We have blogged before about the “ABC Test,” used in Connecticut to determine whether a worker is considered an employee for purposes of eligibility for unemployment compensation benefits. Most recently, my partner Michael...more
On May 17, 2016, the United States Department of Labor finally released its long-awaited new rule for determining which American workers are entitled to overtime pay – time-and-a-half for hours above forty in any workweek –...more
My first two posts on this topic have discussed provisions that must – under federal law, specifically the Older Workers Benefit Protection Act – be included in employee separation agreements if the employee’s release of...more
3/16/2016
/ ADEA ,
Age Discrimination ,
Confidentiality Agreements ,
Hiring & Firing ,
Non-Disparagement Provisions ,
Payroll Taxes ,
Release Agreements ,
Release of Liability ,
Restrictive Covenants ,
Separation Agreement ,
Stock Options
In our last post on this topic, we reviewed the essential elements of a valid employee separation agreement that includes an employee’s release of claims against the employer (i.e., the agreement must be made knowingly and...more
There is one conversation I have with my clients who are employers more frequently than any other. It’s the one that begins, “We’ve decided to let so-and-so go. Do we have to have an agreement of some kind?” Here is what you...more
A panel of the United States Court of Appeals for the Second Circuit has ruled that parties may not stipulate to dismiss cases brought under the Fair Labor Standards Act without court approval. This ruling may make it more...more
9/8/2015
/ Bargaining Power ,
Confidential Information ,
Dismissal With Prejudice ,
Employee Rights ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Federal Rules of Civil Procedure ,
Low-Wage Workers ,
Rule 41 ,
SCOTUS ,
Settlement Agreements ,
Wage and Hour
When I talk to businesspeople about the legal differences between employees and independent contractors, I often offer the electrician who comes to the office to fix a wiring problem as the paradigmatic independent...more
8/24/2015
/ Administrative Interpretation ,
Department of Labor (DOL) ,
Economic Realities Test ,
Employee Benefits ,
Employee Rights ,
Employer Liability Issues ,
Enforcement ,
Fair Labor Standards Act (FLSA) ,
Independent Contractors ,
Misclassification ,
Popular ,
Uber ,
Wage and Hour
In a decision to be officially released on May 19, 2015, the Connecticut Appellate Court has addressed two interesting issues in the state law of employment discrimination, one of which is of considerable importance (and...more
On April 24, 2015, the United States Department of Education’s Office of Civil Rights issued a new “Dear Colleague” letter concerning Title IX, along with a separate letter to Title IX coordinators and a Title IX Resource...more
The U.S. Department of Labor today announced changes to the regulations that define a “spouse” for purposes of the federal Family and Medical Leave Act. The changes fully implement the U.S. Supreme Court’s decision in United...more
Educational institutions – including public and private schools, colleges, and universities – may have to defend various types of discrimination claims brought by students, and in various arenas. In addition to federal court...more
Late last spring I posted on this blog about the pitfalls for employers of unpaid internships, often offered to young people during the summer months, or to students or recent college graduates as “pre-entry-level” positions....more
1/8/2015
/ Class Action ,
Classification ,
Conde Nast ,
Department of Labor (DOL) ,
Employee Definition ,
Employer Liability Issues ,
Fox Searchlight Pictures ,
Hearst ,
Judicial Settlement Agreements ,
Unpaid Interns ,
Wage and Hour
Pullman & Comley’s Labor & Employment practice group recently offered a seminar for clients and friends. Our guest speaker was Peter Gioia, Vice President and Economist for the Connecticut Business and Industry Association,...more
I’ll bet you assume that the hard-working driver who delivers your packages and letters shipped by Federal Express is a FedEx employee. After all, he or she wears a FedEx uniform, drives a FedEx truck, uses a FedEx handheld...more
This Alert is intended to give a general explanation of 2014 legislative enactments of the Connecticut General Assembly that may impact your board of education policies. For more detailed and individualized assistance with...more
Readers of this blog will be aware that the misclassification of employees as independent contractors has been a major concern of state and federal authorities for several years. Employers don’t provide workers compensation...more
With summer fast approaching, it seems a good time to brush up on the topic of summer internships. Plenty of high school and college students – even recent college graduates – would be grateful for the opportunity to learn...more
At the Pullman & Comley Labor, Employment, and Employee Benefits Seminar recently, I was asked by one of the attendees, an HR Director, whether she could record a disciplinary meeting with a troublesome employee without...more
In what seems a surprising move to many, particularly for the Obama Administration, the Department of Education Office of Civil Rights (“OCR”) has backed away from last year’s strong policy statement on access to...more
President Obama announced this week that he is directing the Secretary of Labor to “modernize and streamline” existing overtime regulations under the Fair Labor Standards Act. He characterized the current regulations as...more
When we analyze the question whether a worker is an employee or an independent contractor, we usually approach the issue from the point of view of the Connecticut Department of Labor and apply the “ABC” test, or from the...more
Yesterday (January 27), the Supreme Court issued a ruling that defines the word “clothes” for purposes of a federal statute that allows employers and unions to bargain over pay for time spent by employees “changing clothes or...more
An employee, having been notified of his impending termination, complains to his employer of discrimination. A human resources professional retained by the employer to investigate the complaint concludes that the employee...more
Maybe you saw this article “Standing Up for the Rights of New Fathers,” in the New York Times a few weeks ago about the new dad, a reporter for CNN, who filed a discrimination claim with the EEOC against Time Warner (CNN’s...more
Recent developments in two California lawsuits confirm that employers take big risks if they agree with competitors not to recruit each other’s employees. Apple, Google, eBay, Intuit, and other large technology companies...more