Author: Jonathan Orleans

Is Disloyalty Its Own Reward?

May a disloyal employee keep the compensation his employer paid him, even while he was betraying his employer’s trust? In a recent case, the Connecticut Supreme Court said “yes, at least in some circumstances.”  Here’s the story. The employee – we’ll call him Bill – worked for a building contractor – we’ll call it W…

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Please Join Us – New Developments In Labor & Employment Law: April 20, 2017

We are pleased to announce that Pullman & Comley will be hosting our annual Labor & Employment Law seminar this April in Trumbull, offering our perspective on developments over the past year and what the Trump Administration, and the 2017 session of the Connecticut General Assembly, may mean for Connecticut employers. The seminar is open to…

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Honesty is the Best Policy

May an employer fire an employee for lying about the reason for an absence? In a recent decision, the Connecticut Appellate Court said “yes.” Orlando Martinez worked for Polar Industries as a machine operator. He was called for jury duty on October 21, 2013.  His employer didn’t grant paid sick days, but did pay employees…

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News Update: Texas Judge Enjoins Enforcement of U.S. DOL’s Overtime Rule Set to Take Effect on Dec. 1

Judge Amos Mazzant, the President Obama-appointed federal judge sitting in the U.S. District Court for the Eastern District of Texas, issued a decision on November 22, 2016, granting an emergency injunction against the United States Labor Department’s overtime rule.  The rule, previously set to take effect Dec. 1, doubles (to $47,476) the salary threshold for…

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Wake Up! The New Overtime Rule Takes Effect Soon!

It’s September 6, the day after Labor Day, symbolically the end of summer, traditionally the first day of school, and psychologically the beginning of the homestretch on the year. It’s also 85 days until December 1, which is the effective date of the new federal rule on who qualifies for the white-collar overtime exemptions. If…

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Connecticut Supreme Court Reaffirms the Right of an Employer to Determine When Commissions Are Paid

As a general proposition, under Connecticut law an employer has the right to determine the wage that will be paid for work performed by an employee, subject to basic requirements such as minimum wage or overtime. For wages that are paid as commissions, this means that the employer determines in its commission plan both how…

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The ABC’s Of Worker Classification Are Once Again Before The Connecticut Supreme Court

We have blogged before about the “ABC Test,” used in Connecticut to determine whether a worker is considered an employee for purposes of eligibility for unemployment compensation benefits. Most recently, my partner Michael LaVelle discussed a 2016 Connecticut Supreme Court decision, Standard Oil of Connecticut, Inc. v. Administrator, in which the Court held that workers…

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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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Federal FMLA Regulations Recognize Same-Sex Marriages

The U.S. Department of Labor today announced changes to the regulations that define a “spouse” for purposes of the federal Family and Medical Leave Act.  The changes fully implement the U.S. Supreme Court’s decision in United States v. Windsor, which struck down the Defense of Marriage Act.  That statute had defined the terms “marriage” and…

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