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Outside Sales Exemption from Overtime Pay Not as Simple as You Might Think.

Many employers seem to think that they can pay an employee who is involved in selling products away from the workplace a salary and commission without having to worry about overtime pay.  In some cases, employees are true, exempt outside salespeople.  However, often these employees have been misclassified and are, in fact, due overtime. The … [Read More]

Posted in Employee Rights, Uncategorized, Unpaid Overtime Wages, Wage / Hour, Wage and Hour Law | Tagged , , , , , , | Leave a comment

D.C. Court Allows Whistleblower’s Court Case to Proceed!

A federal court in Washington D.C. has denied an employer’s motion to dismiss the claims of a female executive at a non-profit company who was fired after she complained about gender discrimination. Read the Opinion & Order here.  In this case, the executive alleges that she experienced discrimination in the form of reduced responsibility and … [Read More]

Posted in Discrimination, Employee Rights, Employer Retaliation, Gender, Retaliation, Uncategorized, Whistle Blower, Whistleblower Rights, Workplace Harassment, Wrongful Termination | Tagged , , , , , , , , , | Leave a comment

New Haven Legal Aid Wins for Unpaid Employees!

Last week, a federal judge sitting in Connecticut sided with employees in awarding damages to four persons hired to clean movie theaters.  In Tapia v. Mateo, et al., 3:14-cv-00247 (D. Conn. March 31, 2015, Doc. No. 19), the employees in question were expected to clean movie theaters seven days per week for a mere $40 … [Read More]

Posted in Connecticut News, Employee Rights, Wage / Hour, Wage and Hour Law | Tagged , , , , , , , , , | Leave a comment

Some Employers Make Employees Pay to Work!

As you can imagine, this practice is not legal. A Connecticut statute specifically prohibits this Depression era practice. Conn. Gen. Stat. §31-73 provides that employers may not: Demand, request, receive or exact any . . . sum of money . . . from any person upon the representationor the understanding that such . . . … [Read More]

Posted in Independent Contractor, Uncategorized | Tagged , , , , , , , , , | Leave a comment

Fresh Market Department Managers Defeat Employer’s Motion!

Yesterday, a federal judge in Connecticut denied Fresh Market’s Motion for Summary Judgment (a kind of motion to dismiss a case) and has allowed the plaintiff Department Managers to continue seeking unpaid overtime in court.  In this case, the Department Managers (represented by the Hayber Law Firm) were paid a type of “half time overtime” … [Read More]

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

Connecticut Supreme Court Takes Up Whistleblower Case!

The Connecticut Supreme Court will hear arguments today in a case against Swiss bank UBS by a former employee. In this case, the former employee sued UBS after he was terminated, allegedly because he complained that various assets held by UBS were overvalued and, as such, would harm investors. See www.wsj.com. Mr. Trusz claims that … [Read More]

Posted in Connecticut Supreme Court, Whistle Blower, Whistleblower Rights | Tagged , , , , , | 1 Comment

Double Damages for Overtime and Minimum Wage Violations in Connecticut May Soon be Mandatory!

Earlier this week Attorney Daniel Schwartz wrote a blog post titled Proposed Bill Would Double Damages for Overtime Violations. I disagree with several points made in this post.  The problem isn’t with the law, it’s with the fact that employers continue to misclassify their employees and underpay them. To begin with, the proposed Connecticut rule … [Read More]

Posted in Class Actions, Employee Rights, Wage / Hour | Tagged , , , , , , , | 4 Comments

Payless Shoes Pays its Managers Less, Settles Case for $2.9 Million

On March 14, 2014, a group of Payless shoe store employees, specifically Store Managers and Store Leaders, filed a complaint in a Connecticut federal court alleging that they had been misclassified under the  Fair Labor Standards Act and therefore wrongfully denied overtime pay.  (Shallin et al. v. Payless Shoesource, Inc. et al., Case No. 3:14-cv-00335-RNC.) … [Read More]

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

U.S. Supreme Court Upholds DOL Rule that Mortgage Loan Officers Are Entitled to Overtime Pay

Yesterday, the U.S. Supreme Court reversed a federal appeals opinion that had invalidated a U.S. Department of Labor interpretation stating that Mortgage Loan Officers are entitled to overtime pay.Click here to read the Supreme Court Opinion. The details of the opinion are tricky, and involve how the U.S. DOL makes its rules and whether it … [Read More]

Posted in Class Actions, Employee Rights, Unpaid Overtime Wages, Wage / Hour, Wage and Hour Law | Tagged , , , , , , , , | 1 Comment

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]

Posted in Employee Rights, Newsletters | Tagged | 1 Comment
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