Topic: fair labor standards act

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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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 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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Connecticut Congressman Sponsors “Payroll Fraud Prevention Act”

Readers of this blog will be aware that the misclassification of employees as independent contractors has been a major concern of state and federal authorities for several years. Employers don’t provide workers compensation insurance for independent contractors, they’re not eligible for unemployment compensation benefits, and they’re not paid overtime if they work more than 40…

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Revamping Overtime Regulations: No Specifics Yet

President Obama announced this week that he is directing the Secretary of Labor to “modernize and streamline” existing overtime regulations under the Fair Labor Standards Act. He characterized the current regulations as “outdated,” and instructed the Secretary to “consider how the regulations could be revised to update existing protections consistent with the intent of the…

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What is a Workday?

Connecticut has an interesting statute, Conn. Gen. Stat. 31-21, which declares that “eight hours of labor performed in any one day by any one person shall be a legal day’s work unless otherwise agreed.”  But what is the meaning of a ‘legal day’s work,” and does it restrict employers and employees who would like to…

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