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Posts “Fired!” Places Unemployment in a New Perspective “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! 100% Commission Inside Sales-Persons Entitled To Overtime in Mass! 2015 Changes to the Minimum Wage and Overtime Rules Applying to Home Health Workers Accomodating Disabilities in the Workplace Adoption and Leave Time AIG Executives’ Right to Bonuses Alcoholism and Work Attendance Question Alternate Overtime System Am I covered by wage and hour laws if I’m working because a court sentenced me to community service? Americans with Disabilities Amendment Act passed by the Senate An Employment Lawyer’s Reflections this Labor Day Weekend Appellate court permits fitness for duty exam for “stressed out” employee. Application of Unemployment Benefits Are alcoholism and other addictions considered disabilities that my employer has to accommodate? Are auto damage appraisers entitled to overtime pay? Are bonuses wages? – Part III Are insurance underwriters entitled to overtime pay? Are there “Harvey Weinsteins” in Connecticut? Assistant Store Manager sues Ocean State Job Lot Babysitter Employment Rights Back to School Edition: Can I be fired or disciplined for leaving work when my kid is sick? Being Forced to Quit Versus Being Fired Bill seeking to prohibit employers from using credit check results as a reason not to hire makes good common sense. Billionaire owner of Gristedes grocery stores held personally liable for wages! BJ’s sued a third time for same wage violation! Bonuses are wages says the Appellate Court! Boston Market sued for overtime by Assistant Managers BREAKING NEWS: 2d Circuit rules Rx Reps Get Overtime! BREAKING NEWS: SECOND CIRCUIT ALLOWS CLASS ARBIRTATION OF EMPLOYMENT DISPUTE BREAKING NEWS: SEVENTH CIRCUIT SAYS CLASS ACTION WAIVERS VIOLATE NLRA AND ARE UNENFORCEABLE Cable Installers are employees (not independent contractors)! Campaign for Paid Family Leave! Can a “Joke” Qualify as Sexual Harassment in Connecticut? Can a potential employer revoke a job offer based on the results of a medical exam? Can AIG avoid paying out retention bonuses? Can an employer do a background check before hiring me? Can an employer fire me for violating a rule I didn’t know about? Can companies get away with all these robo-calls? Can employers post job advertisements stating that unemployed candidates will not be considered? Can Employers Refuse to Accommodate a Pregnant Employee Can ESPN Fire Jemele Hill? Can Fox News Be Sued Again, Even Though It Fired Bill O’Reilly (and what is a “falafel thing” anyway) Can I be disciplined for taking time off on short notice to care for my sick child? Can I be disciplined for using my sick days? Can I be fired because of my race? Can I Be Fired Because Of The Coronavirus? Can I be fired for divulging my employer’s sensitive information if I believe that it is an issue important to the public? Can I be fired for Facebook posts or “likes”? Can I be fired for reporting potential securities fraud? Can I be paid a different rate at the same job when I do different work? Can I be paid time off instead of overtime pay when I work more than 40 hours in a week? Can I be punished for protesting against something my boss says that I believe is wrong? Can I be refused leave from work necessary because of family violence? Can I collect unemployment if I am not completely unemployed? Can I date someone at work? What if my boss buys me roses? Can I file for bankruptcy if I have a lawsuit going against my employer? Can I get paid family leave if I or a family member gets seriously ill or injured? Can I still claim unpaid overtime if I don’t remember exactly how many hours I worked and I didn’t keep records? Can I sue for unpaid wages if my employer has already been subject to a DOL investigation? Can I take paid sick leave in Connecticut even if the FMLA does not apply to me? Can I use my personal email for work purposes? Can my boss be really mean to me? Can my boss decide to take away my bonus based on purely subjective factors? Can my boss deny me a lunch break? Can my boss deny me FMLA leave even if I didn’t mention the FMLA? Can my boss enforce the non-compete I signed? Can my boss fire me because he wants to hire someone whom he can