Wage & Hour Archives - Page 6 of 12 - Kollman & Saucier P.A.

Expanded Construction Contractor Wage Liability Takes Effect October 1, 2018

Kollman & Saucier

09/10/2018

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 in accordance with his or her employer’s regular pay practices to sue the employer for the wages that...

Kollman & Saucier

09/07/2018

Virginia Employment Law, Wage & Hour

The Supreme Court of Virginia has affirmed the dismissal of a suit for unpaid wages because of the plaintiff's failure to seek mediation before filing suit. In Primov v. Serco, Inc., the Court upheld the Circuit Court of Fairfax County's dismissal of a complaint with prejudice upon sustaining a plea in bar for failure to comply with a contractual condition precedent before filing suit. In Primov, the plaintiff alleged that he had an employment...

Kollman & Saucier

08/30/2018

FMLA, Temporary Workers, Wage & Hour, Wellness Programs

After going into hibernation during the Obama Administration, opinion letters have reemerged as part of the DOL’s Wage and Hour Division’s (WHD) efforts to guide employers seeking valuable input about legal compliance and best practices. As the DOL itself explains, these letters are “official, written opinion[s] by WHD on how a particular law applies in specific circumstances presented by the person or entity requesting the letter.” The...

Kollman & Saucier

08/06/2018

Wage & Hour

On July 26, 2018, California’s Supreme Court ruled in Troester v. Starbucks Corporation that the FLSA’s de minimus rule does not apply to California wage and hour claims. The FLSA’s de minimus rule is firmly established in federal wage and hour law, and generally provides that insubstantial or insignificant periods of time beyond typical working hours that cannot be precisely recorded may be disregarded. The Ninth Circuit, in which...

Kollman & Saucier

06/18/2018

Class Actions, Genetic Information, Wage & Hour

Employers of all sizes attempt to balance the need for accountability in timekeeping and having employees accurately report their hours worked with respect for employees’ privacy. To accomplish these goals in the era of modern technology, in addition to unique computer login information for individual workstations and employer-issued computers, some employers use other state-of-the-art technology such as fingerprint scanning systems. A recent...

Kollman & Saucier

06/13/2018

State Law, Wage & Hour

On July 1, 2018, new minimum wage rates went into effect for both Maryland and the District of Columbia. All employees who do not qualify for an exemption must be paid in accordance with the new rates. The changes provide a good opportunity for employers to audit pay practices to ensure compliance with wage and hour laws. Defense of a pay claim comes at a substantial cost and a simple review now can serve to mitigate or even eliminate complex...

Kollman & Saucier

04/16/2018

Legislative Developments, State Law, Wage & Hour

Disconnecting from work may be à la mode. And no, I do not mean topped with ice cream. Rather, it appears that laws restricting or prohibiting employers from requiring employees to check work e-mails after work hours could be catching. Last year, a law in France granting employees a “right to disconnect” from work went into effect. The law requires covered employers (companies with more than 50 employees) to ensure that their...

Kollman & Saucier

04/04/2018

Supreme Court Decisions, Wage & Hour

On April 2, 2018, the Supreme Court, with its second consideration of the same case, held in a 5-4 decision, that automobile service advisors are exempt from overtime under the Fair Labor Standards Act (FLSA). In Encino Motorcars, LLC v. Navarro, the Supreme Court held that service advisers fall under the FLSA exemption applicable to “any salesman, partsman, or mechanic primarily engaged in selling or servicing automobiles, trucks, or farm...

Kollman & Saucier

02/16/2018

Agency Activity, Business Law, Wage & Hour

Prior to and during my college years, I supported myself by working as a server in restaurants. It was fast-paced, hard work with very long hours most of the time. Dealing with hungry and demanding diners also had its mentally exhausting moments. My restaurant job history is near and dear to my heart. So when I learned about the Department of Justice’s proposal to remove Obama-era regulations prohibiting certain employers...

Kollman & Saucier

01/26/2018

Wage & Hour

A recent case decided this week by the United States Court of Appeals for the Fourth Circuit, Balbed v Eden Park Guest House, et al., sheds some light on the somewhat confusing FLSA analysis that comes into play when an employer provides an employee on-site lodging and other benefits. At its most basic level, the FLSA requires an employer to pay an employee a minimum wage rate based on the number of hours an employee works and the remuneration...

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Expanded Construction Contractor Wage Liability Takes Effect October 1, 2018

Failure to Mediate Bars Claim for Unpaid Wages

DOL’s Six Latest Opinion Letters Offer Useful Guidance To Employers

California Refuses To Adopt FLSA De Minimus Rule

Illinois Federal Court Permits Biometric Privacy Case To Proceed

New Minimum Wage Rates Effective July 1 For Maryland And D.C.

New York City Introduces Disconnecting From Work Law

No Overtime This Time... Supreme Court Holds Service Advisors Are Exempt Under The FLSA

FLSA Tip Regulations Facing Repeal By DOL

Fourth Circuit Revives Live-in Innkeepers FLSA Claims

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Category: Wage & Hour

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