With the "gig economy" in full swing, state and federal agencies have an incentive to scrutinize whether workers are properly classified as independent contractors or employees. After all, employers are not responsible for paying half of an independent contractor's...
Federal Wage and Hour Violations
Federal Wage and Hour Violations
DOL Expected To Clarify How FLSA Overtime Rates Are Determined
Under the federal Fair Labor Standards Act, non-exempt employees are entitled to the premium overtime rate of 1-1/2 times their regular rate of pay for all hours worked past 40 in a single workweek. The regular rate of pay is determined by adding up all earnings,...
Employee, Employer Groups Testify On DOL’s Proposed Overtime Rule
In 2016, the Obama administration's Labor Department proposed a change to the overtime rule in the federal Fair Labor Standards Act. That change would have increased the exempt salary threshold, which is the minimum amount employees must earn in order to be classified...
Local Minimum Wage Increases
As of July 1, 2018, the minimum wage for the state of Maryland, District of Columbia, and Mongtomery County, Maryland all increased. The following increases immediately take effect as of Sunday: The state of Maryland minimum wage is now $10.10 per hour; In Montgomery...
In 5-4 Split, US Supreme Court Approves Mandatory Arbitration
"The policy may be debatable but the law is clear," wrote Justice Neil Gorsuch in Epic Systems Corp. v. Lewis, a case testing whether employers can require employees to arbitrate wage and hour claims individually, as opposed to banding together in a class action. Part...
Federal Judge Rules Uber Limo Drivers Are Independent Contractors
In the first ruling under federal law involving Uber, a U.S. District Court Judge in Pennsylvania has just ruled that limousine drivers for UberBLACK are independent contractors under the Fair Labor Standards Act. The FLSA sets the minimum wage and overtime rules for...
New ‘PAID’ Wage And Hour Audit Program Reduces Penalty For Errors
The Payroll Audit Independent Determination (PAID) pilot program is like "a get-out-of-jail-free card for employers" with wage-and-hour compliance issues, according to a federal advocacy coordinator for the National Employment Law Project. If your company were audited...
Wage And Hour Claims: 2018’s Top Litigation Risk For Employers
In the top ten employment-related class action settlements last year, employers paid out a total of $2.72 billion -- up from $1.75 billion in 2016. The most common types of cases included workplace discrimination, employee benefits and wage and hour issues....