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Rite Aid’s Full-Day Unpaid Leave Policy Valid under FLSA

Randi Klein Hyatt
Randi Klein Hyatt
12/20/2012
Litigation, Wage & Hour
Three former Rite Aid pharmacists filed a class action suit against the national retain drugstore chain, seeking overtime pay under state and federal laws.  The professionals contended that Rite Aid’s unpaid personal leave policy disqualified them from exempt status under the Fair Labor Standards Act (FLSA), and impermissibly reduced their salaries.  Maryland’s federal district court granted summary judgment for Rite Aid, finding that the...
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Be Prepared For Various State Minimum Wage Increases Effective January 1, 2013

Randi Klein Hyatt
Randi Klein Hyatt
12/18/2012
State Law, Wage & Hour
Companies with operations in multiple states will want to take note of the minimum hourly wage increases that are being implemented on January 1, 2013 in various states: Arizona is increasing its minimum hourly wage from $7.65 to $7.80.  The minimum wage for tipped employees increases from $4.65 to $4.80. Colorado will increase its minimum wage from $7.64 to $7.78.  Minimum wage for tipped employees will go from $4.62 to $4.76. Florida is...
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Maryland Extends Personal Liability to Individuals Under State Wage Payment Law

Garrett Wozniak
Garrett Wozniak
11/30/2012
State Law, Wage & Hour
In Campusano v. Lusitano Construction, LLC, et al., No. 1529 (Md. Ct. Spec. App. Nov. 21, 2012) (Matricciani, J.), the Maryland Court of Special Appeals concluded that individuals may be “employers” and therefore be liable under Maryland’s Wage Payment and Collection Law (MWCPL). Francisco de Oliveria worked for his son’s business, Lusitano Construction, LLC.  As a supervisor of a construction project, Francisco “set [employees’]...
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Four More Years: What Does Obama's Reelection Mean for Employers?

Eric Paltell
Eric Paltell
11/07/2012
Agency Activity, Disability & Leave, Employment Discrimination, Labor Law, Legislative Developments, Wage & Hour, Workplace Safety
With the results of the Presidential election now in, its time to answer a question I’ve heard from a number of clients today: what does President Obama’s reelection mean for employers?  The short answer: you can expect to see a lot of blog posts from us about aggressive enforcement initiatives by the NLRB, DOL, EEOC, and other enforcement agencies.  In this post, I’ll give you a high level overview of what I think we are going to see. NLRB:...
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Hurricane Sandy and Some Employment Issues To Consider

Randi Klein Hyatt
Randi Klein Hyatt
10/29/2012
Wage & Hour
With many offices closed today, and more likely to remain and be closed tomorrow, we wanted to remind employers about pay rules in place for weather-related closings. Most exempt employees who are paid on a salary basis are not subject to pay reductions because of a business closure.  Indeed, even if an exempt employee misses a full day of work, an employer may not reduce the employee’s weekly salary.  It is important not to improperly reduce an...
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New York Expands Scope of Permissible Employer Deductions from Wages

Eric Paltell
Eric Paltell
09/19/2012
Agency Activity, Legislative Developments, Wage & Hour
For almost 50 years, New York has had one of the most restrictive state laws on deductions from wages.  Under Labor Law Section 193, wage deductions were permissible only when required by law or limited to “payments for insurance premiums, pension or health or welfare benefits, contributions to charitable organizations, payments for United States bonds, payments for dues or assessments to a labor organization, and similar payments for the benefit...
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New Lactation Law May Provide Basis for Retaliation Claim

Eric Paltell
Eric Paltell
07/25/2012
Litigation, Wage & Hour
By Eric Paltell One of the more obscure provisions of the Patient Protection and Affordable Care Act (a/k/a “Obamacare”) amends the Fair Labor Standards Act (“FLSA”) to require employers to provide break time and a private place for employees to express breast milk for nursing children.  Although the amendments did not expressly give employees a right to sue employers who do not comply with the law, a recent federal court decision holds...
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