pay less? Can my boss fire me for having to care for a disabled relative? Can my boss fire me for testifying about misconduct in the workplace? Can my boss fire me or take another adverse action against me for complaining about an unsafe workplace? Can my boss make me share my tips? Can my boss make me work as a free intern? Can my boss make me work extra while’s he’s away on a sunny vacation? Can my boss pay me commissions for inside sales, but no overtime? Can my boss prohibit me from speaking a foreign language on the job? Can my boss prohibit me from talking about my pay with other employees? Can My Boss Retaliate Against Me for Striking? Can my boss tell me I can’t take FMLA leave? Can my city establish a higher minimum wage than other cities in my state? Can my employer cancel my shift before I even get there? Can my employer change me from salary to hourly? Can My Employer Charge Me a Fee to Work? Can my employer deduct money from my paycheck if I take an advance? Can my employer deny my FMLA request because I messed up the paperwork? Can My Employer Deny Overtime to Claims Adjusters? Can my employer discriminate against me because it thinks I’m disabled, even if I don’t think I am? Can my employer discriminate against me on the direction of a customer or client? Can my Employer Fire me Because of my Migraines? Can my employer fire me if I make too much money? Can My Employer Force Me Into Genetic Testing? Can My Employer Keep Me From Taking Medical Leave? Can My Employer Limit the Length of My Pregnancy Leave Can My Employer Limit the Length of My Pregnancy Leave? Can my employer make an agreement with other employers in my field not to solicit each others’ employees? Can My Employer Make Me Come In Early To Boot Up Can my employer make me give up the password to my personal online accounts? Can my employer make me provide my personal cell phone number for emergency or after hours work calls? Can my employer make me take down a religious display at work? Can my employer make me use my personal phone for business? And if so, should he pay me? Can my employer make me wait in line for a security screening after I’ve clocked out? Can my employer make me work a shift that is inconvenient for me? Can my employer make me work on a holiday? Can my employer not pay me to put on and take off my protective gear? Can my employer not pay me to put on and take off my protective gear? Can My Employer Pay Me “Half Time Overtime Can my employer pay me cash to avoid payroll taxes? Can my employer pay me commissions instead of overtime? Can my employer pay me on a 1099? Can my employer pay me using a pre-paid ATM card? Can My Employer Pressure Me To Break the Law? Can my employer prevent me from suing in court? Can my employer prevent me from using my work email for personal business? Can my employer refuse to pay me for unused vacation when I leave my job? Can My Employer Refuse to Punish Sexually Harassing Coworkers Can My Employer Shut Down Our Plant and Lay Everyone Off Without Notice Can my employer take deductions from my pay for insurance and other business expenses? Can my employer take money out of my paycheck if I make a mistake? Can my employer use a GPS system to monitor me when I use a vehicle provided by my employer? Can my employers reduce me from full time to part time to avoid Obamacare? Can my former employer refuse to pay my settlement proceeds from my employment case for telling my daughter about the settlement? Can my union place an inflatable rat at my jobsite to publicize a dispute we’re having with management? Can nurse or case managers be denied overtime? Can restaurants make servers clean up? Can restaurants make servers do side-work for less than minimum wage? Can road races recruit unpaid volunteers to staff the course? Can Sports Teams Pay Cheerleaders, Minor League Players, Clubhouse Managers, and Video Operators Less than Minimum Wage? Can the Department of Labor help me find a job? Can underwriters be denied overtime pay? Can You Protest Trump at Work? Caring for an Older Disabled Child Carrying Firearms at Work Caucasion has prima facie case of gender, race and age discrimination. Charging a Fee for Coming to Work Class Action Representative Plaintiff wins $3 million retaliation case! Class