Arbitrators Have The Right To Be Wrong: The Second Circuit Speaks About “Deflategate” (And What’s Next)

When we last wrote about “Deflategate”, Tom Brady, the National Football League Players Association [“NFLPA”] and New England Patriots fans were basking in the glory of the reversal of NFL Commissioner Roger Goodell’s unprecedented four game suspension of Brady related to his alleged role in the alleged deflation of footballs before the 2014 AFC Championship…

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Government Releases New Overtime Exemption Rule

Late yesterday (May 17, 2016), the United States Department of Labor finally released its long-awaited new rule for determining which American workers are entitled to overtime pay – time-and-a-half for hours above forty in any workweek – and which are not. On the key issue of the salary threshold – the amount that an employee…

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Travel Time Is Paid Time, Sometimes

Employment typically requires an employee to commute from home to work, and home again at the end of the workday. Department of Labor regulations interpreting the Fair Labor Standards Act recognize that the typical morning and evening commute, referred to in the regulations as home-to-work travel, is not compensable as work time.  This is so…

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New Noncompete Restrictions Pass Connecticut General Assembly

Connecticut may have one more legislative restriction on noncompetition agreements to join the prohibitions of noncompetes on security guards and radio and TV personalities (and lawyers, but that is not a legislative prohibition). On May 4, 2016, the Connecticut General Assembly passed a bill restricting noncompetition covenants for physicians to one year and fifteen miles…

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The Proper Response When an Employer Learns That an Absence Might Be Protected By FMLA

Regulations enforcing the state and federal Family and Medical Leave Acts (note: FMLA is applicable to employers with at least 50 employees) require an employee to give 30 days’ advance notice when the need for leave is foreseeable, but also address the many situations is which advance notice is not foreseeable, such as a sudden…

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Employers Have Flexibility in Applying the Professional Exemption

The basic premise of the Fair Labor Standards Act with regard to overtime pay is that all employees are to be paid overtime unless they qualify for an exemption. Among the exemptions are the three categories known as “white collar workers:” employees whose primary duty is executive, administrative, or professional, as defined in U. S.…

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Post-Friedrichs, The Agency Fee Ground Is Still Shaking Mightily, But For A Different Reason

Agency fee contract provisions in collective bargaining agreements that require public sector bargaining unit employees, as a condition of employment, to pay the union for the cost of contract administration, grievance adjustment and collective bargaining, passed constitutional muster in the 1977 U.S. Supreme Court decision, Abood v. Detroit Board of Education (431 U.S. 209, 97…

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Latest Developments from the Connecticut General Assembly: The Labor and Public Employees Committee Speaks

The General Assembly’s Labor and Public Employees Committee was active before its March 17, 2016 deadline for approving bills, voting favorably and advancing many bills out of committee. Consistent with the Governor’s numerous “second chance” initiatives, the Committee approved a bill that would prevent certain employers from a) requiring job applicants to disclose their criminal…

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The Connecticut Supreme Court Gets an “A”

There are several facets to the question of whether a person who provides services to a business is an employee or an independent contractor. This classification issue affects whether tax withholding is applied to compensation, whether compensation must comply with wage and hour regulations (i.e., minimum wage and overtime rules), whether workers compensation coverage is…

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The Return of “Mental-Mental:” Will Workers Compensation Again Be Extended to Cover Emotional Trauma?

As my partner Mark Sommaruga observed in a recent post, the current term of the General Assembly may consider extending workers compensation coverage to employees who suffer purely emotional trauma, without a causative physical injury. Such an extension of coverage would be a reversion to prior workers compensation law that was amended over 20 years…

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Latest Developments from the Connecticut General Assembly: February 25th Public Hearing

On Thursday, February 25, 2016, the General Assembly’s Labor and Public Employees Committee will conduct a public hearing on several proposed bills.  One of the bills to be discussed would prevent employers from requiring job applicants to disclose their criminal histories until after they have been made a conditional offer of employment; certain types of…

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