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Legal & Legislative Updates

    SAVE THE DATE: 2020 CVSHRM LEGAL & LEGISLATIVE CONFERENCE FRIDAY, OCTOBER 23, 2020

    January 2020 Update

    The Maryland and West Virginia legislatures are both went into session on January 8.  Check back for developments that impact employers and employees.  In Maryland, watch for possible action on bills seeking to allow employers to seek safety orders.

     

    On November 20, 2019, the Maryland Court of Special Appeals decided a case involving the calculation of overtime wages for employees paid a day rate, which is noted was common in the trash-hauling industry.  The Maryland Wage and Hour Law provides that eligible employees are entitled to an overtime wage of at least 1.5 times the “usual hourly wage” or “regular hourly rate” for each hour that the employees work in excess of 40 hours during one workweek.  The decision of the court was that the “regular hourly rate” for a day-rate employee who was not paid by the hour must be calculated by dividing the total compensation for employment in any workweek by the total number of hours worked in that workweek, which yields a result identical to the overtime calculation for day-rate employees under the federal Fair Labor Standards Act.  See Poe v. IESI MD Corporation, No. 559, Sept. Term, 2018 at   https://mdcourts.gov/data/opinions/cosa/2019/0559s18.pdf.

     

    Thanks,

     

    Tracey

     

    Tracey Eberling

    Member
    Steptoe & Johnson PLLC

    1250 Edwin Miller Boulevard, Suite 300
    Martinsburg, WV 25404

    O: 304-262-3532 F: 304-933-8748 C: 240-626-1042 

    tracey.eberling@steptoe-johnson.com
    www.steptoe-johnson.com