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Category Archives: Wage & Hour

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With Your Social Media Policy, It’s “Live” and “Go” Time

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

Recently, I had the opportunity to revisit a social media policy I had reviewed several years ago.  (Check back to this post from 2008 to see how far we’ve really come.) In doing so, I was reminded — once again — how quickly the tech world is changing and how policies need to continually adapt…. Continue Reading

New Pay Secrecy Law Finds a Place in Court With Lawsuit

Posted in Highlight, Laws and Regulations, Litigation, Wage & Hour

Well, it was bound to happen.  After nine years of writing the blog on a near daily schedule, some work and personal commitments interfered with my blog writing schedule. But never fear, more new posts from me are now right around the corner. In the meantime, one of our summer associates, James Joyce, joins the… Continue Reading

Settling FLSA Wage & Hour Claims? Court Approval May Be Needed

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

Yesterday, I had the opportunity to talk at the Connecticut Legal Conference about employment law issues. My talk focused on free speech rights in the workplace — a topic I’ve covered well in some prior posts here and here, for example. One of the other topics of our discussion was the Cheeks v. Freeport Pancake… Continue Reading

Volunteers: Can They Really Help Fix Your Issues With New Overtime Rules?

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

Over the weekend, I finished planning for our webinar tomorrow on the new overtime rules.  In digging deeper into the materials produced by the Department of Labor on the final rule, I looked at the use of volunteers as a solution — particularly for non-profit organizations. For the “for-profit” world, this is probably not a realistic option…. Continue Reading

Travel Time: An Added Complication to New Overtime Rules

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

I’m looking forward to “seeing” lots of you at next week’s free webinar we’re having on the new overtime rules and how they impact Connecticut employers. One of the issues that we’ll touch upon is how the new rules are going to add complications for many employers — and particularly non-profits. Take, for example, an… Continue Reading

One Big Thing For Employers to Know About the New Overtime Rule

Posted in Highlight, Laws and Regulations, Wage & Hour

Are you tired of lawyers commenting already on the new overtime rules? (The answer should be no, of course, since you’re reading this blog and thus have room for one more view.) But I think it’s fair to say that we haven’t seen a feeding frenzy like this on employment law in many, many years. … Continue Reading

Final Overtime Rule Released; Challenges Ahead for Connecticut Employers

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

If you like to open your presents on Christmas Eve, the U.S. Department of Labor is for you. Last night, the DOL posted the final revised rule on overtime on its website ahead of its planned announcement this afternoon. What a gift for employment lawyers!  Needless to say, I was up late unwrapping all my “gifts.”… Continue Reading

Three Things to Look For In Final Overtime Regulations

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

Late Monday, several reports on Twitter indicated that the Department of Labor would be announcing and releasing the final version of the revisions to the white-collar overtime regulations.  You can see my prior posts on the subject here and here. This has been a long time coming. It was way back in 2014 (!) that… Continue Reading

Legislative Update: New Non-Compete Restrictions for Physicians

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

Continuing my review of new employment-related bills is a measure that limits the use of non-compete agreements for doctors. Anyone who tracks bills knows that the name on the bill sometimes doesn’t match the content. Senate Bill 351 entitled “AN ACT CONCERNING MATTERS AFFECTING PHYSICIANS AND HOSPITALS” is a good case in point. Seems innocuous… Continue Reading

Legislative Update: CTFMLA Expands to Cover Military Qualifying Exigencies

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

UPDATED Continuing to recap various employment law bills out of the Connecticut General Assembly, the legislature passed a measure Wednesday night that brings Connecticut’s FMLA law more in line with the federal counterpart. The federal FMLA was amended back in 2008 (prior post on the subject here) to provide coverage for any “qualifying exigency” arising out… Continue Reading

Legislative Update: Bi-weekly Payroll Periods (Without CTDOL Approval) are Here!

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

It’s been a long-time coming but the General Assembly finally approved of a measure that would allow employers to pay employees on a bi-weekly basis without receiving prior CTDOL approval. The provision, part of a set of “technical” revisions to various Department of Labor matters, is long overdue. Several employers had moved to a bi-weekly… Continue Reading

Legislative Update: Modified “Ban the Box” Bill Approved in Connecticut

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

Remember “Ban the Box” and the fair chance employment bill from earlier in the session? Well, it passed last night. Sort of. An amendment to the original bill essentially wiped the prior version clean.  Thus, whatever you think you knew about the measure you can put that aside. What passed last night (House Bill 5237)… Continue Reading

