Back in June, after the Supreme Court’s ruling on same-sex marriage, I made a fairly easy prediction:

The federal FMLA is also anticipated to undergo some pretty big changes in states that approve same-sex marriages. Already in 2010, the FMLA regulations suggested that married same-sex couples could take time off to care for a newborn

In helping employers on wage and hour issues, I’m struck sometimes by the occasional failure to maintain proper records on their employees.

For employers, payroll companies now offer to help an employer with such records and can often provide some of the information once the employer shares it with them.

The Connecticut Department of Labor lists eight types of wage & hour records that all employers, regardless of size must keep. They are:

  • The employee’s name and address.
  • The employee’s occupation.
  • The total daily and total weekly hours worked, showing the beginning and ending time of each work period, computed to the nearest unit of 15 minutes.
  • The total hourly, daily or weekly basic wage.
  • The overtime wage as a separate item from the basic wage.
  • Additions to, or deductions from, wages each pay period.
  • Total wages paid each pay period.
  • Working papers/statements of age for each employee under the age of 18.

The employer must maintain these records on their premises, though I haven’t heard of the Department coming down on an employer when such records are maintained electronically in the “cloud” — which is technically off-site.

But employers should consider going beyond the minimum.  If the Department of Labor does decide to do an investigation, it is likely that they will seek the following eight types of documents, at a minimum:
Continue Reading Sixteen Types of Wage & Hour Records Employers Need to Keep

Last week, a federal judge in New York ruled that unpaid interns on the movie “Black Swan” should have been paid for their work, under the Fair Labor Standards Act (FLSA).

You can download the decision in Glatt v. Fox Searchlight here.  The court relied on the six factors that have been outlined by

The Department of Labor today proposed new regulations of the FMLA that would explain further the military family leave provisions and incorporate some special provisions for airline flight crews. 

The new proposed regulations are in response to the National Defense Authorization Act for Fiscal Year 2012 which amended the FMLA to extend the military caregiver

As expected, the United States Department of Labor today released its proposed changes to the companionship and live-in worker regulations under the Fair Labor Standards Act.  What was unknown was how significant the proposed changes would be.

The short answer: Pretty significant.  The regulations substantially limit the companionship exemption under wage & hour laws to

This is the second in a series of posts on the new Paid Sick Leave Guidance from the Connecticut Department of Labor.

Back in June, I discussed who is a “service worker” under the new Paid Sick Leave law.  It is a detailed list that  includes butchers and bakers but not candlestick makers.

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The Connecticut Department of Labor has issued its long-awaited guidance this morning on the new Paid Leave Law that becomes effective on January 1, 2012.

You can download the CTDOL’s guidance here.

My cursory review of the guidance indicates that it answers some questions that have been floating out there — albeit in ways

With all the publicity about paid sick leave (effective January 1, 2012 — you’re ready, right?), it’s important not to forget that there are plenty of other employment laws that employers have to consider.

Photo Courtesy Library of Congress

Over the last few years, there’s been more agency