Actions are Good! Joe Nocera is Wrong! Class actions well suited to help enforce employee rights Company Dissolution and Due Wages Compass Group sued in Collective Action alleging Assistant Managers should have been paid overtime. Confidentiality clauses may be a thing of the past! Connecticut “wage police” collect $6.5 million for workers! Connecticut Court Certifies Class Action for Assistant Managers at Ocean State Job Lot! Connecticut Department of Labor refuses to enforce minimum wage law for servers! Could cost the average server over $5,000 per year in wages! Connecticut Extends Workplace Sexual Harassment Training Deadline—But Employees Still Have Enhanced Rights Under the ‘Time’s Up’ Act Connecticut Federal Judge Rejects “Chinese Overtime” Connecticut Legislature Overrides Rell’s Veto of Minimum Wage Increase Connecticut loses 4,800 jobs in June! Connecticut Ruby Tuesday Class Action Lawsuit put on Hold Until U.S. Supreme Court Rules Connecticut Supreme Court expands rights of disabled workers. Connecticut Supreme Court reverses Lyon v. Jones! Yipee!! Connecticut Supreme Court rules for employees again! Connecticut Supreme Court Takes Up Whistleblower Case! Connecticut’s Minimum Wage Still Behind Where it Should Be. Connecticut’s Wage Law behind the times Couriers as Independant Contractors Court rules against Walsh Construction in overtime case! Court rules Fed Ex Ground Drivers are Employees! CT Senators Back Bill to Prohibit Non-Competes for Low-Wage Workers CVS Assistant Store Manager Overtime case moving along CVS Pharmacy, Inc. sued in Texas for Overtime violations! CVS sued again by more Assistant Store Managers! CVS sued in Connecticut for overtime violations D.C. Court Allows Whistleblower’s Court Case to Proceed! David Lopez Serving as EEOC General Counsel Deborah McKenna and Raymond Dinsmore join the Hayber, McKenna & Dinsmore Defamation to New Employer Deloitte & Touche sued by auditors. Court authorizes notice to class! Denial of Meal Breaks Denial of Unemployment Based on Emails Dick’s Sporting Good Assistant Managers Sue for Unpaid Overtime Did you know? Sales Commissions are Protected like Wages in Connecticut for Some Reps! Different Overtime Rates Disability Employment Discrimination Failure to Accommodate Discipline for Inquiring about Coworkers Salaries Disclosure of Background Check Report Disclosure of Criminal Record to Employers Displaying an American Flag at Work Displaying Overtime Laws Do I get accrued vacation time when my employment ends? Do I have to give two weeks’ notice if I quit my job? Does my boss have to pay me for the time I spend driving to and from a work event? Does my employer have to pay me to study? Does Your Employer Have to Pay You For Unused Vacation Time? Domino’s Pizza Drivers Reach $2.5 Million Tentative Settlement for Violations of Fair Credit Reporting Act (“FCRA”) Double Damages for Overtime and Minimum Wage Violations in Connecticut May Soon be Mandatory! Dow passes 10,000, fails to help workers! Dr. David Weil of the United States Department of Labor listens to employees’ overtime concerns. Early End for Shift Emergency Family And Medical Leave Expansion Act Employee Access to Personnel Files Employee Rights: What You Need to Know About Meal and Rest Breaks Employers Can’t Just Run a Background Check on You! Enforcing Non-competition Clauses Erick Diaz Announcement Exotic Dancers ruled employees, not independent contractors! Facebook Log-In Privacy Facebook negative comments about boss protected speech, says NLRB! False Claim of Sexual Harassment False Information in Personnel File Family Dollar being sued in State Courts by Store Managers – avoiding the 4th Circuit! Family Dollar settles another Store Manager overtime case! Family Dollar Stores to pay $35,000,000 to Store Managers for back overtime! Family Dollar sued in Connecticut (and elsewhere!) Fast food workers strike! Federal Court in Massachusetts Dismisses Challenge to GNC’s “Chinese Overtime” Policy – Plaintiffs likely to appeal! Federal judge allows waiver of collective action claims! Federal Judge calls FLSA suits “nuisance!!” Federal Judge in Connecticut Rules CAD Drafter Entitled to Overtime FedEx Ground Drivers are misclassified as Independent Contractors, says Court of Appeals! Fex