Can My Employer Limit the Length of My Pregnancy Leave

In Connecticut, no. Under the Connecticut Fair Employment Practices Act, an employer must provide “a reasonable leave of absence for disability resulting from her pregnancy…” The law does not put a cap on the amount of leave an employee may need or take.

In Massachusetts, yes. Under the Massachusetts Maternity Leave Act, employees are only entitled to 8 weeks of leave.

In both states, if an employee is covered by FMLA (Family and Medical Leave Act), then they may be entitled to up to 12 weeks of leave. 

Can My Employer Keep Me From Taking Medical Leave?

The Family and Medical Leave Act (FMLA) requires employers to allow a leave of absence for serious health conditions. You may be eligible for FMLA if your company has 50 or more employees, and you have worked there for at least 1 year. Under FMLA, the employer cannot deny you leave simply because it is inconvenient for them. Doing so is illegal ‘interference’ with your FMLA rights.

For more information on FMLA rules and rights, you can consult our FMLA page.

Overtime Pay and ‘Mercantile Trade’ Employees

The case was handled by Hayber Law Firm’s own Attorney Anthony Pantuso. The issue addressed was the overtime pay of commissioned workers employed in the ‘Mercantile trade.’ Connecticut has specific rules pertaining to wages for workers in these industries. You can find the Department of Labor’s publication on the rules here. The ‘Mercantile trade’ refers to the sale of commodities. For example, the retail and restaurant industries are considered mercantile industries. The rule also includes those employed in “any operation supplemental or incidental” to the sale of commodities. This includes jobs like “delivery, maintenance… stock and clerical work.”

FSome employers pay ‘mercantile trade’ workers what is known as “half-time overtime,” also known as the “fluctuating work week” method. When an employee works overtime, the employer will divide the weekly income by the number of hours the employee actually worked each week to figure out an hourly rate. The employer then pays half that hourly rate for every overtime hour that the employee worked. This method results in the employee being paid less than with traditional time-and-a-half overtime and receiving a lower hourly rate the more hours they work. You can read a little more about the method here.

The Connecticut Supreme Court case involved managers and assistant managers at GNC that were paid salary and commission, with the overtime being calculated by the half-time method. Being retail workers, they were considered to be employed in the mercantile trade. The Hayber Law Firm argued that based on Connecticut’s rules, it is illegal to pay these mercantile trade workers using half-time overtime. We won.

The Court ruled: “In sum, we conclude that although Connecticut’s wage laws do not preclude the use of the fluctuating method, the plain meaning of the text in the wage order does.” Read the full ruling here.

So, if you work in the mercantile trade and receive commissions, this is good news. You cannot be paid half-time overtime.

Can My Employer Deny Overtime to Claims Adjusters?

Yes – but only if you really are a claims adjuster!

Under Federal overtime law, Insurance Claims Adjusters are exempt and not entitled to overtime pay. Sometimes, however, insurance companies label employees as exempt adjusters when in fact they are not.

These days many insurance companies have reorganized their claims departments and now have a number of junior level positions that perform mostly non-exempt work. Job titles like Customer Service Representative, File Owner, Claims Representative, Auto Damage Appraiser, and other similar positions are sometimes mis-classified as exempt claims adjusters. Employees in these positions are mis-classified as exempt if they do not have the authority to act independently to negotiate and settle claims.

Can Employers Refuse to Accommodate a Pregnant Employee

No!

The Connecticut legislature has made protections for pregnant employees a lot stronger. Before this week, an employee could request a temporary transfer to an open position if she thought it would be safer for her or her unborn baby. But starting October 1st, an employer is required to make reasonable accommodations for a pregnant employee. These accommodations may include modifying job duties or work schedule, providing additional breaks, or providing opportunities to express milk. 

This is good news for women who feel they have had to choose between career and family. These kinds of pro-family laws and protections should be the type of law we can all get behind!

We are experienced employment attorneys and have represented the victims of wrongful termination, harassment, wage and hour claims, denial of leave and other violations of Connecticut, Massachusetts, and federal employment law. We have helped our clients get reinstated to their old jobs, collect back pay wrongfully denied to them, win compensatory and punitive damages and secure promotions they deserve.

With offices in Connecticut nad Massachusetts, we proudly represent employees throughout the region, including Hartford, Springfield, Milford, Bridgeport, New Haven, Stamford, Waterbury, Fairfield, Norwalk, and Danbury. Fill out our online form today, so we can look at the details of your employment case and help you overcome this stressful obstacle.

Richard E. Hayber, who leads the team at Hayber Law Firm, takes pride in representing underdogs in tough cases. He takes on powerful companies and wins. Richard E. Hayber has represented a wide range of employees, from waiters and truck drivers to the vice presidents of companies.

He has represented clients in front of the Connecticut Commission on Human Rights and Opportunities and the U.S. Department of Labor. He has also represented large groups of employees in class action lawsuits, where the employer’s illegal wage practices have wronged many employees.

CONTACT:
Hayber Law Firm
750 Main Street, Suite 904
Hartford, CT 06103
Phone: 860-522-8888
Email: rhayber@hayberlawfirm.com