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Wage & Hour

Department of Labor Clarifies “Regular Rate”

By on December 19, 2019 in Wage & Hour

Most employers are familiar with the terms “minimum wage” and “hourly rate,” but many are not familiar with the term “regular rate.”  Because overtime compensation must be paid at one and a half times an employee’s “regular rate,” not “hourly rate,” you should.  Let’s start with an example of the difference. Assume an employee’s hourly […]

Maryland Appellate Court Adopts Federal Overtime Standard

By on December 2, 2019 in Wage & Hour

Maryland’s Wage and Hour Law is closely modeled on the federal Fair Labor Standards Act. Similar to the FLSA, Section 3-415 of the Maryland Labor and Employment Article requires that employers pay overtime at rate of “1.5 times the usual hourly wage.”  A recent decision from the Maryland Court of Special Appeals held that, when […]

DOL Rolls Out New and Proposed Rules Regarding FLSA Pay Requirements

By on November 11, 2019 in Agency Activity, Wage & Hour

The U.S. Department of Labor (DOL) recently took two actions implicating and potentially implicating, respectively, how employees are paid under the federal Fair Labor Standards Act (FLSA). A New Rule First, on September 27, the DOL issued a final rule on implementing the exemptions from minimum wage and overtime pay requirements for executive, administrative, professional, […]

“Not Willful” Is Not The Same As “No Bad Faith” – A Lesson In FLSA Liquidated Damages

By on August 6, 2019 in Damages, Employer Liability, Wage & Hour

After a jury verdict was returned in favor of a group of Baltimore nightclub exotic dancers for their claims under the Fair Labor Standards Act and Maryland wage and hour law against the nightclub owner and the two nightclub entities, the presiding Magistrate Judge also awarded liquidated damages to the plaintiffs.  The club owner appealed […]

Department of Labor Opines That Gig Workers are Independent Contractors

By on May 3, 2019 in Agency Activity, Independent Contractors, Wage & Hour

On April 29, 2019, the Department of Labor’s (“DOL”) Wage and Hour Division issued an opinion letter (FLSA2019-6) stating that workers in the “gig” or “sharing” economy should be considered as independent contractors rather than employees.  This opinion letter, while limited to the specific facts of the anonymous company who requested it, has potentially wide-ranging […]

Maryland Increases Minimum Wage to $15 Per Hour

By on April 1, 2019 in Wage & Hour

The Maryland General Assembly has voted to override Governor Larry Hogan’s veto of legislation increasing the minimum wage.  As a result, the minimum wage in the State will increase to $15 per hour by 2025 for employers with 15 or more employees and 2026 for employers with 14 or fewer employees. The minimum wage will […]

DOL Proposes New Rules on Regular Rate Calculations

By on March 28, 2019 in Agency Activity, Wage & Hour

As anyone who has ever tried to properly calculate overtime can attest, the question of what compensation should properly be included in an employee’s regular rate of pay is a vexing one.  On March 28, 2019, the United States Department of Labor proposed new rules that may add some clarity. The “regular rate” of pay […]