Topic: Agreement

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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The Same Actor Defense Requires the Same Stage

Employment defense lawyers are fond of the “same actor” defense to discrimination claims because it combines legal theory and common sense. The same actor inference can be used in cases based on claims of discrimination on account of characteristics such as race, gender or ethnicity, where the same supervisor both hired and fired the plaintiff.…

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Finding Ways to Sue

An employee who is terminated from employment does not have a legal right to sue the employer simply because he believes that the termination was “unfair.” While union contracts typically contain a provision that discipline, including termination, be for just cause, there is no similar statute or rule of law that protects non-union employees generally.…

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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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Differences in Public Policy Can Affect Claims of Wrongful Discharge

Most jurisdictions, including Connecticut, recognize a tort of “wrongful discharge” as an exception to the principle of employment at will. Although employment at will generally allows either the employer or the employee to terminate the employment relationship at any time, employers may not use employment at will to justify the termination of an employee for…

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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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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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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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Don’t You Forget About Me! Mandatory Paid Sick Leave and Expiring Collective Bargaining Agreements

As you may recall, in 2011, Connecticut become the first state in the nation to enact mandatory paid sick leave legislation.  This mandatory paid sick leave law, which became effective January 1, 2012, required most public-sector employers with more than 50 employees – such as school boards and municipalities — and most non-manufacturing, private-sector employers…

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