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Mind the Gap Please

Darrell VanDeusen
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...
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Board Members Not "Employers" Under Virginia Wage Law

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

Jordan Dunham
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...
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DOL Unveils Revamped Independent Contractor Test

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

Vincent Jackson
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...
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Reminder About Maryland Minimum Wage Increases

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

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

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

Darrell VanDeusen
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...
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New Virginia Overtime Law Takes Effect July 1

Eric Paltell
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...
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