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

Category Archives: Wage & Hour

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Opt In or Opt Out or Both? Collective and Class Actions in Wage & Hour Cases

Posted in Class Actions, Highlight, Litigation, Wage & Hour

A limo driver believes that he should be paid overtime.  He brings a lawsuit on both state and federal wage & hour laws.  But he believes that other similarly situated drivers should also be part of his lawsuit. How does that happen? Well, he asks the court to represent all the other drivers as well…. Continue Reading

Are You a Joint Employer? It May Depend on the Court’s Test

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

Can an employee work for more than one employer at the same time? Under a theory of law called “joint employment”, the answer is yes. But how do you make that determination? Suppose a private bus company provides services all over Connecticut. It’s largest customer happens to be a very large private university in the state. The… Continue Reading

Julia Roberts Would Not Be Impressed: Mystic Pizza Cited for Wage/Hour Violations

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

Oh, Mystic Pizza! In Connecticut, we all know that Mystic Pizza isn’t the best pizza in the state.  (I’m not even going to get into the argument about Pepe’s, Sally’s, or Modern in New Haven.)  One of my favorites is actually Harry’s Bishops Corner. But Mystic Pizza still has a place in many of our hearts… Continue Reading

The Telegraph Is No More. And Neither Is the Law Regarding Telegraphs.

Posted in Legislative Developments, Wage & Hour

A year ago, I called on the legislature to update its employment laws to reflect modern realities.  (It’s actually something I’ve done for a number of years, but who’s counting?) One of the laws I highlighted restricted “telegraph” companies from distributing goods or messages in the overnight hours.  Because the telegraph no longer is used… Continue Reading

“Consider” This Important: Employment Contracts Are a Two-Way Street

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

My colleague Chris Engler reports today on a new Connecticut Appellate Court case that focuses on a often misunderstood concept in employment contracts — the need for “consideration”.  What was it that Dire Straits’ sang about in the 1980s? Getting “Money for Nothing”? We’ve all been told that you can’t get something for nothing.  That… Continue Reading

How Long Can You Enforce a Non-Compete Agreement For?

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

Back in June, I talked about the standard that courts will follow in deciding whether or not to enforce a non-compete agreement between an employer and an employee.  (Go read it here first.) But many employers want to know something more straightforward: How long can I make the restrictive covenant in my agreement; in other… Continue Reading

Domestic Violence Awareness: Resources for Employers

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

This post is not going to discuss, in my view, the NFL’s inadequate response over the years to domestic violence incidents by players in the league.  (If you want to listen to a full take down of the NFL, I recommend Slate’s The Gist podcast from yesterday.) Rather, I want to talk today about how… Continue Reading

Paper Trail: DOJ Brings Issue of Hiring Documentation to Forefront

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

Late Friday, you might have (ok, I’m sure you did) missed a press release from the United States Department of Justice announcing a settlement with a staffing agency in California. The charge? That a staffing company “discriminated against work-authorized non-U.S. citizens in violation of the Immigration and Nationality Act (INA).” Now, I’m sure you all… Continue Reading

Do Camp Counselors and Baby Sitters Have to be Paid Minimum Wage?

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

My kids are at overnight camp this week and of course, my brain never stops thinking about cute employment law lessons that can be gleaned from everyday experiences. So, you may wonder: do camp counselors who, after all, spend 24/7 with the kids, have to be paid minimum wage? And what about babysitters that you… Continue Reading

Three Things Employers Can Do Right Now to Ensure Employment Law Compliance

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

While the temperature hasn’t felt like summer in Connecticut the last few days, judging by the traffic this morning, there are lots of you on vacation this week. If you’re one of the (un)lucky ones working this week, perhaps you have a few extra minutes to tackle some projects that have been on the back burner. In… Continue Reading

Shared Work Program Gets a Refresh With New Regulations from Connecticut Department of Labor

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

One of the better programs run by the Connecticut Department of Labor that gets almost zero publicity is the “Shared Work” program.  For employers, it’s a useful tool when you’re dealing with a temporary slowdown in work. I talked about it five (!) years ago in the midst of the recession so I’m not going… Continue Reading

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