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

Category Archives: Wage & Hour

Subscribe to Wage & Hour RSS Feed

Could Telecommuting Be Deemed a “Reasonable Accommodation” Under the ADA?

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

My colleague, Gabe Jiran, (go read his impressive background here, I’ll wait) recently gave a presentation on telecommuting and I asked Gabe to share his thoughts on a notable topic that came up for discussion there.  Thus, in this post, Gabe discusses whether telecommuting could be a “reasonable accommodation.” With today’s technology, employees seem to… Continue Reading

Gleaning Employment Law Lessons From Connecticut’s Double Championships

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

I’ll first acknowledge the obvious: UConn’s national championships in both men’s and women’s basketball is a weak excuse for a post on employment law topics. And yet, that hasn’t stopped me before. (See 2009, 2011, etc.) For Kevin Ollie, the victory provides a nice financial bonus to him.  How do I know this? Because Ollie… Continue Reading

SOX Stake Claim in Winning … a Whistleblower Protection Case (Revisited)

Posted in Highlight, Litigation, Wage & Hour

It’s Baseball Season; a time for the Sox to come out and play. Not the Red Sox — this is, after all, a legal blog (run by a Yankees fan, no less).  No, today, we’re talking about Sarbanes-Oxley (SOX) Whistleblower Protection. Still with us.  My colleague, Clarisse Thomas, has taken a look back at the U.S…. Continue Reading

The New New Minimum Wage in Connecticut

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

In short order, Connecticut has just jumped to the front of the line when it comes to increasing the minimum wage. On Wednesday, March 26th, the General Assembly passed an increase to the minimum wage in Connecticut. This will amend the previous increases that had been negotiated last year and raises the minimum wage past… Continue Reading

Outdated Employment Regulations Get a Second Look in Connecticut

Posted in Laws and Regulations, Wage & Hour

Welcome to the party, Connecticut. For years, I’ve highlighted outdated employment laws and regulations in Connecticut that should be written off the books.  As I’ve noted time and again (and again), it’s very easy for laws to get put on the books. But it’s very hard for them to get taken off. Now comes word that… Continue Reading

Up is Down and Outside is Inside? With FMLA, Not Quite Common Sense

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

Today, my colleague Christopher Engler, takes a crack at explaining what happens with FMLA leave when an employee takes works at another job while on FMLA leave.  As Chris explains, not everything about the statute is “common sense.”  Picture this: In one scenario, a maintenance worker takes an FMLA leave for “mental distress” but continues to deliver oil… 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

Obama Proposes Changes to White Collar Overtime Exemptions

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

The New York Times reported this morning that President Obama will ask the United States Department of Labor to revamp its regulations on the so-called “white collar” exemptions to the federal overtime laws. Specifically, he will direct the DOL “to require overtime pay for several million additional fast-food managers, loan officers, computer technicians and others whom… Continue Reading

ABA Adopts Principles of Model Business Policies on Labor Trafficking & Child Labor

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

As I’ve highlighted before, I’m fortunate to serve as a delegate to the American Bar Association House of Delegates, which meets twice a year. I was less fortunate that the Midyear Meeting this year was in Chicago, which was even colder and snowier than Connecticut. At Monday’s House meeting, there were several resolutions passed. The… Continue Reading

Dazed and Confused About Medical Marijuana in the Workplace? Dude, It’s Just Starting

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

The news this week that Connecticut has given its approval to four medical marijuana growers in Simsbury, West Haven, Portland, and Watertown, inches the state that much closer to full implementation of the medical marijuana law that was passed in 2012. The state also reported that over 1600 individuals in Connecticut have been certified by… Continue Reading

Donning, Doffing and “Changing Clothes”: Supreme Court Says When Employees Get Paid

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

Raise your hand if you know what “Donning and Doffing” is? To those that have raised your hand, you are most likely: a) an employment lawyer; b) a Scrabble nerd; or c) not being honest with yourself. It’s just not a phrase anyone uses in real life — like a “snood” (I’ll get to the… Continue Reading

Would You Exchange Your Tall Latte For Leave Insurance Program?

