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Can my employer make me provide my personal cell phone number for emergency or after hours work calls?

It seems that there are a few issues here- a privacy issue, a working hours issue, and a bill issue. First, there is no law stating that you have a right to keep your personal cell phone number private.  However, if you are worried about inappropriate contact with one or more coworkers (for example, someone … [Read More]

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Compass Group sued in Collective Action alleging Assistant Managers should have been paid overtime.

The compass group, a North Carolina based food-service management and support company, has been sued in a collective action accusing it of failing to pay overtime wages to its assistant managers. Compass group describes itself on its website as the leading food-service management and support services company in the United States and Canada. Claims to … [Read More]

Posted in Class Actions, Unpaid Overtime Wages, Wage / Hour, Wage and Hour Law | Tagged , , , , , , , , , | Leave a comment

Can I be disciplined for taking time off on short notice to care for my sick child?

This depends on whether the FMLA applies to your employer, to you, and to your child’s illness.  Your employer large enough to be covered by the federal FMLA if it has 50 or more employees at or around your workplace (75 for the Connecticut FMLA to apply).  You are covered by the FMLA if you … [Read More]

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Can I date someone at work? What if my boss buys me roses?

With Valentine’s Day approaching, we thought we would tackle this thorny question. Anyway, the answer to the first question depends on your workplace.  For good reason, many workplaces have policies prohibiting or discouraging workplace relationships.  UConn’s policy is a good example.  These policies exist to protect workers who may also be subordinates to the persons … [Read More]

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Can my employer pay me using a pre-paid ATM card?

Maybe not.  Often, the banks that issue these cards charge fees to withdraw money or use them to pay for items.  This results in you being paid less money for your work.  An employee in California who was paid her final wages on one of these cards filed a lawsuit, which was recently settled. Read … [Read More]

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Can I be paid a different rate at the same job when I do different work?

Yes, employers may do this. If you are performing different types of tasks for the same employer, it can pay you a different rate for the different work you are doing. This may be appropriate for servers, for example, who perform both serving duties (which may be paid at the lower, “tip credit” rate) and cleaning … [Read More]

Posted in Newsletters, Wage and Hour Law | Tagged | Comments Off

I’m not getting paid for the overtime hours I work, and my employer has a “no-overtime” policy. If I clock out and continue to work, should I still be paid for those hours?

A federal appeals court just held that the employer is liable for overtime worked by hourly employees if it knows or should know that the employee is working the hours, even if it has an official policy of not allowing overtime pay. The Eleventh Circuit Court of appeals held that an employee who worked after clocking … [Read More]

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Federal Court in Massachusetts Dismisses Challenge to GNC’s “Chinese Overtime” Policy – Plaintiffs likely to appeal!

  On January 13, 2015 a federal judge in Springfield Massachusetts dismissed the case challenging GNC’s halftime overtime policy sometimes referred to as “Chinese overtime.” This case presents many interesting issues including presidential politics. Plaintiff Joseph Lalli was a store manager of the GNC retail store in Massachusetts. For his work each week he was … [Read More]

Posted in Class Actions, Unpaid Overtime Wages, Wage / Hour, Wage and Hour Law | Tagged , , , , , , | Comments Off

My employer won’t give me a W-2 form so that I can do my taxes. What do I do?

Employers must provide employees with a W-2 form if the employee was paid more than $600 in the year in question; and Income, social security, or Medicare tax was withheld (or would have been withheld if the employee had not claimed exemption). Employers have until January 31, 2015 to provide you with a W-2 for … [Read More]

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Are alcoholism and other addictions considered disabilities that my employer has to accommodate?

Yes and no. An employer never has to allow an employee to come into the workplace intoxicated or refrain from disciplining and/or terminating an employee who does so.  However, there are aspects of the recovery process that employers must treat as a disability.  For example, if you need time off to get treatment, this request … [Read More]

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