Shulman Rogers Gandal Pordy & Ecker, P.A. Employment Law Alert Montgomery County, Maryland Passes Mandatory Paid Leave Law In mid-June 2015, the Montgomery County Council unanimously voted to enact a law that mandates paid leave be provided to persons working in the county, including those working in the private sector. The Earned Sick Leave and… More
Wage and Hour
DC Wage Theft- The Forms are Out and Must be Provided to New Hires
The Mayor’s office released the template notices that employers and staffing agencies must provide to new hires and incumbent employees under the D.C. Wage Theft Prevention Act. The forms are available on the DC.gov website. Effective IMMEDIATELY, new employees must receive the notice at time of hire. Forms must be distributed to current employees… More
YOU’RE ON NOTICE: NEW NOTICE REQUIREMENTS FOR EMPLOYERS
Employers in Washington D.C. are keeping tabs on recent legislation signed by Mayor Vincent C. Gray that should keep HR departments busy in the coming months. The “Wage Theft Prevention Amendment Act of 2014” is expected to reach Congress on November 12, 2014, and provided there is no Congressional action, will be become effective after… More
New Minimum Wages For Maryland and DC employees
October 1 marked a new day in minimum wage for many local employees. Montgomery County, Md – new minimum wage is $8.40. Will go to $9.55 on 10/1/15, $10.75 on 10/1/16, and $11.50 on 10/1/17. Prince George’s County, Md- new minimum wage is $8.40. Will go to $9.55 on 10/1/15, $10.75 on 10/1/16, and $11.50… More
LinkedIn Pays $5+ Million in Overtime and Damages After DOL Investigation
LinkedIn, the popular social networking site for professionals, just paid $3+ million in overtime back wages and an additional $2+ million in liquidated damages to settle claims brought on behalf of former and current employees. The settlement marked the conclusion of an investigation by the U.S. Department of Labor (DOL) into alleged (and apparently substantiated)… More
Be Proactive to Avoid FLSA Class and Collective Actions
Smart employers live in fear of a Fair Labor Standards Act (“FLSA”) class or collective action. How does this play out? One employee is fired and his lawyer realizes that the employer failed to comply with the (incredibly difficult and confusing) wage and hour laws. The lawyer realizes his client is probably not the only… More
Federal Government Finds the FLSA Tricky, Too
One of the most common complaints we hear from employers is that it is almost impossible to get everything right under the Fair Labor Standards Act (FLSA). Fear not, private employers, you are not alone in your confusion. The Court of Federal Claims recently ruled that the Federal government violated the Fair Labor Standards Act… More
Wage Violations May Exclude You From Federal Government Contract Work
The New York Times just reported that President Obama will sign an Executive Order requiring companies to disclose recent wage and hour law violations (within the past three years), and will then encourage agencies not to contract with companies that violate these laws. This likely means that the online representations and certifications that contractors complete through… More
FRANCHISORS BEWARE: You May Be Liable for the Labor Misdeeds of your Franchisees
Yesterday, to the shock of McDonalds and all other franchising companies, the National Labor Relations Board (NLRB) dramatically revised its definition of a “joint employer” and determined that franchisors can be responsible for ensuring that the companies to whom they sell a franchise comply with all labor laws. At issue were 43 different unfair labor… More
Harsh Liability Likely for Government Contractors that Violate the FLSA
A bill approved on July 10, 2014 by the House of Representatives includes an amendment that would prohibit all energy and water development agencies and other related agencies from working with contractors who have committed Fair Labor Standards Act (FLSA) violations within the past 5 years. Under current law all government contractors can already be… More