On Friday, the United States District Court for the Eastern District of Texas issued a controversial decision to vacate the Department of Labor’s (DOL) 2024 overtime rule, months after it went into effect. The decision will generate considerable confusion regarding the white collar exemption because the court’s decision (as of now) bars the application of
administrative
DOL Rule Raising Salary Thresholds (Mostly) Survives Initial Legal Challenges and is Now in Effect
It’s not often that we have to provide day-to-day updates on the status of the United States Department of Labor rule that raises salary thresholds for overtime exemptions, but here we are.
My colleague, Sarah Westby, posted an update yesterday on a major case from Texas in which the state challenged the rule. Late last…
The Biggest Day in Employment Law of the Year
If you had April 23, 2024 as the biggest day in employment law of the year on your bingo card, congratulations. You won. Hands down.
Yesterday was such a blockbuster of a day, it’s hard to wrap your head around it. (My partner Sarah Westby and I have tried, and have summarized the results on…
What You Missed This Summer – FLSA Regulation Proposed Changes
If you’re like me, your brain can only handle so much during the summer months. Between vacations and the start of school, it can be easy to overlook some of the employment law developments from the last month or two. So I thought I’d use the next few blog posts to provide a catch up.
Final Overtime Rule Released; Challenges Ahead for Connecticut Employers
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…
Obama Proposes Changes to White Collar Overtime Exemptions
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…
CAD Detailing and Drawing Job Not Exempt from Overtime, Court Rules
Employees generally are eligible for overtime if they work more than 40 hours of work, unless one of the limited exceptions applies.
Employers typically rely on one of the three white-collar exemptions — administrative, executive or learned professional — when making arguments as to why an employee is not eligible for overtime.
A new federal…
Appellate Court Dismisses Claims Against State On Sovereign Immunity and Exhaustion of Administrative Remedies Grounds
In a decision that will be officially released on Tuesday, November 24th, the Connecticut Appellate Court has ruled that wrongful termination and breach of implied contract claims cannot be brought against the State of Connecticut due to the protections of sovereign immunity.
The case Ware v. State of Connecticut (download here), will be…
State Budget Includes New Office of Administrative Hearings for CHRO and Other Agencies
Within a 702 page state budget, you should always expect surprises.
This year’s budget — passed by the Connecticut General Assembly earlier this week on essentially a party-line vote — has a few surprises including a provision that establishes a new independent Office Of Administrative Hearings.
The OAH will be housed in the Commission…
Court: ADEA Plaintiffs Must Exhaust Administrative Remedies
In this blog, I often focus on the substantive law prohibiting discrimination cases, such as those under ADEA. But a case decided late last week demonstrates the importance of making sure that employees follow the procedural requirements required by law under anti-discrimination provisions..
In Cassotto v. Potter (D.Conn, Oct. 21, 2008) (Hall, J.) (download here)…