Richard E Hayber’s Answers

Richard E Hayber

Hartford Employment / Labor Attorney.

Contributor Level 8
  1. If my employer calls me in to work can they force me to take comp time?

    Answered 11 months ago.

    1. Richard E Hayber
    1 lawyer answer

    Comp time is generally not a legal substitute for overtime pay. So, if you worked 44 hours in a week, the 4 extra hours must be paid at time and a half. Letting you work only 36 hours in the next week is not sufficient.

    1 lawyer agreed with this answer

  2. Can my boss take money out of my pay for sur charges to cover the cost of lights water electricity, etc?

    Answered over 4 years ago.

    1. Richard E Hayber
    1 lawyer answer

    I am not quite clear on what you mean by surcharge. If you mean that you will be paid $3 for every haircut, we call that piece work. If you are being charged $3 out of your 50%, then that might be an unlawful deduction unless you agreed to it in writing. If it is simply a new way to calculate your commissions, it could be permissible. Generally, employers are allowed to change your compensation structure. Doing so might entitle you to get unemployment if you quit because of it, but it is...

    1 lawyer agreed with this answer

  3. Can you define inside sales vs. outside sales for non exempt definition purposes?

    Answered about 4 years ago.

    1. Richard E Hayber
    1 lawyer answer

    Your friend is probably entitled to overtime pay. The commissioned sales exemption allows an employer to not pay overtime if over 50% of the employee's income is derived from commissions. Generally, inside sales is a non-exempt duty and overtime eligible. Of course, there are always exceptions and he should seek the advice of an attorney experienced in this area before taking any action to get a full and thorough analysis.

    1 person marked this answer as helpful

  4. In CT, do restaurants have a proscribed amount of time to pay servers tips off of credit cards?

    Answered over 4 years ago.

    1. Richard E Hayber
    1 lawyer answer

    In Connecticut, employers must "pay weekly all moneys due each employee on a regular pay day, designated in advance by the employer, in cash, by negotiable checks or, upon an employee's written request, by credit to such employee's account in any bank which has agreed with the employer to accept such wage deposits. The end of the pay period for which payment is made on a regular pay day shall be not more than eight days before such regular pay day, provided, if such regular pay day falls on a...

    1 person marked this answer as helpful

  5. Can an employer make payroll deduction because I had personal charges on company cell phone, they stated misuse?

    Answered almost 5 years ago.

    1. Scott E Schaffer
    2. Richard E Hayber
    2 lawyer answers

    Not in Connecticut. We have a statute which requires written consent for such deductions. Of course, if you violated a rule in making those calls, you probably owe them the money. I'd work out an arrangement with them if I were you.

    1 person marked this answer as helpful

  6. Is it legal in CT for restaurants to train employees without pay?

    Answered 10 months ago.

    1. Scott E Schaffer
    2. Alan T Harrison
    3. Richard E Hayber
    3 lawyer answers

    This is most definitely not right. We have minimum wage laws in Connecticut and the 13th Amendment abolished slavery!

  7. Can i be charged a late fee for not sending in my time sheet, even though i clock in and out every time i work?

    Answered over 1 year ago.

    1. Richard E Hayber
    2. Daniel M Young
    2 lawyer answers

    No. This is not legal. In Connecticut, employers may not make deductions from paychecks without your expressed written consent!

  8. Was I wrongfully terminated?

    Answered about 2 years ago.

    1. Richard E Hayber
    2. Robert M Fortgang
    2 lawyer answers

    Yes. To the extent that you were complaining about not being paid compensation that you earned, it is illegal to fire you for this. Hire a good lawyer and sue! Richard Hayber

  9. Do i have a right to view my employee file in ct

    Answered over 3 years ago.

    1. Richard E Hayber
    1 lawyer answer

    The Connecticut Personnel Files Act entitles you to a copy of your personnel file. Personnel File is defined as (5) "Personnel file" means papers, documents and reports, including electronic mail and facsimiles, pertaining to a particular employee that are used or have been used by an employer to determine such employee's eligibility for employment, promotion, additional compensation, transfer, termination, disciplinary or other adverse personnel action including employee evaluations...

  10. Documentation use for unemployment?

    Answered over 3 years ago.

    1. Richard E Hayber
    2. Locksley O'Sullivan Wade
    2 lawyer answers

    You should hire a lawyer. The employer will have to prove that they knew about this conduct and that it was the reason you were fired. It will also have to prove that you got the policy and knew about it. Attorneys are quite helpful at these appeal hearings and usually well worth the money since in this economy you might be on unemployment longer than the normal 26 weeks.