Employment and Immigration Law

Employment and Immigration Law

The Connecticut Law Tribune

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Employment and Immigration Law

Strategic Considerations For Workplace Investigations

By NINA T. PIRROTTI

I have devoted a good part of my legal career to either conducting investigations or scrutinizing them. As a prosecutor, I investigated hundreds of cases, ranging from kidnappings to homicides. As an employment lawyer, I still investigate cases, now on behalf of employers.

 

'Fluctuating Workweeks' Can Affect Overtime Pay

 By JONATHAN B. ORLEANS

Two recent decisions by Connecticut courts illustrate both the utility and some of the limitations of using the "fluctuating workweek method" to calculate the overtime pay for non-exempt employees who work more than 40 hours in a workweek.

 

Corporate Image, Social Media, And NLRB: A Dangerous Intersection

 By JAY MARSHALL WOLMAN

Jack Manager is having a bad day and gets a bit snippy with his subordinates — nothing huge or controversial. At the same time, due to approaching deadlines, Jack asks those subordinates to come in over the weekend to finish up some work.

 

Employer Policies And The NLRB: What's A Company To Do?

By MARGARET J. STRANGE and SALLY WELCH ST. ONGE

Most employee handbooks contain some language limiting employees' ability to share information. These common practices are coming under fire, however, in developing National Labor Relations Act (NLRA) guidance.

 

Healthy Employees Can Use Paid Sick Leave

By MICHAEL N. LaVELLE

The Connecticut general statutes mandate a number of workplace protections for employees that in an earlier era would have been found only in collective bargaining agreements or voluntary corporate policies.

 

In Search Of A Balance

By STEPHEN W. ARONSON and  IAN T. CLARKE-FISHER

In recent years, the number of actions filed under the federal Fair Labor Standards Act (FLSA) by current and former employees seeking to recover alleged unpaid wages and overtime payments from their employers has increased rapidly. More than 7,000 FLSA actions were filed in federal courts in 2011 alone, a record number, and more than three times as many as were filed a mere 10 years before.

 

Doctors Can Clear Immigration Hurdles

By LAUREN M. SIGG

Foreign nationals who receive graduate medical education/training in the United States in J-1 status are subject to a two-year home residency requirement, which requires a two-year stay in their home country at the end of their education/training. Unless this requirement is fulfilled or waived, the physician is ineligible to change status to other non-immigrant visa categories, obtain an H or L visa, or adjust status to become a legal permanent resident.


Employers Beware: Does Your Handbook Violate NLRA?

By NICOLE A. BERNABO and  PETER A. DAGOSTINE

The National Labor Relations Board, led by a Democratic majority for the last several years, has thrown a wide net over the scope of protected employee conduct, reaching beyond the traditional unionized workplace. In June 2012, the NLRB announced the development of a new Web page (www.nlrb.gov/concerted-activity) specifically dedicated to describing "the rights of employees to act together for their mutual aid and protection, even if they are not in a union." 

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