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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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 Department of Labor Opines That The Fair Labor Standards Act Sets The Floor With Respect To Wage Standards For Disabled Workers

On November 17, 2016, the U.S. Department of Labor issued new guidance on the payment of subminimum (or special minimum) wages to workers with disabilities.  As many are aware, Section 14(c) of the Fair Labor Standards Act (“FLSA” or “Act”) authorizes the DOL to issue certificates permitting employers to pay subminimum wages to workers who…

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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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Coming To A Workplace Near You: “Legal” Bi-Weekly Pay, Direct Deposit and Pay Cards

A prominent portion of Connecticut workplaces provide payment to employees via a bi-weekly pay check, with the weekly pay check almost an anachronism. In addition, many workplaces pay their employees by “direct deposit” of wages into the employees’ bank accounts.  To be blunt, many of these arrangements have been less than legal under Connecticut’s wage-hour…

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A Tip for Employers: Be Aware of How the Department of Labor Interprets Its Regulations

This story applies directly only to the restaurant industry, but it is a cautionary tale for every employer in Connecticut subject to the Department of Labor’s authority to write and interpret its regulations. The federal Fair Labor Standards Act and almost all state wage-hour laws recognize “tip credit” – which means that the employer of…

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Once An Employee – Never A Volunteer

It should be obvious that employees cannot be required to perform services for their employers as “volunteers.” This is properly seen by the Department of Labor as a ruse to avoid paying wages or overtime. By contrast, volunteers such as those who donate their services to public service, religious or humanitarian organizations, are not considered…

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