$3.8 million dollars. That’s what a Tucson, Arizona jury awarded to a former fire paramedic denied workplace accommodations required under the Fair Labor Standards Act for women who want to pump breast milk for their infants. Under the law, for the first year after the birth of a child, employers must provide non-exempt employees with reasonable breaks to pump. Employers also must provide a place, other than a bathroom, that is shielded from the view of others and that is free from intrusion by coworkers or others.
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The Fair Labor Standards Act requires employers to pay overtime to non-exempt employees for all hours worked over 40 in a workweek, calculated at one and one-half times their regular rate of pay. The Department of Labor has issued a proposed rule that revises the requirements regarding the regular rate of pay in order to better reflect the modern workplace.
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In the latest development in the long saga involving the overtime rule, the Department of Labor has now issued its long-awaited proposed revision to the regulations governing which employees are exempt from the requirement to pay overtime for all hours worked over 40 in a workweek.

The Current Rule: The current overtime rule, which took

Maryland lawmakers have introduced a bill that would increase the minimum wage to $15.00 per hour by 2023. Notably, the State’s minimum wage is currently $10.10 per hour, which is significantly greater than the federal minimum of $7.25. Many progressive leaders and newly elected legislators do not think Maryland’s current minimum wage is high enough, and as a result, there has been an increased push to pass the proposed legislation. If enacted, Maryland would join the notoriously employer-unfriendly jurisdictions like California, New York, Massachusetts, New Jersey, and Washington D.C. If the experience in those States is a guide, the increased minimum wage would increase the cost of doing business in Maryland, create incentives to deploy technology to reduce labor costs, harm workers who are least skilled (by making them less attractive “at the price” vis-à-vis more skill peers), and create severe obstacles for businesses operating within the State. 
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So after a hiatus of many years, the Department of Labor has once again begun issuing opinion letters, which are responses to a particular employer’s situation that offer guidance to all employers on specific issues under the Fair Labor Standards Act. This is quite exciting for employment law nerds like me – and one of these letters highlighted an interesting interaction between the FLSA and disability laws like the Americans with Disabilities Act and analogous state laws. (OK, I know that you’re on the edge of your seat now…)
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New York City is often on the fringe.  From its fashion to its tall buildings to its restaurants, the Big Apple likes to be cutting edge.  Even when it comes to its laws.  Really, who can forget the controversial proposed ban on “big” sugary sodas?  Fortunately, that specific attempt to regulate personal choice was ultimately stopped in its tracks. 
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On April 9, 2018, the Department of Labor announced the issuance of a Field Assistance Bulletin clarifying the recent amendments to the tip pooling provisions of the Fair Labor Standards Act, which were incorporated in the omnibus budget bill that was passed by Congress on March 21, 2018. Additionally (but without fanfare), the DOL revised its Fact Sheet #15: “Tipped Employees Under the Fair Labor Standards Act (FLSA).” The Bulletin clarifies that employers who pay the full minimum wage to tipped employees may require their participation in tip pools that include workers who are not “customarily and regularly” tipped – an issue that had been subject to significant controversy.
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Here we are again on the brink of another possible federal government shutdown, and employers may be wondering how it may impact them. The last time, during the 2013 federal government shutdown, we provided a summary of the shutdown contingency plans for the major employment-related agencies – the Department of Labor (DOL) (which includes the Occupational Safety and Health Administration (OSHA) and the Wage-Hour Division (WHD)), the National Labor Relations Board (NLRB), and the Equal Employment Opportunity Commission (EEOC).  So we thought we’d provide you with an updated summary of these plans, which set forth what the agencies will and will not do if there is an actual shutdown.
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