A recent speech by Labor Secretary Thomas Perez at the IAFF conference provided some details about the changes to the managerial exemption to the Fair Labor Standards Act (“FLSA”).  Significantly, Secretary Perez reiterated that the current salary threshold of $455 is inadequate and that the primary duties test creates an employer friendly “loophole” that is used to prevent many low income employees from earning overtime. 

The last changes to the managerial exemption occurred in 2004 when the salary threshold was raised from $250 to $455.  This was the second increase in the 40 years the exemption has existed.  The remarks by Secretary Perez mirror those made by President Obama back on March 13th that the current $455 threshold is inadequate.  


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It’s déjà vu for Connecticut employers.  The Connecticut General Assembly and Governor Malloy have approved the second minimum wage hike in less than a year.  Just ten months ago, legislation was passed to increase the minimum wage to $8.70 on January 1, 2014, and $9.00 on January 1, 2015.  The new legislation changes the 2015 minimum wage to $9.15 and institutes rates for 2016 ($9.60) and 2017 ($10.10) as well.  The employer share of the minimum wage for tipped employees and the apprentice rate will be correspondingly adjusted, as they are based on percentages of the minimum wage.


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Non-union employers often think that they do not need to concern themselves with the National Labor Relations Act (the “Act”).  This is a misconception.  For example, Section 7 of the Act gives employees the right to not only form labor unions and engage in collective bargaining, but also “to engage in other concerted activities for the purpose of…mutual aid or protection.”  Stated differently, Section 7 prohibits employers from interfering with all employees’ rights to bring group complaints to the employer and improve their working conditions, both collectively and individually.

One application of Section 7 rights in a non-union setting is to mandatory arbitration provisions, or “MAPs,” that some employers include in their employment agreements and employee handbooks.   


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Non-union employers often think that they do not need to concern themselves with the National Labor Relations Act (the “Act”).  This is a misconception.  For example, Section 7 of the Act gives employees the right to not only form labor unions and engage in collective bargaining, but also “to engage in other concerted activities for the purpose of…mutual aid or protection.”  Stated differently, Section 7 prohibits employers from interfering with all employees’ rights to bring group complaints to the employer and improve their working conditions, both collectively and individually.

One application of Section 7 rights in a non-union setting is to mandatory arbitration provisions, or “MAPs,” that some employers include in their employment agreements and employee handbooks.   


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While significant inroads have been made in implementing defined contribution plans for new hires in Connecticut municipal negotiations, police and fire unions have continued to resist such changes, citing, among other things, the greater likelihood a cop or firefighter may become disabled on the job than other municipal workers.  Nonetheless, while still in the minority

Since 1962, employers with a dues checkoff provision in a collective bargaining agreement have been permitted to cease deducting dues from employee paychecks and remitting them to the union upon contract expiration.  As of last month, however, employers can no longer relieve themselves of the burden of collecting and remitting dues upon contract expiration.  In

The Department of Labor recently proposed new regulations designed to implement and interpret the National Defense Authorization Act for Fiscal Year 2010, which amended and expanded the Family and Medical Leave Act (“FMLA”).  The amendments expand military caregiver leave and incorporate a special eligibility provision for airline flight crew members.

As set forth in the

The Connecticut Department of Labor (“DOL”) has released guidance concerning Public Act 11-52, the new paid sick leave law.  The DOL also released a poster that complies with the law’s notice requirement.

Both the guidance document and the poster are available on the DOL’s website

The Spanish version of the poster is forthcoming.

We provided a detailed review of the sick leave law in a post last month.

Though the guidance document does not appear to contain any major revelations, it does provide clarification of certain points and is in a format that is easier for employers to navigate that the Public Act.


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Currently on the table is a bill which would allow employers to require employees hired after October 1, 2011 to choose between direct deposit and a payroll card as their payment method, and which would also allow employers to provide employees with an electronic record of their hours worked, gross earnings, deductions, and net earnings