Employers should be aware of two developments in federal wage and hour law. The U.S. Supreme Court has issued an employer-friendly decision regarding the interpretation of the FLSA exemptions and the U.S. Department of Labor has launched a new program that will allow employers to self-audit and avoid fines for accidental violations of the federal
employment law
Obama-era Overtime Rule Raised from the Dead?
Posted in Labor & Employment
On October 30, 2017, apparently in the spirit of Halloween, the Department of Labor gave life to the Obama-era Overtime Rule we previously reported was virtually dead. The DOL appealed the Texas federal judge’s decision to strike down the Rule. In a short press release, however, the DOL made it clear that it would…
Federal Judge Strikes Down Obama-era DOL Overtime Rule
By Nick Zaino & Alan H. Bowie, Jr. on
Posted in Labor & Employment
On August 31, 2017, a Texas federal judge struck down the Obama administration’s controversial DOL Overtime Rule. The judge concluded that the DOL “exceeded its authority and had gone too far with the final rule.”
Background
In March 2014, then President Obama sent a memorandum directing the Secretary of Labor to “modernize” and “streamline” the…
Connecticut Supreme Court Rejects Fluctuating Workweek Rule for Retail Employees
By Nick Zaino & Alan H. Bowie, Jr. on
Posted in Labor & Employment
On August 17, 2017, the Connecticut Supreme Court unanimously held in Williams et. al. v General Nutrition Centers, Inc. that the federal fluctuating workweek (“FWW”) method for paying overtime cannot be used for retail employees.
Basic Facts and the Court’s Ruling
In Williams, the plaintiffs were managers at GNC stores who were paid a…
Connecticut Appellate Court Rules that Request for Indefinite Leave is Not Reasonable
By Nick Zaino & Alan H. Bowie, Jr. on
Posted in Labor & Employment
The Connecticut Appellate Court recently held that an employee’s request for leave was not a reasonable accommodation where the employee requested an indefinite leave and did not respond to the employer’s request to contact her regarding her leave. The case, Thompson v. Department of Social Services, provides helpful guidance to employers in managing medical leaves…