Wage & Hour Archives - Kollman & Saucier P.A.

Court of Appeals Holds that Maryland Law Does Not Implicitly Adopt Federal Portal-to-Portal Act

Vincent Jackson

07/29/2022

Earlier this month, the Court of Appeals held that the federal Portal-to-Portal Act--which provides that time spent by workers traveling to and from work is not compensable--has not been implicitly adopted into Maryland law. Put another way, Maryland law does not define “compensable work” to exclude travel time. At issue in the case--which was actually two separate cases consolidated for purposes of the appeal--was whether construction workers...

Bernadette Hunton

01/19/2022

Wage & Hour

This is a reminder for all Maryland employers that effective January 1, 2022, Maryland’s minimum wage rates increased to $12.50 for employers with 15 or more employees, and to $12.20 for employers with 14 or fewer employees. Rates will continue to increase gradually each year for both large and small businesses until a $15 an hour rate is reached in 2025 (for large businesses) and in 2026 (for small businesses). Montgomery County Minimum wage...

Garrett Wozniak

07/23/2021

Government Contractors, Wage & Hour

Under regulations proposed by the Department of Labor, the minimum hourly wage paid by many federal contractors will increase to $15 per hour on January 30, 2022, and then annually beginning January 1, 2023 to an amount determined by the Secretary of Labor. The proposed rule, issued following Executive Order 14026, is open for public comment until August 23, 2021, and must be finalized by November 24, 2021. The current minimum wage is $10.95 per...

Bernadette Hunton

07/07/2021

State Law, Wage & Hour

On July 1, 2021, the following minimum wage increases took effect for Montgomery County, Maryland: EMPLOYER SIZE MINIMUM WAGE RATE Large Employer (51 or More Employees) $15 Mid-Sized Employer (11 to 50 Employees) $14 Small Employer (10 or Less Employees) $13.50 Employers doing business in Montgomery County that employ 1 or more employees in the County (not counting the business owners) are subject to the requirements of...

Darrell VanDeusen

06/28/2021

Wage & Hour

Overreaching has become an unfortunate consequence of life these days. Here’s one example. The Fourth Circuit recently affirmed dismissal of a lawsuit filed by a group of Lowe’s employees who alleged that bonus payments and volunteer time should count in the calculation of overtime due them. McPhee v. Lowe’s Home Ctrs., 2021 U.S. App. LEXIS 18076 (4th Cir. June 17, 2021). You may recall way back in late 2017 there was a change in the...

Eric Paltell

06/21/2021

Virginia Employment Law, Wage & Hour

On July 1, 2021, Virginia’s new Overtime Wage Act will take effect. Employers with employees in Virginia need to review the way in which they calculate overtime for salaried non-exempt employees, as the new law makes it impermissible to use the FLSA’s “fixed salary for fluctuating workweek” methodology that allows employers to pay a half-time premium for overtime hours. The new law was signed by Governor Northam or March 30, 2021, and...

Clifford Geiger

05/14/2021

Wage & Hour

Waters v. Pizza to You LLC, S.D. Ohio, No. 3:19-cv-00372, 5/7/21, is a case that involves delivery drivers who used their own vehicles to deliver pizzas for their employer. During the period at issue, the drivers were reimbursed $1 for each delivery, and that rate eventually was increased to $1.25. Given the average delivery radius, the reimbursement was less than the IRS business mileage rate, which was $0.54/mile. No actual vehicle expenses...

Bernadette Hunton

04/12/2021

Agency Activity, Wage & Hour

On April 9, 2021, the Department of Labor issued revised guidance on the agency’s use of liquidated damages to settle wage violations, rescinding limits imposed by the Trump administration less than a year ago. Under the Fair Labor Standards Act (FLSA), employers who violate certain provisions of the Act pertaining to minimum wage, overtime, and tipped employees, are liable for unpaid wages plus an additional equal amount as liquidated damages. ...

Randi Klein Hyatt

01/27/2021

Agency Activity, DOL Opinion Letters, Wage & Hour

In its final days under the Trump administration, the Department of Labor (DOL) had advanced three opinion letters on independent contracting and tip-pooling rules. On Tuesday, the DOL's Wage and Hour Division revoked the letters under the Biden administration's regulatory review freeze. The independent contracting rule would have permitted a simpler legal standard for classifying workers as independent contractors rather than employees covered...

Clifford Geiger

01/20/2021

Agency Activity, Wage & Hour

The U.S. Department of Labor issued four new opinion letters on January 19, 2021: FLSA2021-6 A trade association of staffing firms asked for an opinion on whether the Fair Labor Standards Act’s (FLSA) “retail or service establishment” exemption applies to staffing firms that recruit, hire, and place employees on temporary assignments with clients. Qualifying for the exemption would mean there is no overtime requirement under the...

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Court of Appeals Holds that Maryland Law Does Not Implicitly Adopt Federal Portal-to-Portal Act

Reminder About Maryland Minimum Wage Increases

DOL Issues Proposed Regulations For $15 Per Hour Minimum Federal Contractor Pay

Montgomery Co. Employer Alert: Minimum Wage Increase Effective July 1

Bonus and Volunteer Work Counts Toward Overtime? Fourth Circuit says “No!”

New Virginia Overtime Law Takes Effect July 1

Judge Rejects DOL Opinion Letter on Reimbursement of Delivery Drivers

DOL Reverses Policy Limits On Liquidated Damages For Wage Violations In Pre-Litigation Settlements

Biden DOL Revokes Three Eleventh-Hour Trump DOL Opinion Letters

DOL Issues Four New Wage & Hour Opinion Letters

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Category: Wage & Hour

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