Some employees customarily receive tips, but those tips aren't always in addition to the worker's wage. Many tipped workers are minimum-wage earners, and the law allows some of those tips to be counted toward ensuring they earn that minimum wage.
Whether you are an employee or employer, no one likes the idea of layoffs. But regardless of which side you may fall on, it is important to remember that Maryland law specifically outlines how -- and when -- a terminated employee must be paid.
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 popular restaurant, Harpoon Hanna's, located just across the Delaware line next to Ocean City, Maryland, has been sued for failure to pay proper wages to a tipped employee. Within the last year, a number of popular Ocean City restaurants have been sued by employees for failure to pay proper wages, including the failure to pay time-and-a-half for overtime.
Chicago police officers sued in Federal Court requesting unpaid overtime for off-duty work done on their BlackBerry phones. In a recent Opinion, the United States Court of Appeals for the Seventh Circuit held that while the BlackBerry work would have been compensable overtime, the Cops' claims failed because the City of Chicago had no knowledge of the unreported hours.
Another federal appeals court has held that employees who have faced illegal retaliation at work are eligible to recover damages for emotional distress under the Fair Labor Standard Act (FLSA). The FLSA governs wage and hour laws, such as overtime and minimum wage, for businesses across the United States. This holding could have significant implications for employers throughout the country.
Usually it is obvious who is an "employer" under wage and hour laws, and the employees know who cuts their checks. What about the situation when a worker is employed by a small affiliate to a larger organization? Who is the "employer" for purposes of wage and hour law?
Some working people prefer the flexibility that comes with being an independent contractor. Many more people, however, prefer the stability that comes with being an employee. Sometimes employers wrongly classify employees as independent contractors. This practice is known as misclassification. Misclassification violates the federal Fair Labor Standards Act (FLSA) and many state laws as well. More importantly, misclassification exploits working people.
Currently, any salaried employee who performs executive, administrative or professional duties who earns $455 or more a week, or $23,660 in a year, is not entitled to overtime pay for working more than 40 hours a week.
In the coming weeks and months, the U.S. Labor Department is going to release new salary thresholds under the Fair Labor Standards Act (FLSA). These thresholds will potentially impact millions of American workers. Currently, salaried employees performing executive, administrative or professional duties are not eligible to receive overtime if they earn more than $23,600 a year. Under these proposed new rules, the overtime threshold will increase to $50,440 a year. Consequently, workers in many fields who earn less than this amount will be eligible for overtime when they work more than 40 hours in a week.