Déjà Vu (All Over Again)

Darrell VanDeusen
Darrell VanDeusen
05/09/2024
Today’s musical interlude is John Fogerty’s Déjà vu (All Over Again), the first track off his 2004 album of the same name.  That was 20 years ago, but the lyrics resonate today. This song came to mind as I anticipate the reaction from the business community to the Department of Labor’s April 23, 2024 announcement of the expansion of overtime eligibility for certain employees.  The final rule was published in the Federal Register on April...
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DOL Issues Final Rule on Independent Contractor Classification under the FLSA

On January 10, 2024, the Department of Labor (DOL) announced its final rule and guidance on how the DOL will analyze if a worker is an employee or independent contractor under the Fair Labor Standards Act (FLSA).  The final rule, which becomes effective on March 11, 2024, will be published in Title 29, Chapter V of the Code of Federal Regulations parts 780, 788, and 795.  This 2024 rule rescinds prior guidance from the DOL issued in 2021 and...
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D.C. Expands Wage Transparency Law

Kollman & Saucier
Kollman & Saucier
01/18/2024
The District of Columbia’s Wage Transparency Act has been around for nearly a decade.  The District recently expanded the Act through D.C. Act 25-367 to broaden employer pay transparency obligations. The Mayor signed the law on January 12, 2024, and it will be effective June 30, 2024 if it survives congressional review. The amendments require covered employers to provide a position’s wage range in all job listings and position descriptions,...
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Maryland Minimum Wage Is Set To Rise To $15.00 Per Hour On January 1, 2024

Kollman & Saucier
Kollman & Saucier
12/16/2023
Get ready to pay your employees more!  On January 1, 2024, minimum wage in Maryland is set to increase to $15.00 per hour for all employers.  This is a fairly substantial increase as it is effectively two years of increases at once.  The 2023 minimum wage rate for large employers (15 or more employees) is $13.25 per hour and for small employers it is $12.80 per hour. This is the last of four years of gradual increases that began in 2019.  The...
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The Independent Contractor Conundrum: Make Sure Your Workers Are Classified Correctly

Kollman & Saucier
Kollman & Saucier
11/04/2023
A few claims have come across my desk lately that boil down to one issue: misclassified independent contractors.  In each case, the employer has classified a worker as an independent contractor but the realities of the relationship show the worker should have actually been classified (and paid) as an employee.  The result is a claim of unpaid wages and/or overtime.  The issue often arises after a seemingly happy worker leaves the business or...
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The U.S. Department of Labor Proposes New Overtime Eligibility Rule

Kollman & Saucier
Kollman & Saucier
09/08/2023
Federal overtime pay provisions are part of the Fair Labor Standards Act (FLSA).  Unless exempt, employees covered by the FLSA must be paid at a time-and-a-half rate for time worked over 40 hours in a work week.  Under current law, workers who are salaried, earn at least $35,568 annually ($684 per week), and work in a bona fide executive, administrative, or professional capacity are exempt, meaning they are not entitled to overtime pay.  The...
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Keep Your Religion Off My Tacos: Taqueria Found To Have Retaliated When Workers Were Offered A Priest To Confess Their Workplace Sins

Kollman & Saucier
Kollman & Saucier
06/26/2023
A Sacramento California restaurant is on the hook for $140,000 in back wages and penalties owed to 35 employees after entering into a consent judgment in the U.S. District Court, Eastern District of California.  The consent judgment resolves a case brought by the Department of Labor, Wage and Hour Division, against Taqueria Garibaldi and its several owners and operators.   As a primer, the Department of Labor, Wage and Hour Division (“DOL”)...
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Maryland Minimum Wage To Increase to $15/Hour On January 1, 2024

The legislature has updated the scheduled increases to the State’s minimum wage.  For small employers (those with fewer than 15 employees), the State minimum wage is $12.80 per hour as of January 1, 2023.  For employers with 15 or more employees, the State minimum wage is $13.25 per hour as of January 1, 2023. The minimum wage rate will increase to $15 per hour on January 1, 2024 for all employers, regardless of size. The legislature also...
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The Limits of the FLSA Exemption for “Learned Professionals”

Vincent Jackson
Vincent Jackson
04/06/2023
When flying, many passengers have experienced that moment of turbulence, that disconcerting jolt of the aircraft.  During the precious seconds that follow, you may have offered a quick prayer that the pilot draw on his years of experience, education and expertise to guide the plane to safety.  You may have additionally marveled that any human being could exert control over an object as large and complex as a commercial jet.  Small wonders,...
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Are Kids the Key to Solving the Hiring Crisis?

Mathew Moldawer
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...
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