve noted in prior… 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

Quick Update on Connecticut Legislative Proposals

Posted in Legislative Developments, Wage & Hour

The Connecticut General Assembly is winding down in the next eight days, but not before some very significant legislation gets a thumbs up or down. As discussed before, the legislature has already passed a bill expanding an employee’s online privacy interests.  That bill was signed by the governor on May 19th.  It goes into effect… Continue Reading

Quick Hits: Transgender Workplaces; Proving Emotional Harm; “Digital Natives”; Labor History in Schools

Posted in CHRO & EEOC, Discrimination & Harassment, Labor Law & NLRB, Legislative Developments, Wage & Hour

With Twitter, I’ve been doing less “recap” posts of late. Why? For the simple reason that you can get all of the posts I’ve read of late on Twitter. We didn’t have that when I started the blog nearly 8 years ago. (Side note: It was eight years ago this week that I came up… Continue Reading

“Pay Secrecy” Bill Goes Above and Beyond Other Proposals

Posted in Class Actions, Discrimination & Harassment, Highlight, Human Resources (HR) Compliance, Legislative Developments, Wage & Hour

As I said before, the notion that this might be a quiet year for employment law legislation at the Connecticut General Assembly has long since left the train station. Indeed, we’ve appear to be swinging completely in the opposite direction. Anything and everything appears up discussion and possible passage this year — including items that really stood… Continue Reading

Predicting the Future? Proposal Would Require Set Schedules by Employers Or Else

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

Over the last few weeks, I’ve heard lots of grumbling about the employment law proposals being floated at the Connecticut General Assembly.  But it wasn’t until recently, that I understood how serious one proposal is. Last week, proponents of House Bill 6933 held a press conference to have the legislature pass a measure requiring employers to post… Continue Reading

Hiring Without Employment Law Headaches: Five Tips for Employers

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

On Friday, I had the opportunity to speak to the Human Resource Association of Greater New Haven. My sincere thanks to them for the invitation. The group asked me to talk about various legal traps employers face in the hiring process and solutions to avoiding those issues.  Here are some of the points we talked… Continue Reading

I’ve Got a Secret: Recordings in the Workplace

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

I’ve talked before about the use of recordings in the workplace. But this week, my colleague Jarad Lucan revisits the subject in light of some new decisions and the increasing presence of smartphones in the workplace. It is a safe bet that most if not all of your employees own a mobile or smart phone.  It… Continue Reading

When Do Volunteers Become “Employees” Under Anti-Discrimination Laws?

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

Having this blog for nearly eight years, it’s fair to say that I’ve covered quite a few topics. But every once in a while, a never-before-discussed issue makes it way to the forefront. Today is one of those days. My colleague, Gary Starr, has a post today about a recent Connecticut Appellate Court decision (CHRO v…. Continue Reading

So Much for a Quiet Legislative Session on Employment Law Issues

Posted in CHRO & EEOC, Discrimination & Harassment, Highlight, Legislative Developments, Wage & Hour

When I made predictions/wishes for 2015 at the end of last year, I offered up one on what the Connecticut General Assembly might do: My Prediction: We’ll see a new rule or two, but with all the mandates that have been passed in the last four years, I expect there to be more bluster from politicians, but that we’ll actually see a bit less interference… Continue Reading

Free Speech in the Workplace Gets Another Day in Court

Posted in Highlight, Litigation, Wage & Hour

Tomorrow, the Connecticut Supreme Court will hear arguments in Trusz v. UBS. It’s case I’ve mentioned before and even made a prediction about the case back at the start of the year. I’m not going to discuss it in detail because I and my colleagues here at the firm wrote an amicus brief on behalf of the Connecticut… Continue Reading

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