Another limousine has been sued for overtime pay! Traditionally, limousine companies don’t pay overtime. They usually pay a fixed percentage of the fee charged to the customer. Sometimes they pay an hourly rate. Very few pay overtime premiums when their drivers work more than 40 hours. This tradition comes from the pre-2008 interpretation of the … [Read More]
Connecticut Department of Labor refuses to enforce minimum wage law for servers! Could cost the average server over $5,000 per year in wages!
For decades, Connecticut had a set of laws and regulations which protected the rights of servers and bartenders better than any state in the country. These “tip credit” laws protected these workers from being paid below minimum wage for non-service work. It was okay to pay them the lower server rate (currently $5.78 per hour) … [Read More]
“Managers” must be “in fact in charge” in order to be Exempt Executives, First Circuit holds. Being “in charge” under the FLSA is not merely a label!
The First Circuit Court of Appeals has made it a little easier for retail managers to succeed in lawsuits for unpaid overtime wages. In an opinion written by former U.S. Supreme Court Justice David H. Souter, the First Circuit Court of Appeals has held that Dunkin’ Donuts Store Managers are not automatically exempt from overtime … [Read More]
Recently, state and federal authorities have been cracking down on companies that misclassify workers as independent contractors when they are truly employees. Connecticut has a very strict rule on this topic – one of the strictest in the country. It requires that an employer prove all three elements of the ABC test rather than just … [Read More]
Generally speaking, state statutes, the First Amendment to the U.S. Constitution, and Article First, Sec. 4 of the Connecticut Constitution protect employees from being disciplined for speaking out in the workplace. A recent case from Pennsylvania nicely illustrates the bounds of the protection, and where the line between protected speech and non-protected speech lies. … [Read More]
If Kim Davis were an employee, could she be fired for refusing to grant marriage licenses to same-sex couples?
Yup. She’s an elected official, so she can’t be “fired,” but if she were an employee, her religious beliefs would not shield her from the essential obligations of her job. Read more here: edition.cnn.com Just because she maintains that her religion prevents her from issuing said licenses does not mean that she is protected from … [Read More]
As of January 1, 2015, there have been new rules applying to workers in the home health industry. This field has been growing rapidly as the U.S. population ages and health care costs increase. Read an overview here: www.harriswilliams.com Most home health workers are entitled to minimum wage and overtime pay now- and yet, … [Read More]
Bill seeking to prohibit employers from using credit check results as a reason not to hire makes good common sense.
“Fail fast, fail often” is a slogan heard around Silicon Valley these days. The tech industry uses it to mean take risks and don’t be discouraged when your venture doesn’t work out- pack it up and start again. However, this doesn’t apply to average, every day workers when employers are allowed to check an applicant’s … [Read More]
Last week, the EEOC held in a case before it that the discrimination based on sexual orientation is discrimination “based on sex,” and therefore prohibited by Title VII of the Civil Rights Act of 1964, the federal law that prohibits workplace discrimination. Read more here. This isn’t the biggest deal in Connecticut, as our state … [Read More]
The U.S. DOL has issued a new “interpretation” regarding when people who work can be classified as independent contractors, and when they must be classified as employees. Read the Administrators Interpretation here. This makes a huge difference: an employee is protected by laws ranging from wage protection to whistleblower protection; and are entitled to … [Read More]