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Shoveling Out Your Nor’Easter Employment Law Protocols

By Daniel Schwartz on January 4, 2018
snow
  • You have your bread. And milk.  Presumably eggs too.  (Anyone making French Toast this morning?)
  • But do you know the employment law rules that apply for winter storms and classic nor’easters like we have today?
  • I’ve written about it plenty before, but here are three issues you may not have thought about recently.
  1. Reporting Time or Minimum Daily Earnings Guaranteed: Connecticut has a “reporting time” obligation (as do several of our neighboring states). It is contained in various regulations and applies to certain industries like the “mercantile trade”. You should already be aware of this law, but it has particular application in storm situations where people may not work full shifts.

    For example, in Conn. Regs. 31-62-D2(d) for stores, an employer who requests an employee to report to duty shall compensate that employee for a minimum of 4 hours regardless of whether any actual work ends up getting assigned. So if you bring your employees in today only to send them home 30 minutes later, you may be on the hook. For restaurant workers, it is typically a minimum of two hours (Conn. Regs. 31-62-E1)

    Takeaway? For certain industries, be sure to know whether you will need to pay employees for a minimum amount of time if you send them home early from their shift.

  2. Wage Agreements: Also be aware of any wage agreements (collective bargaining agreements mainly) that require you to provide employees with a guaranteed minimum number of work hours. Typically, these will need to be followed.
  3. Hours Worked: Be aware of Connecticut’s “hours worked” regulation found in Conn. Regs. 31-60-11. That regulation says that “all time during which an employee is required to be on call for emergency service at a location designated by the employer shall be considered to be working time” regardless of whether the employee is called to work.

    When an employee is on call, but is simply required to keep employer informed of whereabouts or until contacted by the employer, working time starts when the employee is notified of his assignment and ends when that employee is finished.

As I’ve said before, none of these issues should really be new for an employer in Connecticut. But with this being the first big storm of the season, it’s time to shovel out those policies.

For more on storm-related posts, check out this post here.

  • Posted in:
    Employment & Labor, Featured Posts
  • Blog:
    Connecticut Employment Law Blog
  • Organization:
    Shipman & Goodwin LLP
  • Article: View Original Source

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