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Category Archives: Wage & Hour

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

Posted in Human Resources (HR) Compliance, Labor Law & NRLB, 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

Quick Hits: EEOC Strikes Again, Desk Shenanigans, New Executive Order, Union Dues, Sharing Salary Info

Posted in CHRO & EEOC, Class Actions, Discrimination & Harassment, Labor Law & NRLB, Laws and Regulations, Litigation, Wage & Hour

Time for another installment of quick hits where I share a few stories that I had hoped to write further about and finally concede that, because of time limitations, I probably won’t. So, you settle a discrimination case with the EEOC.  You’re done, right? Well, not exactly, as this post from the Workplace Class Action… Continue Reading

A Small Bite Here, A Nibble There, Workplace Violence Lessons Everywhere

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

It’s a big day today.  The U.S. plays Belgium in the World Cup this afternoon. We’ve already covered it twice from a workplace morale and absence perspective, so we thought it appropriate to revisit perhaps the most notorious incident of the World Cup so far: A Workplace Violence Incident. My colleague, Chris Engler, gives us… Continue Reading

A Note from the U.S. Coach is a Great Idea, But Not a Good Excuse

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

First off, let me say that I’m really obsessed with enjoying this year’s World Cup. But Thursday presents some special problems for employers.  The United States Men’s Team has a very important game at 12 ET.  Right in the middle of the lunch hour (or two?).  Beat or tie Germany and the U.S. is through to… Continue Reading

For Connecticut Employers, First Amendment Case Will Have a Small Impact

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

Much will be written about the new First Amendment free-speech-in-the-workplace case decided by the U.S. Supreme Court today. But frankly, I wouldn’t be surprised if most of them say nearly the same thing — that testimony by an employee who has been subpoenaed outside the course of his or her job responsibilities is now protected… Continue Reading

World Cup Fever: Workplace Considerations Before Giving Out That Red Card

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

Among the things I like about having a blog as long as I’ve had is that it provides a snapshot back in history. Back in 2010, I did a post about how the World Cup would likely disrupt the workplace with everything from streaming videos to vacation time being used.  I noted that even then,… Continue Reading

Court: Contract That Allows Employer to Raise Employee’s Salary Also Means No Decreases

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

So, remember back in February where I noted that employers ought to “consider having an attorney review some of your [employment] agreements … [because sometimes,] poor drafting can sometimes be avoided by having an attorney involved”? We have another appellate court case that emphasizes that point quiet well in Stratford v. Winterbottom. The case involves a town… Continue Reading

Picking a Fight: The State of the Law for Noncompete Agreements in Connecticut

Posted in Highlight, Laws and Regulations, Legislative Developments, Manager & HR Pro’s Resource Center, Wage & Hour

The New York Times this morning has an article that suggests that non-compete agreements are being used increasingly in a broader array of jobs. His evidence? Well, the article doesn’t cite that. Though, to the reporter’s credit, in noting the discussion going on in Massachusetts over legislation on the topic, he cites to a trade… Continue Reading

Throwback Thursday: Why Your Offer Letters and Employee Handbooks Have Disclaimers #tbt

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

On Twitter and Facebook, the concept of “Throwback Thursday” (or #tbt) has become quite popular.  Typically, it’s a picture from long ago that you’ve forgotten.The theory behind why its so popular is that there is still gold to be mined out of older things. I was thinking about that concept lately when it comes to blogs and employment… Continue Reading

BREAKING: Connecticut DOL Releases New FMLA Regulations for School Paraprofessionals

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

You won’t find it (at least easily) on the Connecticut Department of Labor’s website.  (The Department’s FMLA page is void of any reference as well.)   But late last month the CTDOL quietly released new regulations governing FMLA leave rights to school paraprofessionals.  I’ve asked my colleagues, Jessica Ritter and Henry Zaccardi, to recap the… Continue Reading

Paying Employees Every Other Week Is a Great Idea. It’s Also Illegal.

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

Sure, the headline is click-bait. Designed to get your attention. But it’s actually true.  Connecticut law requires employers in Connecticut to pay their employees on a weekly basis.  Conn. Gen. Stat. Sec. 31-71b states it in sorta plain English. [E]ach employer … shall pay weekly all moneys due each employee on a regular pay day,… Continue Reading

Summer Fun: Hot Dogs or Wage & Hour Issues for Unpaid Interns?

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

While the temperatures this morning didn’t feel much like summer, the season is upon us. And be honest — when you think of summer do you think a) hot dogs or b) wage & hour issues for interns? If you answered b), you probably need some help.  Which is why my colleague Jarad Lucan has drafted this timely… Continue Reading

Wage Claim Is Not a Unfair Trade Practices Claim Too, Rules Court

Posted in Highlight, Litigation, Wage & Hour

Management-side lawyers like myself like to joke that a former employee can sometimes sue any employer for any reason at any time. It’s not true, of course, but at times it feels like there is no limit to the creativity of lawyers filing claims against employers. One such tactic was recently rejected by the federal… Continue Reading

Legislative Wrapup: Minimum Wage, Paid Sick Leave and Not Much Else

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

I’ve previously touched on a number of bills that were passed in the short legislative session that ended earlier this month but I thought I would recap the session briefly in one post. Of course, the CBIA already did most of the work so I won’t repeat the good work and recommend the post to… Continue Reading

Guest Post: Women’s Economic Security Act May Serve As Model for Other States

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

With Congress in gridlock, we haven’t seen any federal laws impacting employment law for several years. Instead, we’ve now started to see a lot more action at the state legislative level where proposals to modify everything from family leave to the minimum wage are being passed in, it seems, increasing numbers. Therefore, what happens in… Continue Reading

Split of Authority Develops on Issue of Judicial Approval for FLSA Settlements

Posted in Class Actions, Litigation, Wage & Hour

Your former employee files suit against your company in federal court in Connecticut claiming that she is entitled to overtime under the Fair Labor Standards Act.   You go to a settlement conference before a magistrate judge. After a few hours of back and forth negotiation, you reach a settlement with the ex-employee. Is judicial approval of the… Continue Reading

Paid Sick Leave Gets “Healed” By General Assembly

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

In the hours before the General Assembly’s 2014 session closed, there were a number of bills being watched by employers.  I’ll have an additional recap of the session in the days ahead, but one bill that passed on Wednesday night made a number of small, but important, changes to the state’s Paid Sick Leave law… Continue Reading

CTDOL’s Interpretation of Travel Time Not “Reasonable”; What Happens Next?

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

So if last Tuesday’s post about the latest Connecticut Supreme Court decision on travel time was for employers, this post is for the ones who love the nuances of the law. Dan Klau on his Appealingly Brief blog did a deep dive into the decision. And it wasn’t pretty. The issue Dan highlights is this:… Continue Reading

Driving With A Headache: Commuting Time With Tools Not Compensable, Connecticut Court Rules

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

In a decision officially released today, the Connecticut Supreme Court (Sarrazin v. Coastal, Inc.) has concluded that a plumbing foreman who carried his tools to and from work was not entitled to be compensated for his commuting time. That’s about the only simple thing about the decision for employers. The case addresses complicated and head-spinning issues such as pre-emption,… Continue Reading

“Wage Theft”: The Trendy Phrase That May Not Mean What You Think It Means

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

Over the last few weeks, I’ve been seeing more tweets from human resources types and mainstream reporters using the phrase “wage theft”.  Two recent examples? William Tincup (who runs the popular online DriveThruHR show that I appeared on a while ago) recently tweeted: RT Wage Theft Another Assault on Workers’ Compensation http://t.co/iXmbHnASUL @jongelman — William Tincup,… Continue Reading

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