Docking Pay of Salaried Employees

A recent question from a client on pay requirements for salaried employees who have exhausted their sick and vacation pay indicates that a refresher on compliance with the salary basis rule under the federal Fair Labor Standards Act might be in order. The applicable federal regulation is found at 29 C.F.R. 541.602. An exempt employee…

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Fiduciary Rule Update – SEC to Consider Broker Dealer and Investment Adviser Standards

The SEC has announced it will hold a public meeting on Wednesday, April 18 at 3:30 p.m. to discuss possible standards for broker-dealers and investment advisers when dealing with retail investors (e.g., small retirement plans, their participants, and IRA owners), signaling that it will consider a new fiduciary standard of conduct and related rules.  At…

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Are Discretionary Bonuses Really Discretionary?

For some years, employment law in Connecticut has seemed to make a clear distinction between bonus plans that are discretionary, and plans that guaranteed payment of a bonus if specified performance criteria were met. In a pair of decisions interpreting Connecticut’s wage payment statutes (Connecticut General Statutes sec. 31-68 and 31-72), the Supreme Court of…

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NLRB SAYS GOOGLE’S FIRING OF DIVERSITY MEMO AUTHOR JAMES DAMORE WAS LEGAL

In a recently released and lightly redacted memo, a staff attorney for the U.S. National Labor Relations Board concluded that Google’s firing of James Damore was legal. Last year, Damore, a Harvard graduate and a little-known engineer at Google, ignited a firestorm when he published a memo in which he criticized Google’s diversity policies and…

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Latest Developments from the Connecticut General Assembly: The Labor and Public Employees Committee has Spoken (Softly, but Firmly)

The March 22, 2018 deadline for the General Assembly’s Labor and Public Employees Committee to approve bills has come and gone. As we expected, the close partisan divide kept the Committee from approving a large number of bills. That being said, and as also forecast in this blog, the gridlock did not keep the Committee…

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New US DOL Pilot Program Aims to Resolve FLSA Disputes More Quickly

The U.S. Department of Labor (DOL) has announced a new nationwide pilot program to facilitate resolution of potential overtime and minimum wage violations under the federal Fair Labor Standards Act (FLSA). When launched, the Payroll Audit Independent Determination (PAID) program will allow employers to conduct self-audits of their compensation practices for potential non-compliance and resolve…

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Is Predictive Scheduling Coming To Connecticut?

In certain businesses where work volume cannot be known in advance, such as outdoor maintenance work that is dependent on the weather and delivery of materials, or service work that is dependent on the volume of customers, employers try to keep labor costs under control by using “call-in” or “just-in-time” scheduling; i.e., having employees call…

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March is Women’s History Month: A Look at 3 Laws Protecting the Rights of Women in the Workplace

According to the U.S. Department of Labor, nearly half of U.S. workers are women. Title VII of the Civil Rights Act of 1964, which prohibits sex discrimination in all aspects of employment, was enacted over 50 years ago, but women still face challenges in the workplace. As March is Women’s History Month, now is a…

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Latest Developments from the Connecticut General Assembly: March 8th Public Hearing

On Thursday, March 8, 2018, the General Assembly’s Labor and Public Employees Committee will conduct a public hearing on the following proposed bills, many of which concern “wage and hour” and leave issues: 1. H.B. No. 5387 AN ACT CONCERNING PAID FAMILY MEDICAL LEAVE. This bill would provide paid family and medical leave benefits to eligible…

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Second Circuit Rules That Title VII Prohibits Discrimination On The Basis Of Sexual Orientation

The Second Circuit Court of Appeals (the federal appellate court covering Connecticut, New York and Vermont), on Monday, February 26, 2018, issued a decision overturning its prior rulings and holding definitively that Title VII’s ban on “discrimination on the basis of sex” prohibits discrimination because of an employee’s sexual orientation. Connecticut state law has since…

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Is a Broken Arm a Disability?

In Connecticut, employees with disabilities are protected from discrimination by both the federal Americans with Disabilities Act (“ADA”) and by the Connecticut Fair Employment Practices Act (“CFEPA”). Some disabilities are obvious and permanent; for instance, no one would dispute that an amputated limb qualified as a disability under the law. However, employers are sometimes faced…

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They’re Back! What Should Employers Expect from the 2018 Connecticut General Assembly Session?

On February 7, the 2018 session of the Connecticut General Assembly began. The session is scheduled to adjourn on May 9, 2018. Numerous proposed bills affecting Connecticut employers and employees will be unleashed during the session, most of which will never see the light of day. The Labor and Public Employees Committee will be where…

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Connecticut Employers Have New Notification Requirement Beginning January 29

The Connecticut Fair Employment Practices Act (CT FEPA) was amended during the past legislative session to enhance the protections available to pregnant women in the workplace. Among the new provisions of the law (which applies to employers of three or more employees as well as the state and political subdivisions) is the requirement that the…

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