Main Menu

Wage & Hour

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 […]

Meal Periods On Plane Are Not Compensable Time

By on March 14, 2019 in Wage & Hour

Ed Alonso worked for Akal Security, Incorporated (“Akal”) as an Aviation Security Officer (“ASO”). ASO’s supervise people being deported from the United States during domestic travel between holding facilities and international travel to the deportees’ home countries.  Once deportees are transported to their home countries, ASO’s take a return flight to the United States. Akal’s policy […]

Two Important Wage-Related Updates

By on March 8, 2019 in Agency Activity, Legal Developments, Legislative Developments, Wage & Hour

This has been an action-packed week on the wage and hour frontier.  Two important decisions at the federal level are expected to significantly impact most employers going forward. Revised Overtime Rule First, on Thursday evening, the Department of Labor (DOL) announced its long-awaited proposed rule to update the salary exemption threshold under the Fair Labor […]

Department of Labor Rescinds 80/20 Tip Rule

By on December 7, 2018 in Agency Activity, Wage & Hour

Employers in the restaurant industry are probably familiar with the tip credit, which, in general terms, allows an employer to claim a “credit” between what it pays tipped employees and the minimum wage.  The tips that such employees earn, and form the basis for the “credit,” are thought to make up for this gap. However, […]

Age and Wage Issues Among Many Resolved On Election Day

By on November 7, 2018 in Age Discrimination, Gender Identity, Legislative Developments, Medical/Legal Marijuana, State Law, Wage & Hour

As votes in yesterday’s elections continue to be tallied, there were several developments of interest to employers and to labor and employment practitioners alike. Age: The ADEA Applies To Public Sector Employers Of All Sizes First, yesterday morning, the Supreme Court announced its first decision of the 2018-19 term.  In a unanimous (8-0) ruling, the […]

D.C. Creates New Training And Reporting Obligations For Employers With Tipped Employees

By on November 2, 2018 in Legislative Developments, State Law, Wage & Hour

You may recall that earlier this year, voters in the District of Columbia passed an initiative (Initiative 77) that would have increased the minimum wage for tipped employees (who predominantly work in the restaurant, hotel, and retail service industries) incrementally up to $15.00 an hour by 2025. Recently, however, the D.C. Council changed course by […]

Expanded Construction Contractor Wage Liability Takes Effect October 1, 2018

By on September 10, 2018 in State Law, Wage & Hour

Beginning on October 1, 2018, construction contractors doing business in Maryland may be held liable if their subcontractors fail to pay their workers.  To say that this expanded liability is significant would be an understatement. First, a bit of background.  The Maryland Wage Payment and Collection Law permits an employee who has not been paid […]