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

Are Kids the Key to Solving the Hiring Crisis?

Mathew Moldawer

03/31/2023

Since the beginning of the pandemic, certain industries have been hit hard by employees resigning in search of greener pastures – work/life balance and flexible work. Quit rates were high in industries including the retail, restaurant, and hospitality. While some businesses and industries have seen a rebound in hiring, hiring in those industries appear to be stagnant. While incentives such as signing bonuses have been used to attract new...

Jordan Dunham

03/20/2023

FLSA Exemptions, Wage & Hour

On March 15, 2023, the Third Circuit Court of Appeals issued its opinion of first impression in Higgins v. Bayada Home Health Care, Inc., Case No.: 21-3286, ___ F.4th ___ (Mar. 15, 2023), affirming the United States District Court for the Middle District of Pennsylvania decision granting summary judgment in favor of Bayada Home Health Care, Inc. (“Bayada”). The issue in this case was whether Bayada’s practice of docking accrued paid time off...

Jordan Dunham

01/22/2023

Wage & Hour

Although I am a bit late, Happy New Year! With the new year comes house cleaning, finally picking up those fallen leaves in the yard, and oh yea, minimum wage rate increases. This blog will give you an update on the various new (or existing) minimum wage rates affecting employers throughout Maryland and elsewhere in the DMV. As a refresher, the Fair Labor Standards Act (“FLSA”) sets the federal minimum wage rate at $7.25 per hour. That...

Darrell VanDeusen

11/10/2022

Wage & Hour

It’s that time of year when I update my FMLA/Wage and Hour treatise (available as a part of the Lexis/Nexis Labor and Employment Law set). I am still surprised by stuff I learn for the first time when I do this. For example, I had never thought about something called “gap time.” So, maybe it’s something new (and possibly of interest) to you as well. The FLSA requires employers to pay non-exempt employees both a minimum wage and...

Kollman & Saucier

11/03/2022

Virginia Employment Law, Wage & Hour

On October 13, 2022, the Supreme Court of Virginia held that a company's board members are not "employers" who can be held liable for unpaid wages under Virginia Code Section 40.1-29(j). Cornell, et. al. v. Benedict, et.al. (No. 210934). In so holding, the Court ruled that the statute's definition of employer is more narrow than that used in the Fair Labor Standards Act or the Virginia Minimum Wage Act. The appellants worked as therapists at...

Jordan Dunham

10/28/2022

Wage & Hour

A common misconception in the food service industry is the thought that there is a “server’s minimum wage.” To be clear, there is no server’s minimum wage. There is the federal minimum wage, currently $7.25 per hour, set by the Fair Labor Standards Act (“FLSA”), and some states have a higher state minimum wage. In Maryland, for example, the minimum wage as of January 2023 will be $13.25 per hour (through December 31, 2022, the...

Garrett Wozniak

10/14/2022

Agency Activity, Independent Contractors, Wage & Hour

The United States Department of Labor has issued a proposed rule that will significantly impact worker classification under the Fair Labor Standards Act (FLSA). The proposal, released Tuesday, October 11, 2022, is a departure from the standard adopted during the Trump administration. The FLSA generally requires covered employers to pay nonexempt employees at least the federal minimum wage for all hours worked and at least one and one-half times an...

Vincent Jackson

07/29/2022

State Law, Wage & Hour

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...

Kollman & Saucier

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...

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Are Kids the Key to Solving the Hiring Crisis?

Third Circuit Rules Docking PTO Under Production Standard Does Not Run Afoul Of FLSA Exemption

2023 is Here. Are You Paying Your Employees Minimum Wage?

Mind the Gap Please

Board Members Not "Employers" Under Virginia Wage Law

Is Your Restaurant’s Hourly Pay and Tip Pool Practice Lawful?

DOL Unveils Revamped Independent Contractor Test

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

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Category: Wage & Hour

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