Topic: Overtime

New US DOL Pilot Program Aims to Resolve FLSA Disputes More Quickly

The U.S. Department of Labor (DOL) has announced a new nationwide pilot program to facilitate resolution of potential overtime and minimum wage violations under the federal Fair Labor Standards Act (FLSA). When launched, the Payroll Audit Independent Determination (PAID) program will allow employers to conduct self-audits of their compensation practices for potential non-compliance and resolve…

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Connecticut Supreme Court Rules Against Use of Fluctuating Workweek Method in Calculating Overtime Pay for Retail Employees

On August 17, 2017, in Williams v. General Nutrition Centers, Inc., the Connecticut Supreme Court invalidated the fluctuating workweek method of calculating overtime pay for retail employees who are paid in whole or in part by commission.  The effect of this ruling is particularly significant to multi-state retail establishments with Connecticut employees, as the ruling…

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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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Grammar and Overtime

This is a story about grammar (specifically, the “serial comma”) and the overtime law of the State of Maine. The U.S. First Circuit Court of Appeals recently decided whether certain fresh food delivery drivers are entitled to overtime pay.  For those of us who spend much of our time and make our livings trying to…

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Latest Developments from the Connecticut General Assembly: January 31st Public Hearing

On Tuesday, January 31, 2017, the General Assembly’s Labor and Public Employees Committee will conduct a public hearing on the following proposed bills: Proposed H.B. No. 5151 AN ACT CONCERNING TIMETABLES FOR MUNICIPAL BINDING ARBITRATION. This proposed bill would require all municipal employers and unions to complete negotiations within one year from the date that…

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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 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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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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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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