Legal Solutions At Work

The United States Department of Labor (“DOL”) released a Final Rule – commonly referred to as the “Bonus Rule”– that clarifies how employers should calculate the overtime rate of an employee if that employer also provides employee with any bonus or other incentive-based pay under the fluctuating workweek method. Under the fluctuating workweek method, nonexempt… More

In an opinion issued on August 3, 2020, a federal judge in the Southern District of New York ruled in favor of the State of New York on its challenge to the Department of Labor’s (“DOL”) interpretation of certain provisions of the Families First Coronavirus Response Act (“FFCRA”). The court vacated the following portions of… More

The U.S. Department of Labor Wage and Hour Division (“DOL WHD”) recently issued revised model notices and forms for employer administration of the Family and Medical Leave Act (“FMLA”) plus a Request for Information soliciting feedback on potential changes to the Act. The revised forms and notices are for employees requesting and employers coordinating FMLA… More

Effective July 27, 2020, Virginia has become the first state in the country to implement statewide workplace safety standards in response to the COVID-19 emergency. The Emergency Temporary Standard (the “Standard”) was adopted by the Virginia Department of Labor and Industry’s Occupational Safety and Health Administration (“VOSH”) to require employers to take affirmative steps to… More

Effective July 1, 2020, eligible employees may take up to a total of 8 weeks of government-administered paid leave (consisting of partial wage replacement, subject to monetary cap) per year under the District of Columbia’s Paid Family Leave program (“DCPFL”) as follows: Up to 8 weeks to bond with a new child Up to 6… More

On June 26, 2020, the United States Department of Labor, Wage and Hour Division (“DOJ WHD”) issued a Field Assistance Bulletin providing guidance with respect to the use of leave afforded by the Family First Coronavirus Response Act (“FFRCA”) to care for children due to the closure, for COVID-19 related reasons, of summer camps, summer… More

On July 1, 2020, the District of Columbia increased its minimum wage rate from $14.00 to $15.00 per hour for employees who do not receive gratuities and increased its minimum wage from $4.45 to $5.00 per hour for employees who do receive gratuities. As to the latter, it is very important to remember that the… More

While the much-anticipated increase to Virginia’s minimum wage has been postponed until 2021. This week, Virginia employers will be directly impacted by four new employment laws that went into effect on July 1, 2020. These new laws provide more protections and rights to employees in the areas of employment discrimination, narrow the reach (and use)… More

On July 1, 2020, the Montgomery County Minimum Wage Rate will increase as follows: from $13.00 to $14.00 for large employers with 51 or more employees; from $12.50 to $13.25 for mid-sized employers with 11 to 50 employees; and from $12.50 to $13.00 for small employers with 10 or less employees. Tipped employees must still… More

  On May 15, 2018, Maryland Governor Larry Hogan signed into law the Disclosing Sexual Harassment in the Workplace Act of 2018 (the “Act”). The Act, which went into effect on October 1, 2018, prohibits employers, regardless of size, from requiring employees enter into mandatory arbitration for sexual harassment or retaliation claims. Additionally, employers with… More