Topics

Archives

Select Month:

Contributors

  • Posts by R. Douglas Taylor, Jr.
    Shareholder

    Douglas Taylor is a shareholder at Bean, Kinney & Korman focusing his practice on employment law.

    For nearly 25 years, Doug has provided legal representation to companies and individuals on a wide range of federal, state and local ...

The U.S. Department of Labor (DOL) issued an opinion letter on March 15, 2019 that answered the question of “whether an employer may delay designating paid leave as Family and Medical Leave Act (FMLA) leave or expand their FMLA leave beyond the statutory 12-week entitlement.” The DOL’s answer in short: No way.

On March 7, 2019, the U.S. Department of Labor (DOL) issued proposed rules that would update the salary threshold for the Fair Labor Standard Act’s (FLSA) so-called “white collar” or “EAP” exemptions from overtime. The importance of this issue for employers is tied to the fact that an employee must be paid on a salary basis at or above the DOL’s specified minimum weekly salary level in order to be exempt from the FLSA’s overtime pay requirements.  

What Changes

Currently, employees paid a weekly salary below $455 per week ($23,660 per year) are deemed non-exempt and must be paid overtime for all hours worked over 40 per week.

The partial federal government shutdown appears likely to continue into a second week, with no agreement on funding for the Department of Homeland Security, State Department, Justice Department and Interior Department, among other federal departments and agencies. For a second time this year, government contractors face the challenge of complying with a complex set of federal and state employment laws, while their federal contract work and workers remain idle. This article briefly identifies some of the issues affecting government contractors during the shutdown and provides guidance on how to navigate the issues.

Montgomery County, Maryland

Effective July 1, 2018, the minimum wage payable by employers in Montgomery County, Maryland, increased to $12.25 per hour, from the previous minimum wage rate of $11.50 per hour for large employers (those with 51 or more employees in the county). For mid-size employers (11 and 50 employees) and small employers (10 or fewer employees) the hourly minimum wage increased to $12.00. The minimum wage rate increases are part of a bill that was passed last year by the Montgomery County Council that will ultimately result in the minimum hourly wage in the county rising to $15.00 as of July 1, 2021 for large employers, July 1, 2023, for mid-size employers, and July 1, 2024 for small employers.

Just as many employers are heading into the 2018 summer-intern recruitment season, the U.S. Department of Labor (“DOL”) announced that it has abandoned the rigid six-factor test in use since 2010 to determine whether interns of for-profit entities must be treated as paid employees.  Under the DOL’s previous six-factor test, an intern was deemed to be an employee unless all six-factors were met, increasing the likelihood that an employer would end up having to pay its interns a minimum wage and overtime under the Fair Labor Standards Act (“FLSA”).

On January 12, 2018, Maryland became the latest state to require employers to provide paid sick leave to employees, when the Maryland General Assembly overrode Governor Larry Hogan’s veto of the bill last year. The bill - known as the Healthy Working Families Act - will become law on February 11, 2018, unless the General Assembly acts to delay its implementation.

December 4, 2017
Facebook LinkedIn Twitter Email Print
Topics Employment

In October 2017, California became the latest in a growing list of states and localities to ban employers from asking job applicants about their salary histories, a list that includes: Massachusetts, Delaware, Oregon, Puerto Rico, San Francisco, Philadelphia and New York City. Similar legislation is currently under consideration in other states, including: Virginia, Maryland, New York, Rhode Island and Texas.

The new law expands California’s already existing equal pay provisions, which mandate equal pay, without regard to gender, for substantially similar work. Under the new law, an employer may not make an oral or written request of a job seeker for salary history information, either directly or through a third party agent. Nor may an employer use a job applicant’s prior salary history “as a factor in determining whether to offer employment to an applicant or what salary to offer an applicant.” The term “salary history” also includes employee benefits.

September 25, 2017
Facebook LinkedIn Twitter Email Print

Minimum Wage Rate Increases

Last week, the Office of Federal Contract Compliance Programs (OFCCP) announced an increase in the minimum wage applicable to federal contractors for contracts that are covered by Executive Order 13658.  Effective January 1, 2018, the new hourly minimum wage rate will be $10.35, up from the current hourly rate of $10.20. The minimum hourly wage rate for tipped employees will increase to $7.25.

July 24, 2017
Facebook LinkedIn Twitter Email Print
Topics Employment

The U.S. Citizenship and Immigration Service (“USCIS”) announced on July 17, 2017 that it has released a newly revised Form I-9 Employment Eligibility Verification Form.  Federal law requires all employers to complete a Form I-9 for each individual hired for employment in the United States. 

Employers can begin using the revised version of the Form I-9 now, or continue to use the previous version of the form (11/14/16 rev. date).  However, as of September 18, 2017, only the new Form I-9 will be acceptable.

For employers in the District of Columbia and Montgomery County, Maryland, the cost of doing business just got more expensive.  Effective July 1, 2017, the hourly minimum wage rate in the District of Columbia increased a dollar to $12.50, while in Montgomery County, Maryland, the minimum hourly wage rate went up to $11.50. 

Virginia’s minimum hourly wage remains at $7.25, which mirrors the current federal hourly wage rate under the Fair Labor Standards Act (“FLSA”). In jurisdictions like D.C. and Montgomery County, which mandate a higher hourly minimum wage, employers must comply with the state- or locally-established minimum wage rate because it is more favorable to the employee than the FLSA hourly minimum.