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Verrill Dana, LLP

Verrill Dana, LLP is one of New England's preeminent regional law firms. With offices in Portland and Augusta, ME; Boston, MA; Westport, CT; Providence, RI; and Washington D.C. Verrill Dana provides sophisticated legal representation to businesses and individuals in the traditional areas of litigation, real estate, business law, labor and employment law, employee benefits, environmental law, intellectual property and estate planning.  The Firm also has industry-focused specialties including higher education, health care and health technology, energy, and timberlands. 

Disclaimer:  The content presented in this blog is for general information only, is not intended to constitute legal advice and cannot be relied upon by any person as legal advice. While we welcome you to contact our blog authors at hrlawupdate@verrilldana.com, the submission of a comment or question does not create an attorney-client relationship between the Firm and you. 

Entries in Wage and Hour (44)

Monday
Sep182017

PODCAST: Employment Policies in the Trump Administration

In this Verrill Voices podcast, labor and employment attorneys Tawny Alvarez and Richard Moon discuss recent administrative and legislative developments, how they affect employers generally. More specifically, they discuss the current position in which the Department of Justice and the EEOC are taking separate and distinct positions on the issue of whether Title VII covers sexual orientation discrimination, highlighting a Second Circuit case that has brought the issue to the forefront. In addition to sexual orientation and gender discrimination policies, the stalled increase in the overtime exemption wage and President Trump's recent direction on affirmative action policies are also discussed.

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Wednesday
Aug232017

PODCAST: Affinity Groups in the Workplace

While affinity groups can be a great marketing tool for employers to attract and retain workers, as well as to foster new ideas, they can also create a great deal of legal liability. For some background, affinity groups are generally formalized groups that share similarities of some sort, whether based on life experiences, social identity, or interests. Some examples include LGBTQ and women in business groups.

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Friday
Sep302016

Effective October 1, CT Employers Can Use Payroll Cards to Pay Wages

On June 7, 2016, Connecticut Governor Dannel Malloy signed into law Public Act 16-125, which allows employers to pay employees using payroll cards and to deliver certain wage and hour information to employees by electronic means. The new law takes effect on October 1, 2016. For a recent article discussing the new law, click here.

If any Connecticut employer has any interest in exploring these new options, a member of Verrill Dana’s Labor & Employment Group would be happy to assist.

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Thursday
Sep222016

Despite Recent Challenges to Overtime Rule, Employers Should Continue Preparing for Implementation on December 1

On September 20, two lawsuits were filed in federal court seeking to stop the new overtime regulations from going into effect on December 1.  One lawsuit was filed by the U.S. Chamber of Commerce in conjunction with a number of other business groups.  The other lawsuit was filed by a coalition of 21 states (Nevada, Texas, Alabama, Arizona, Arkansas, Georgia, Indiana, Kansas, Louisiana, Nebraska, Ohio, Oklahoma, South Carolina, Utah, Wisconsin, Kentucky, Iowa, Maine, New Mexico, Mississippi, and Michigan).  Both lawsuits were filed in the Eastern District of Texas and seek an injunction to block the overtime rule from going into effect.

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Wednesday
Jul202016

The Power Struggle is Real: Local Minimum Wages Battle State Minimum Wages and How Dillon’s Rule Affects the Playing Field

Municipalities all across the country have dived into the employment arena in the past few years. In an April 2016 publication by the National Employment Law Project, it was reported that 51 municipalities across the country have either passed or currently have pending, proposals to raise the minimum wage. So often, clients ask, what is the DOL going to do about this if we don’t comply? The answer is simply—these ordinances are not state or federal laws and accordingly neither the state DOL nor the federal DOL have the authority to enforce the ordinances resulting in the municipalities need to create enforcement mechanisms. Thus, while we always recommend complying with all applicable statutes and ordinances, it is important to be mindful of the differences in remedies that could be available to employees if the employer fails to comply.

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Tuesday
Jun072016

FLSA Overtime Guidance for Educational Institutions

You likely received notice that the U.S. Department of Labor released its final overtime regulations on May 18. Many education institutions will now be required to take steps to revise their pay practices and work distribution. This poses difficulties for education institutions of all sizes, whether at the elementary, secondary, or post-secondary level. We hope you find the below information helpful in analyzing how your institution will be affected.

Step 1:  Does this new FLSA salary minimum apply to employees of my institution?

Yes, but there are some exceptions. Generally, in order to be exempt from the overtime requirements as an executive, administrative, or professional employee, the employee must be paid above the new salary minimum of $47,476 per year (or $913 per week). Pertinent to education institutions, however, the salary threshold does not apply to employees whose primary duty is “teaching, tutoring, instructing, or lecturing in the activity of imparting knowledge.”

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