If you’ve ever tried a case in federal or state court, you know that picking a “jury of your peers” is often a challenge for all. Sometimes, otherwise qualified prospective jurors say that they have conflicts with their schedules, while others are all too happy to feel like they are participating in a Law &
Labor Day has come and gone. Summer is over. Can we all stop listening to Despacito now. (Please?)
But it’s time to look at a decision that came out during the dog days of summer that might have been overlooked. A recent federal district court case (Noffsinger v. SSN Niantic Operating Co. LLC, download …
In a decision that will be officially released next week, the Connecticut Supreme Court has, at last, ruled that punitive damages are not an available remedy for state law employment discrimination claims.
You may recall that I discussed the Appellate Court’s decision that had originally found the …
So, your employees are all paid at least minimum wage and overtime. You’re good, right?
Not necessarily, as a recent column in the Connecticut Law Tribune points out. You might need to pay a “prevailing” wage — if you have a contract with the State of Connecticut.
Indeed, as many companies who do business…
It’s tough to draw lessons from appeals of arbitration decisions.
Why? Because the standard to overturn arbitration cases is high and, it’s only when there are really bad facts (or, perhaps more likely, an really bad error in interpreting the law) that appellate courts consider reversing the decision.
That appears to be the case in…
It’s Sunday evening here in Connecticut. If the forecast goes according to plan, I may not have power tomorrow to write about the storm.
Governor Malloy announced this evening that all non-essential state workers are not to report to work on Monday. But those who listened to his news…
Ok, bear with me for a second.
If your employees want to bring a class action against your company claiming that they should’ve been paid overtime, there are typically two ways to do so: Bring a claim under state law, or bring a claim under federal law (Fair Labor Standards Act).
There’s a big difference:…
Over the last few years, I’ve been running a popular post about Columbus Day and the origins of the work holiday in Connecticut. Indeed, it has its foundation as a federal holiday and is listed in the United States Code (5 U.S.C. Sec. 6103).
Columbus Day is officially on October 12th (celebrating Columbus arrival on October 12, 1492), but it is celebrated on the 2nd Monday in October as a result of the federal law. So, if you work for a federal or state employer in human resources, or otherwise, you are likely going to have next Monday off.
But it is also one of those holidays that private employers increasingly have decided do not merit a vacation day. A survey from a few years ago showed that just seven percent of employers in California, for example, give the day off to their employees.
A common question that arises, however, is why? Why do employees for private companies not have to close on a day that has been designated by the federal government as a national holiday?
The answer is actually quite simple: Because Congress didn’t cover private employers in the law. And state law doesn’t mandate any requirements on private employers either. And so, while employees may complaint (perhaps rightly) about the difficulty of some child-care arrangements for some closed schools or otherwise, employer continue to have discretion about the days that it designates as holidays.
Some employers have created their own work-arounds, allowing employees to take 1-3 "floating holidays" for days like this (or other types of holidays, like Yom Kippur or Three Kings Day). That’s a sensible practice. But regardless, these types of policies should be discussed with employees so everyone knows what day is a holiday and what day isn’t.
Today is officially Columbus Day. In prior years, I have written a post on the day and why most people are working today. Given the relevance of the post again this year, I reprint it below (with some slight updates).
Columbus Day is officially on October 12th (celebrating Columbus arrival on October 12, 1492), but …