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Wage & Hour

Maryland Appellate Court Adopts Federal Overtime Standard

Maryland’s Wage and Hour Law is closely modeled on the federal Fair Labor Standards Act. Similar to the FLSA, Section 3-415 of the Maryland Labor and Employment Article requires that employers pay overtime at rate of “1.5 times the usual hourly wage.”  A recent decision from the Maryland Court of Special Appeals held that, when […]

DOL Rolls Out New and Proposed Rules Regarding FLSA Pay Requirements

The U.S. Department of Labor (DOL) recently took two actions implicating and potentially implicating, respectively, how employees are paid under the federal Fair Labor Standards Act (FLSA). A New Rule First, on September 27, the DOL issued a final rule on implementing the exemptions from minimum wage and overtime pay requirements for executive, administrative, professional, […]

“Not Willful” Is Not The Same As “No Bad Faith” – A Lesson In FLSA Liquidated Damages

After a jury verdict was returned in favor of a group of Baltimore nightclub exotic dancers for their claims under the Fair Labor Standards Act and Maryland wage and hour law against the nightclub owner and the two nightclub entities, the presiding Magistrate Judge also awarded liquidated damages to the plaintiffs.  The club owner appealed […]

Department of Labor Opines That Gig Workers are Independent Contractors

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

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

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

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

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 […]