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Politics : Politics for Pros- moderated -- Ignore unavailable to you. Want to Upgrade?

To: Elroy who wrote (297232)	3/19/2009 9:10:03 PM
From: Bearcatbob	1 Recommendation Read Replies (1) \| Respond to of 793818

Elroy, Unless people have real time experience with employment bonus plans they are unable to understand this. My biggest concern is how the rule of law is being trashed. We have mob rule in the making. The threat of releasing names is criminal in my mind. Where is the outrage? The left screamed about Bush abusing the Constitution - for these guys it does not even exist. Bob

To: Elroy who wrote (297232)	3/19/2009 10:00:24 PM
From: KLP	Read Replies (3) \| Respond to of 793818

Re: Congress, Bonuses, and CT Employment Wage Law: Elroy. I'm ignoring nothing. Here is the crux of one of the problems the House caused today, among many. Don't forget what I used to do for a living. Recruiters have to be at least familiar with Employment Laws, and good ones have to pass a State Test. I passed that test. I'm not an Employment Law attorney, but this man is. Ironic that I found it in view of the vote today! Connecticut Employment Law Blog Posted at 8:18 AM on March 18, 2009 by Daniel Schwartz Connecticut's Wage Laws -- What Do They Really Say About Bonuses, Wages and Double Damages? ctemploymentlawblog.com UPDATED Over the last 24 hours, it seems that every politician is decrying the use of Connecticut wage and hour laws as apparent support for AIG's payout of various retention payments. Connecticut Attorney General Richard Blumenthal's comments are among the most pointed, according to Capitol Watch: "I have significant doubts about the validity of AIG's claims that they are required by Connecticut law to pay these outrageous bonuses,' Blumenthal said. "AIG is shamelessly shielding itself behind the Connecticut Wage Act -- a joke of a justification for squandering scarce taxpayer resources.' One reporter has even called Connecticut's wage laws, an "obscure" law. But that would likely be news to the Connecticut Department of Labor which features that law prominently in the materials about the subject in its website. So, what IS the law that everyone keeps referencing? Well, the main provision is Conn. Gen. Stat. Sec. 31-72. That law states, in part: When any employer fails to pay an employee wages in accordance with the provisions of sections 31-71a to 31-71i, inclusive, ...., such employee ... may recover, in a civil action, twice the full amount of such wages, with costs and such reasonable attorney's fees as may be allowed by the court... In plain English, what this means is that if an employer does not pay an employee "wages", that employee can sue the company and MAY recover twice the amount of wages that should have been paid. And what's a "wage"? Well, Conn. Gen. Stat. Sec. 31-71a(3) defines it as "compensation for labor or services rendered by an employee, whether the amount is determined on a time, task, piece, commission or other basis of calculation." As I've discussed in prior posts, some (but not all) bonuses are treated as "wages" and therefore, employees may sue under this statute. That view was confirmed in a quote from an unnamed Department of Labor official in today's Courant: "Our first step is to determine if the bonus is a wage," said a state Department of Labor official. "If it's a wage, it's based on performance, production and efficiency"" the official said. "It has to tie directly to your performance, that you met certain standards and certain goals in order to turn that into a wage. ... Companywide performance is less likely to be a wage." What's left unanswered in the whole debate though is why Connecticut's wage and hour laws should NOT apply here. Is Connecticut now saying that retention payments are never "wages" or just not in this case? Is it simply the amounts of the payments that make such payments intolerable here? Of course, that's not to say that of an employee's right to be paid under a contract is absolute. But existing laws don't make it easy to get around that right. Slate has a good column that suggests several legal theories that may be out there to attempt to break or avoid such contracts. (And, as I said yesterday, I'll leave it to others to opine on whether the payments here were proper or not.) The New York Times has a very good series of columns about whether the contracts can be broken as well. One thing is certain: The debate over these payouts is far from over. And Connecticut's wage laws are likely to never be the same again. Trackbacks (0) Comments (0) Daniel A. Schwartz Of Pullman & Comley, LLP \| 90 State House Square \| Hartford, CT 06103. Phone: 860.424.4359

To: Elroy who wrote (297232)	3/20/2009 3:31:33 AM
From: KLP	1 Recommendation Respond to of 793818

Had a bit more on Employment Law, but got sidetracked: THOMAS – Library of Congress – Law regarding employee bonus thomas.gov@@@D&summ2=m& And this is another place too...Most companies follow Federal Laws first, and the State Laws usually include the Fed Regs, plus add some of their own... Breach of Employment Contract helmerfriedman.com If you have a written or oral employment contract, your employer is legally obligated to honor that contract. This means, for example, if your employer promises you a specific bonus, your employer must honor that promise. Similarly, if you are guaranteed employment for a specific period of time, your employer may only terminate your employment under very limited circumstances. Overtime, Bonus And Other Wage And Hour Violations (back to top) State and Federal law have very strict regulations regarding: • Payment of wages • Overtime • Commissions • Bonuses • Tips and gratuities • Tip pooling arrangements • Meal and Rest Periods You have the right to challenge an employer who is not complying with these regulations.