Whether Auto Dealer Service Writers (also called Service Advisors) are exempt from federal and state overtime pay requirements has been an issue for years. The U.S. Department of Labor (“DOL”) has flip-flopped on the issue since the exemption for “any salesman, partsman, or mechanic primarily engaged in selling or servicing automobiles” was written into the
Wage & Hour
Attorney’s Fees Awarded for Maryland Wage Case Appeal
By Patrick M. Pilachowski on
Posted in Wage & Hour
On May 19, 2014, Maryland’s highest court (the Court of Appeals) issued a significant decision setting forth the rights of prevailing plaintiffs’ attorneys to recover their fees in successful wage claim litigation against employers.
In Friolo v. Frankel, the Court of Appeals heard this case for the third time, following two previous visits to…
After-Hours Sexual Harassment Requires Overtime Pay
By Fiona W. Ong on
There are many sexual harassment cases, but this one, Malphurs v. Cooling Tower Systems, Inc., really caught my attention: The plaintiff claimed that the owner of the company often made her work late so that he could sexually harass her when they were alone. These late hours were overtime, but the owner allegedly refused…
EEOC, NLRB and DOL Shutdown Contingency Plans
By Fiona W. Ong on
Due to the federal government shutdown, the Equal Employment Opportunity Commission (EEOC), the National Labor Relations Board (NLRB) and the Department of Labor (DOL) have issued contingency plans. These plans set forth what the agencies will and will not do during the shutdown.
The EEOC’s contingency plan states that the EEOC will continue to perform…
Compensatory Time for Employees?
Posted in HR Compliance, Wage & Hour
If an employee asks for time off from work rather than pay for overtime hours worked, can a company grant this request?
It depends. Generally, overtime is due whenever an employee who is not overtime exempt works more than 40 hours in a workweek. (A few states require the payment of overtime if an employee…