Topic: Department of Labor

Overtime Update

What happened to the Obama administration’s proposed new rule on employee eligibility for overtime pay?  Seven months into the Trump administration, do we know what to expect?  Recent events provide some clarity on these questions. A year ago, many employers were preparing to implement a new rule adopted by the U.S. Department of Labor, under…

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Making Sure Your At-Will Employees Remain At-Will

Almost every state, including Connecticut, recognizes the doctrine of employment-at-will, meaning that in the absence of a contractual provision to the contrary, the employer or the employee can terminate the employment relationship at any time, for any reason or for no reason. There are federal and state statutory exceptions to the employment-at-will doctrine, such as…

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What Is a Regulated Drug Test?

In 1987, the Connecticut legislature passed Public Act 87-551, entitled An Act Concerning Drug Testing in the Workplace, which imposed restrictions on employer-required drug testing (now found at Sections 31-51t et seq of the General Statutes). In general, prospective employees may be required to submit to a drug test as part of the application procedure,…

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How Does the Withdrawal of the DOL’s 2015 and 2016 Informal Guidance on Joint Employment and Independent Contractors by Trump’s Secretary of Labor Impact Employers?

On June 7, 2017, U.S. Secretary of Labor Alexander Acosta announced the withdrawal of the U.S. Department of Labor’s 2015 and 2016 informal guidance documents on joint employment and independent contractors.  In the three sentence press release announcing the withdrawal, the DOL reminded employers that it plans to fully and fairly enforce all laws within…

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The Aftermath: Developments From The 2017 Regular Session of The Connecticut General Assembly Affecting The Workplace

The 2017 Regular Session of the Connecticut General Assembly concluded on June 7, 2017 without passing a budget. As such, the General Assembly will eventually have to convene a “special session”.  In the meantime, our legislature did pass several bills that will affect the workplace in Connecticut.  Among other things, the legislature enacted bills that…

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The Law Governing Unpaid Interns, Part II: Rights Under Federal and State Nondiscrimination Laws

This is the second of two blogs covering the law governing unpaid interns and volunteers. Our first blog reviewed the basic criteria for determining whether a worker can properly be considered an unpaid intern or volunteer. This blog focuses on the rights of these uncompensated workers under federal and state nondiscrimination laws. Federal Law For…

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Dueling Time Cards: The Appellate Court Provides Guidance On Resolving Unpaid Wage Claims

Wage and hour law requires employers to keep true and accurate time records for payment of wages and overtime. This is usually a routine exercise with respect to non-exempt employees, for whom employers will have detailed records provided by payroll companies or their own payroll procedures which are required to show, among other things, the…

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It’s Almost Summer! Time to Review the Law Governing Interns, Part I

It’s that time of year again when employers who take on interns and volunteers for the summer are reminded that they must comply with federal and state wage and hour laws (see our own blogs on this subject here and here). There have been a few new developments in the law governing unpaid workers over…

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Second Circuit Identifies Outer Limits of NLRA-Protected Speech

The National Labor Relations Act (NLRA) generally prohibits employers from retaliating against employees based on their union-related activities or for taking concerted action to improve the terms and conditions of their employment, even in the absence of a union. But an employee can lose the protection of the NLRA if he or she acts in…

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

We earlier had written about the proposed bills that the General Assembly’s Labor and Public Employees Committee voted favorably on and advanced out of committee at its February 21, 2017 and March 2, 2017 meetings. On March 9th, the Committee acted just ahead of its March 14, 2017 deadline and approved the following bills: LEAVES…

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EEOC: Harassment Continues to be a Serious Problem in the Workplace

Unlawful harassment is alive and well in the workplace. According to a report issued last year by a Select Task Force of the Equal Employment Opportunity Commission (“EEOC”) on the Study of Harassment in the Workplace (the “Task Force Report”), almost one third of all charges received by the EEOC in 2015 included an allegation…

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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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Latest Developments from the Connecticut General Assembly: February 9th Public Hearing (and wage/hour bills)

On Thursday, February 9, 2017 (weather permitting), 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” issues: S.B. No. 13 AN ACT CONCERNING THE MINIMUM FAIR WAGE. This proposed bill would increase the minimum wage from the current $10.10/hour…

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Employment-Related Effects of New Executive Orders on Immigration

Many of our readers are undoubtedly wondering about the impact on the workplace of the new administration’s various immigration-related executive orders of the past week. While much of the subject matter of those orders is beyond the scope of this employment-law blog, there are a handful of points that employers and employees should be aware…

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Can FMLA Leave Ever Be Used for the Flu?

The flu season has begun. According to the Connecticut Department of Public Health’s weekly updates, influenza activity is rapidly increasing in Connecticut and throughout the region. Since the flu is contagious, employees should be encouraged to stay home if they come down with the virus, but did you know that leave for the flu (and…

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