Ex agress to pay $27 million to California drivers. Are Connecticut drivers next? Fired for Being a Witness in Criminal Case Fired for Being Attractive Fired for Bumper Sticker Fired for Gaining Weight Fired Wells Fargo employees claim the bank encouraged them! Fired While Out on Disability FMLA Application for Homosexual Couples Forced Overtime Franken Amendment signed into law! Franken anti-arbitration amendment passes Senate Free speech in the workplace- can you or can’t you? Fresh Market “Chinese Overtime” Challenged in Court! Plaintiffs move for notice to go out to class of Department Managers. Fresh Market Department Managers Defeat Employer’s Motion! Gay man wins gender stereo-typing case at 3d Circuit! Gender Discrimination Suit Against Walmart Genesis Healthcare Corp. v. Symczyk: A ruling that will never be used? Government Shutdown’s Effect on Employees Hanukkah edition: what can I do if my boss promises me eight days of work but only employs me for one? Hayber, McKenna & Dinsmore and Lichten & Liss-Riordan File Important Motion Against Compass Group! Hayber, McKenna & Dinsmore Facebook Page Hayber, McKenna & Dinsmore Opens New Office in Massachusetts Hayber, McKenna & Dinsmore Wins Overtime Wages for Insurance Underwriter! Hearing in GNC “half time overtime” case set for November 12, 2014. Hey! I’m a college athlete! Can I join a union? Home Care Workers and Minimum Wage, Overtime Home Depot Assistant Managers Fight for Overtime Homophobic Harrassment in the Workplace House Bill Seeks To Eliminate Class Actions I have to take business trips for my job. Should I be paid for this time? I just got a pink slip. Now what do I do? I work on an Indian Reservation. When does tribal law apply to my employment? I’m a medical coder. Am I exempt from overtime, or does my employer need to pay me “time and a half” when I work more than 40 hours a week? I’m a waitress. Can my boss put bad tippers in my section? I’m an insurance underwriter. Can my boss deny me overtime pay? 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? If Kim Davis were an employee, could she be fired for refusing to grant marriage licenses to same-sex couples? Inadequate Harassment Training Inappropriate Behavior is Grounds for Termination Independent Contractor misclassification in Connecticut: what are the remedies? Inside Sales employees: how is overtime calculated? Inside Sales Exemption: what are the rules? Interview Questions to Watch Out For Is a CEO’s Desire to Attract Young People Age Discrimination Is a CEO’s Desire to Attract Young People Age Discrimination? JoePa Termination Case Jury Awards $1,000,000 but judge takes away punitives! Keeping Informed on Arbitration Issues in Congress Lady Gaga’s Assistant Sues for Overtime Pay Last Chance Agreements can’t release future claims! Late paycheck results in FLSA claim! Lawsuit challenges “Chinese Overtime” in Connecticut Leave Provided for Domestic Violence Situations Legality of Biometric Scanners Legality of Love Contracts Legality of Unpaid Interns Length of Pregnancy Leave Lifeguard Fired for Saving Drowning Man Limo drivers entitled to overtime, says US DOL and some lawsuits! LIMOUSINE COMPANIES STILL AREN’T GETTING THE MESSAGE! Limousine Drivers and Overtime Massachusetts Court Rules Workers Entitled to be Paid Unused Vacation Time After Termination Massachusetts Domestic Workers’ Bill of Rights Massachusetts Family Dollar Store Managers allowed to Sue for Overtime Wages in State Court. Massachusetts Wage Law For Personal Vehicle Use On Non-Commute Work-Related Travel McJobs Are Not The Answer! Men accused of sexual harassment can sue! Miami Marlins Manager Suspended for Castro remarks Military Service and Employment Misclassification of Independent Contractors – the Gig Economy Monitoring Internet Usage More Assistant Managers win overtime claims! Morgan v. Family Dollar an imporant case for retail managers! Mortgage underwriters winning overtime cases from coast to coast! My Blog My employer doesn’t have any posters with information on employment laws for employees to read. Is that a problem? My employer won’t give me a W-2 form so that I can do my taxes. What do I do? My employer’s harassment policy requires that I report harassment to a “manager,” but it’s not clear