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

Today, Connecticut Congresswoman Rosa DeLauro introduced The Family and Medical Insurance Leave (FAMILY) Act — legislation that would establish a national paid family and medical leave insurance program. According to a press release, for the price of “one tall latte a week”…”The FAMILY Act would create an independent trust fund within the Social Security Administration… Continue Reading

Connecticut’s Gender Wage Gap: Report Paints a Complicated Picture

Posted in Discrimination & Harassment, Legislative Developments, Wage & Hour

The Gender Wage Gap Task Force in Connecticut issued its report last month with both findings and recommendations on a continued disparities between what men and women, on average, earn. In doing so, it recognized that there are multiple factors that are responsible for the gap in its view.  It paints a far more complicated picture… Continue Reading

Quick Hits: Starbucks Tip Policy, E-Cigarettes, Sniffing Employees, Female Bosses, USDOL, Thanksgivukkah

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

With Hanukkah tonight, and Thanksgiving tomorrow, (or “Thanksgivukkah” as some have called it humorously),  here are a few morsels of employment law information to get you started. Last week, the Second Circuit upheld Starbucks’ Tip Policy.  While the Second Circuit does cover Connecticut, the issue it had to decide was based on New York Labor Law. … Continue Reading

Service Contract Act: Do Your Wages Comply With the Law?

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

You would figure after six-plus years of doing this blog, I would’ve covered all the laws applicable to employers. But, perhaps in a testament to how many laws there are, there are still a few out there. One of them is the Service Contract Act, (Conn. Gen. Stat. 31-57f, for the attorneys out there.) The Hartford Business… Continue Reading

First Amendment Retaliation Claims Remain Alive (and Well?)

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

After the U.S. Supreme Court’s decision in Garcetti several years ago, there was a lot of chatter about whether public employees still had substantive First Amendment free speech rights. And for a short while, the trend did seem to indicate that speech that related to an employee’s “official job duties” was to be construed broadly and that… Continue Reading

“Yes, It’s Legal.” But Is It a Good Idea?

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

On Friday, there was a human resources post by Suzanne Lucas and Alison Green that was so creative and simple, I wish I had written it.  The concept: Compile a list of things that an employer can do without breaking the law. If you haven’t seen it from my Twitter feed, go read it now.  (Jon Hyman, of the… Continue Reading

Mandatory Flu Shots for Employees in Connecticut: Fact vs. Fiction

Posted in CHRO & EEOC, Discrimination & Harassment, Highlight, Human Resources (HR) Compliance, Labor Law & NRLB, Laws and Regulations, Wage & Hour

As the temperature starts to dip this week and our thoughts start turning from fall to winter, so starts slow climb up the absenteeism ladder. Around many workplaces, flu shot clinics are starting to pop up.  Not surprisingly, studies show that flu shots reduce the rate of absenteeism.  (Employees who get vaccinated get sick less… Continue Reading

Quick Hits: Carnivals, Trade Secrets, Interactive Process, Taxes and Arbitration

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

Busy week here.  So, it’s time to bring back a recurring post of “Quick Hits” of articles you may have missed along the way.  Here are some of my recent favorites: First, the October Employment Law Blog Carnival is up with a Halloween theme. Lots of great employment law articles for you to choose from…. Continue Reading

Second Circuit Leaves Some FLSA Issues Up For Grabs

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

A reminder: Employees are entitled to overtime for work over 40 hours a week, unless an exemption applies. For so-called white collar workers, there are three main exemptions: administrative, professional and executive.  Each of these categories looks at whether the employee had certain covered “duties” (known as the “duties” test) and a minimum guaranteed weekly… Continue Reading

Another Look at “Moral Turpitude” and Why Drafting Isn’t Always Easy

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

Last week, Ken Adams was kind enough to provide us with a great guest post on using the clause “moral turpitude” in employment contracts.  If you haven’t read it yet, take a minute to do so. I agree with Ken that the phrase “moral turpitude” has some issues and should be used sparingly in employment contracts. But… Continue Reading

Big Changes Are Here for Personnel Files – Are You Ready?

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

On October 1, the rollout of major changes to the state’s Personnel Files Act becomes official. If I had to hazard a guess, however, I’d say that many small to mid-size companies remain unprepared for the breadth and scope of the changes.  If you haven’t focused on it yet, you’ve got a weekend to catch… Continue Reading

USDOL Releases Final Rule Applying Overtime to Home Health Aides & Other Direct Care Workers

Posted in Highlight, Laws and Regulations, Wage & Hour

Yesterday, the U.S. Department of Labor announced significant new changes to its regulations regarding who is a “domestic worker” and therefore subject to the coverage of the federal laws regarding overtime and the like. The changes were, in many ways, expected. But the scope of the coverage — expanding it to nearly two million more… Continue Reading

Free Speech Statute Creates Affirmative Defense, Court Rules

Posted in Highlight, Litigation, Wage & Hour

In last week’s post about an important new free speech case from the Connecticut Superior Court, I highlighted one aspect of the court’s ruling. Today’s post addresses another aspect – though this may have more significance to practitioners in the area than anything else. Connecticut’s free speech statute, Conn. Gen. Stat. Sec. 31-51q, contains an notable… Continue Reading