The Department of Labor’s Wage and Hour Division (WHD) have been busy bees! The newest opinion letter, written by Acting Administrator Bryan L. Jarrett, provides insight into how to compensate employees who take numerous FMLA-protected breaks throughout the day (FLSA2018-19). Continue reading
Category Archives: Wages and Benefits
Wage and Hour Update: New Opinion Letters
The Department of Labor’s Wage and Hour Division (WHD) resumed their practice of issuing opinion letters in 2017. Since then, they have issued several, including one last spring that pertained to paid travel time when attending a conference or other work-related matter (FLSA2018-18). Continue reading
Local Case of Note: DDOL Wins Summary Judgment
The Case
The Third Circuit recently had the opportunity to rule on a case brought against the Delaware Department of Labor’s Office of Anti-Discrimination (“OAD”), by its former Acting Administrator. The OAD was awarded summary judgment, and the Third Circuit confirmed the award, holding that even accepting all of the employee’s allegations as true, there was no legal basis to conclude that OAD had violated the federal Equal Pay Act. Continue reading
Paid Leave 2.0: Why Some Companies are Paying Their Workers to Quit
Have you ever started a job and realized that it was not what you thought it would be? Or have you ever hired someone who seemed like a perfect fit in the interview and then was a total dud when they were on the job? Most of us have. But in a novel approach, some companies have taken charge and started to pay their employees to quit. Continue reading
Life after Epic Systems: Almost 3000 Workers Are Dropped from Chipotle’s Wage Suit
When the Supreme Court ruled on Epic Systems v. Lewis on May 21, 2018, they altered how cases involving collective action would play out. We are currently seeing the results of the Court’s decision in the case of Turner et al v. Chipotle Mexican Grill, Inc. Continue reading
Big Legislative Takeaways for Delaware
Saturday June 30 (and into the wee hours of Sunday July 1) saw the end of the fiscal year and with it came midnight and last minute (literally) deals in the Delaware General Assembly. Here were some of the biggest takeaways that will affect employment law: Continue reading
Waiting for Wages: Washington, DC Votes to Eliminate Two-Tier Minimum Wage
It’s Hard Out There for a Tip
Life as a waiter is hard. Rude customers, surviving the lunch rush, and then you get stiffed on a tip. While it’s an afterthought for many of us as diners, tips are a waiter’s livelihood. For those who have never waited a table or processed payroll for a hospitality business, here’s a secret: waiters aren’t entitled to the same minimum wage as everyone else in the United States. Continue reading
Right-to-work: Right or Wrong?
Recently there has been a lot of talk in Delaware regarding right-to-work laws.
When a private-sector company is organized, the union will try to negotiate a requirement that all employees either join the union and pay union dues or pay a so-called agency fee for the services provided by the union like negotiations and grievance processing. The National Labor Relations Act (NLRA) authorizes individual states to outlaw this practice. Any state who passes such a law is called a “right-to-work state.”
Delaware, like 21 other states, is not a right-to-work state. Delaware Governor Carney wants Delaware to stay that way. Continue reading
BREAKING NEWS: U.S. DOL Announces New FLSA Proposed Rule
The U.S. Department of Labor (DOL) released its proposed rule today that would broaden federal overtime pay regulations by raising the minimum salary threshold to $50,440 per year in order qualify for an exemption from overtime under the Fair Labor Standards Act (FLSA). Continue reading
Marriage Equality and the FMLA
The Supreme Court’s 2013 ruling in United States v. Windsor created a lot of uncertainty in the area of federal employment benefits. Because the federal government’s definition of marriage as being between one man and one woman was held to be unconstitutional, the decision left open the question of when same-sex couples were eligible for spousal benefits in a variety of contexts. In a move that is sure to simplify issues for multi-state employers, the Department of Labor is taking steps to clarify that issue under the Family & Medical Leave Act (FMLA). Continue reading
Delaware Employment Law Blog 