who that is. What do I have to do to follow the policy? My friend who works in Massachusetts gets overtime when she works on Sundays and holidays. How come I don’t? My job is closed FOR A DAY due to an emergency. Do I get paid? Necessity of a Pink Slip New Haven Fire Fighters case triggers debate New Haven Legal Aid Wins for Unpaid Employees! New Legislation for Paid Sick Days Non-compete Contract When Companies Merge NYPD retaliates against FLSA overtime plaintiff! Obama just changed the overtime laws. Can my employer change me from salaried to hourly? Ocean State Job Lot sued again by its Assistant Managers! Off The Clock Work – When Is It Compensable? Office Depot’s Overtime Scheme violates Federal Law! Operations Managers sue United Rentals, Inc. Outside Sales Exemption from Overtime Pay Not as Simple as You Might Think. Outsourcing Your Own Job Overtime and Pharmaceutical Reps Overtime Denial for Loan Officers Overtime for Inside Salesperson Overtime for Mortgage Loan Officers Overtime for Nurses Overtime for Underwriters Overtime Pay and ‘Mercantile Trade’ Employees Paid Family Leave Bill Moving Forward in Connecticut Paid Time Off Versus Overtime Pay Reduction Paycheck Fairness Act in U.S. Senate. Keep your fingers crossed! Paying Wages With Debit Card Payless Shoes Pays its Managers Less, Settles Case for $2.9 Million Payless Sued in Pennsylvania for paying only “half time” overtime! Payment For Servers Only in Tips Pepsi sued for paying Chinese Overtime to its workers Personnel File and Your Rights Pharmaceutical Reps sue Lupin for unpaid overtime! Pharmaceutical Sales Reps at issue again! Politics in the Workplace Prevented from Taking Class Action to Court Pro-Union Button Limit Professor Fired Over Grade Progressive Appraisers – Are they entitled to Overtime wages? Proposed Bill Gives Connecticut workers more sick leave rights. Protesting Workplace Practices Qualifying for Unemployment Quitting a Job and Unemployment Reaching a Compromise to Help Whistleblowers in Federal Agencies Refusal of Overtime Pay to Pharmaceutical Reps Refusal to Pay Overtime in Retail Refusing to Lie at Work Refusing to Work Seven Days a Week Replacement During Medical Leave Required Credit Report Required Flu Vaccine Required Health Screening Required Maternity Leave Restaurant Employee Rights in Connecticut: What is the 80/20 Rule? Restaurant Employee Rights: Can I File for Unemployment Benefits If My Hours Were Cut Due to the Coronavirus (COVID-19) Outbreak? Restaurant Employee Rights: What to Know About Workplace Safety and the Coronavirus Restaurants must pay minimum wage, even when on Beer Tub duty! Retaliation Due to Lawsuit Retaliation for Overtime Complaint Returning soldier loses job – loses lawsuit. Second Circuit affirms. Right to Class Action Suit Right to Compensation Right to Leave for Adoption Right to Refuse Drug Test Rights to Bonus if Terminated Rising Unemployment Connecticut Trend Schering “sales reps” entitled to overtime!! Second Circuit allows Insurance Claims Representatives to sue for unpaid overtime! Second Circuit Applies Burlington Northern to FMLA (and other great rulings)! Second Circuit Broadens Anti-Retaliation Provisions of Federal Wage Law Second Circuit narrows Garcetti! Service Animals in the Workplace Settlement for Police Officer Fired as a Result of his Mental Disability Severance Combined with Unemployment Benefits Sexual Harassment at CBS Short-Term Disability Leave Should Connecticut Servers Be Paid The Minimum Wage? Should minor league baseball players get overtime pay? Signing a Performance Review Social Media Privacy Some Employers Make Employees Pay to Work! Speaking Other Languages to Customers Sports Team Support Cause for Termination Staples New Jersey Assistant Managers win $2.5 million in overtime lawsuit. Is Connecticut next? State Attorney General Cracks Down on Domino’s Pizza for Wage Theft State Court cases against Family Dollar rolling along! State’s Right to Modify Collective Bargaining Rights Suit Filed Against CVS Supporting the Federal Employment Non-Discrimination Act Supreme Court Affirms Vollemans v. Town of Wallingford! Swine Flu Vaccine Requirement Taking Time Off for Sick Child TD Bank sued for overtime by Loan Underwriters! TD Bank Underwriter Overtime Case