Legislative Update: Payroll Cards Finally Approved in Connecticut

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

Payroll cards are finally here. The General Assembly finished their regular session last night with several employment law bills getting passed, including some that have been kicking around for years. One of them is Senate Bill 211, which authorizes employers to use payroll cards — instead of checks or direct deposit — to pay their employees…. Continue Reading

Legislative Update: Employee Training Required for Hotels, Inns on Human Trafficking

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

Over the next week or so, I’ll be providing updates on various bills to pass (or fail) at the state general assembly.  They’re coming in fast and furious so patience is the order of the day. But as we review various bills, there are employment-related aspects in places that you might not think. The first… Continue Reading

What’s Cooking at the General Assembly in 2016 (Part I)

Posted in Highlight, Legislative Developments, Wage & Hour

The 2016 Connecticut General Assembly is about one month from ending its term so it’s a good opportunity to see what bills are still floating out there. I’ll do a bigger recap when we get close to the end of the session but if you have any interest in the bills (and, if you’re an… Continue Reading

New Complaint Highlights Continuing Battle over Pay Disparity by Gender in Sports

Posted in CHRO & EEOC, Class Actions, Discrimination & Harassment, Highlight, Litigation, Wage & Hour

This morning came word that members of the U.S. National Women’s Soccer Team are filing a discrimination complaint against the U.S. Soccer Federation on the grounds that they are paid less than their male counterparts. According to press reports, “the filing, citing figures from the USSF’s 2015 financial report, says that despite the women’s team… Continue Reading

Quick Hits: Persuader Rules, Class Action Lawsuits, Prevailing Party, E-mail Phishing

Posted in CHRO & EEOC, Class Actions, Data Privacy, Discrimination & Harassment, Highlight, Labor Law & NLRB, Laws and Regulations, Wage & Hour

With Opening Day of baseball season nearly upon us, it’s time again to bring back a “Quick Hits” segment to recap a few noteworthy (but not completely post-worthy) employment law items you might have missed recently. The U.S. Department of Labor released the final version of new “persuader” rules which will become effective April 25,… Continue Reading

Keep Calm & Carry On: New Federal White-Collar Overtime Rules Still Not Released

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

Over the last few days, Twitter has been a-twittering with buzz that the Department of Labor has sent the final overtime rules to the OMB. This is the equivalent of one department sending another one an e-mail with the new rules. Why? Because it’s just the next step in getting the rules approved.  But nothing… Continue Reading

Independent Contractor Ruling: A Deeper Dive

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

As I return from some time off, my colleagues, Gary Starr and Chris Engler, have dug a bit deeper into the Connecticut Supreme Court decision from last week and issued this alert which we have also sent to clients.  A deeply divided Connecticut Supreme Court recently issued a long-awaited decision, Standard Oil v. Administrator, regarding… Continue Reading

BREAKING: CT Supreme Court Gives Employers Using Independent Contractors A Big Victory

Posted in Featured, Highlight, Litigation, Wage & Hour

Late this morning, the Connecticut Supreme Court released one of its most important decisions on employment law in years. I’ve been talking about it prior posts but its decision is a welcome surprise for employers who feared the worst.  Because I’m out of the office for a few days, I’ve asked my colleague Chris Engler… Continue Reading

“Ban the Box” Bill Would Also Protect Felons From Discrimination

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

As the General Assembly session heats up, several legislators are calling for passage of the so-called “Ban the Box” legislation. Versions of this have been floated for years, but one legislator called this year’s bill the “most important bill” to come out of the legislature this year. So, that means that employers ought to keep… Continue Reading

Did You Hear the One About the “Joint Employer”?

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

It’s hard getting excited about joint employment. In fact, it’s pretty yawn-inducing.  (Seriously, get a cup of coffee before reading this.) But a few weeks back, the Department of Labor issued some new guidance on the topic that has been making the rounds of the employment law blogs. Now, you might be asking — what… Continue Reading

Independent Contractors: Can You Still Use Them?

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

A while back, I got this question: Can we still use independent contractors for our business? This answer is certainly yes. But you wouldn’t know it from all the headlines of late. And you wouldn’t think so by the attacks on the use of independent contractors by government agencies.  Take this quote from the U.S…. Continue Reading

Changes at the CHRO and Connecticut DOL

Posted in CHRO & EEOC, Legislative Developments, Wage & Hour

The state agencies that employers have to deal with the most on employment law issues made two announcements this week regarding their leadership ranks. The Commission on Human Rights & Opportunities has announced that Michele Mount has been named the Chief Human Rights Referee. Ms. Mount has been a Human Rights referee for the CHRO… Continue Reading