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Walsh Construction being sued by Project Accountants and Administrative Assistants.

Walsh Construction Company, the giant construction company from Illinois, is being sued for overtime pay by its Project Accountants and several of its administrative assistants. The administrative assistants claim that they worked overtime but were never paid for the extra hours. The Project Accountants claim that they were misclassified as exempt professionals when in fact … [Read More]

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FedEx Ground Drivers are misclassified as Independent Contractors, says Court of Appeals!

  FedEx Ground has recently lost a ruling from a federal court of appeals in a suit brought by its delivery drivers. Those drivers are classified as independent contractors by FedEx, but the Ninth Circuit Court of Appeals says FedEx is wrong. FedEx Ground drivers brought lawsuits all over the country, including in Connecticut and … [Read More]

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Hearing in GNC “half time overtime” case set for November 12, 2014.

    In April, I wrote a post about inside sales workers and how their overtime pay is calculated. One of the companies who is being sued is GNC. The lawsuit alleges that they pay their inside sales workers ½ overtime instead of time and a half. GNC claims that they are entitled to pay … [Read More]

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Late paycheck results in FLSA claim!

A federal court recently ruled that late paychecks resulted in a violation of the Fair Labor Standards Act. In Martin v. U.S., the federal government paid its workers approximately two weeks late because of the government shut down in October 2013.  The court concluded that the FLSA is violated when an employer fails to pay … [Read More]

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What is the “prevailing wage?”

You may have heard this term or come across it as a part of the federal government and Connecticut’s wage laws. Generally, the prevailing wage is the wages, benefits, and overtime paid to employees engaged in manual labor in a particular area. State and federal agencies set the prevailing wage for employees paid under a … [Read More]

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What kind of records does my boss have to keep regarding my employment?

Under Connecticut law, employers of hourly workers have to keep the following records: *    The employee’s name and address. *    The employee’s occupation. *    The total daily and total weekly hours worked, showing the beginning and ending time of each work period, computed to the nearest unit of 15 minutes. *    The total hourly, daily … [Read More]

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Can my boss enforce the non-compete I signed?

Probably.  People often want to get out of non-compete agreements, and it’s harder than most people think it will be.  Generally, these agreements prohibit you from working in the same geographical area doing the same type of business for a period of time.  As long as these restrictions are reasonable, courts will usually enforce them.  … [Read More]

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Dr. David Weil of the United States Department of Labor listens to employees’ overtime concerns.

I was very pleased yesterday to participate in a “listening session” conducted by Dr. David Weil, administrator of the Wage and Hour Division.  Dr. Weil spent an hour on the phone with several employees from around the country who shared their experiences and opinions on the topic of overtime laws and regulations. President Obama issued … [Read More]

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Ocean State Job Lot sued again by its Assistant Managers!

  In 2009 the northeast retailer Ocean State Job Lot was sued by a class of Assistant Managers claiming that they should be paid overtime.  They are classified as “exempt executives” by Ocean State and not paid any extra wages when they work past 40 hours in a week.  That case was filed in Connecticut … [Read More]

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What happens if my employer files for bankruptcy?

In this instance, you, as an employee, are in a better position than most of the employer’s creditors.  Employees are considered “secured creditors” under bankruptcy law, and are therefore given priority if they are owed unpaid wages.  The bankruptcy court supervising the bankruptcy will decide who gets paid what out of the employer’s remaining assets, … [Read More]

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