Heads to Mediation! Termination After Birth of Baby Termination Based on Voting Termination Based on Wages Termination Due to Absence Termination Due to Affair Termination Due to Economy Termination Due to Pregnancy Termination Due to Safety Concerns at Nursing Facility Termination for Not Working Overtime Termination for not Writing Termination for Political Opinion Termination for Stopping Robbery Termination in Adrian Peterson Issue Termination Without Cause The death of wage hour class actions might have been exaggerated! The EEOC Weighs in on Sexual Orientation Discrimination The end of wage / hour class actions? The NFL needs to rethink the manner in which it disciplines its employees The Rights to Telecommute Third Circuit holds gender stereo typing helps gay workers! Third Circuit: Employer Can’t Moot Collective Action with Offer of Judgment Three Things You Must Know About How President Trump Will Affect Employee Rights Tip Credit for Restaurants Too many people without insurance! Too many retail employers take advantage of “Managers” Town of Greenwich held liable for race discrimination Triple Damages for Unpaid Commissions/Bonuses U.S. Appeals Court “unravels FedEx’s business model” and rules that drivers are not Independent Contractors U.S. Chamber of Commerce ranks Connecticut “poor” because of employee friendly laws. U.S. Department of Labor provides New Guidance on Independent Contractor/Employee Dichotomy U.S. Supreme Court Rules in Favor of Muslim Job Applicant U.S. Supreme Court Ruling on Discriminatory Nature of Test U.S. Supreme Court sides with Pharma Industry! What a surprise! U.S. Supreme Court Upholds DOL Rule that Mortgage Loan Officers Are Entitled to Overtime Pay U.S. Supreme Court’s Age case won’t hurt here in Connecticut Underwriters Entitled to Overtime Underwriters sue Peoples United Bank for overtime wages in Class Action! Unemployment on the Rise in Connecticut Unpaid Interns and Sexual Harassment Unsafe Conditions at Work Unused Vacation Time Using a Lie Detector Test to Find Missing Property Wage / Hour class actions: Dead or Alive? Wage violations rampant among low wage workers! Walmart managers must stack 50 pound bags of dog food? Walsh Construction being sued by Project Accountants and Administrative Assistants. Wells Fargo fired over 5,000 employees who participated in its scheme to open bank accounts for customers without their permission. What accommodations does my employer have to make for me if I’m pregnant? What are the requirements for my employer to pay me using the “tip credit”? What Can I Do If I’m Being Harassed at Work? What Can I Do If My Employer Cuts My Hours or My Pay? What can I do if my employer cuts my hours or my pay? What can I do if my employer says something about me that isn’t true? What Evidence Can I Use to Prove Sexual Harassment in the Workplace? What fields will be hiring in the future? What happens if I’ve taken all of my paid time off but I have an emergency and can’t work? What happens if my employer files for bankruptcy? What is Temporal Proximity and How Can It Be Used to Help Prove Wrongful Termination What is the “prevailing wage?” What Is The Emergency Paid Sick Leave Act? What is the WARN Act, and what are my employer’s obligations under it? What kind of records does my boss have to keep regarding my employment? What laws protect my free exercise of religion at work? What’s the “Fight for $15?” When can my employer deny my religious accommodation? When is a Manager not a Manager? When you were a kid, you may have heard threats about bad behavior going on your “permanent record.” Why are wage / hour class actions important? Why can’t I sue my employer if I get hurt on the job? Wisconsin Court Rules that Restaurants Owe Back Wages to Servers Workers aren’t “bottom feeders.” Working With Someone Who Assaulted You Workplace Causes Illness You Be the Judge You Be the Judge 2 You Be the Judge 3
I worked for a retailer and was a Plaintiff in a class action for unpaid overtime wages. Hayber, McKenna & Dinsmore did an amazing job of getting our unpaid overtime back to us. Every one at the firm that I dealt with through that process was wonderful to work with. I appreciate all they did for us more than you will ever know.
- L. LeHeup, Georgia
