In a significant decision, Maryland\u2019s Highest Court has set a new precedent in wage and hour law, advocating for the rights of hourly workers. The ruling in Mario Ernesto Amayo et al. v. DGS Construction LLC et al. and Juan Carlos Terrones Rojas et al. v. F.R. General Contractors Inc. et al., Nos. 14 and 17, September Term 2021, mandates that employees must be paid for any time controlled by their employer. This includes time spent in activities like waiting and being transported from remote parking lots to worksites, security checks, and COVID testing if mandated by the employer.<\/p>\n\n\n\n
Non-Incorporation of the Portal-to-Portal Act:<\/em> Maryland\u2019s wage laws have not adopted the federal Portal-to-Portal Act, which excludes certain types of time from compensable work hours under the Fair Labor Standards Act (FLSA).<\/p>\n\n\n\n Portal-to-Portal Act vs. Maryland Ruling<\/em>: The Portal-to-Portal Act generally excludes commuting time and preliminary or postliminary activities from compensable time. However, the Maryland ruling diverges from this standard.<\/p>\n\n\n\n FLSA and Busk Case:<\/em> The FLSA, which incorporates the Portal-to-Portal Act, was interpreted in the Supreme Court case Integrity Staffing Solutions, Inc. v. Busk. This ruling found that time spent in security screenings was not compensable as it was not integral to the employees’ principal work duties.<\/p>\n\n\n\n Maryland\u2019s Departure:<\/em> In contrast, Maryland\u2019s ruling acknowledges that such time, being under employer control, should be compensable.<\/p>\n\n\n\n Broadened Scope of Compensable Time<\/em>: Employees in Maryland are now entitled to compensation for all time during which they are under the control of their employer, regardless of whether these activities are part of their principal work duties.<\/p>\n\n\n\n Potential for Increased Compensation:<\/em> This ruling could lead to increased wages for hourly workers, particularly those in industries with mandatory security screenings, COVID screenings or other similar requirements.<\/p>\n\n\n\n Responsibilities for Employers<\/em>: Maryland employers must reevaluate their compensation policies to ensure they comply with this broader interpretation of compensable time.<\/p>\n\n\n\n States Breaking from Portal-to-Portal Act<\/em>: Maryland joins other states like California, Colorado, New Jersey, Illinois, and New York in deviating from the Portal-to-Portal Act’s standards.<\/p>\n\n\n\n Examples from Other States<\/em>: In California, for instance, time spent in security screenings is considered compensable if under the employer\u2019s control (Frlekin v. Apple, Inc., 258 Cal. Rptr. 3d 302, Cal. 2020).<\/p>\n\n\n\n Kennedy Law Firm Helps Employees.<\/p>\n\n\n\n KLF\u2019s Representation of Workers<\/em>: The Kennedy Law Firm is committed to representing workers who have not been fairly compensated for all their work time.<\/p>\n\n\n\n Contact Information for Legal Support<\/em>: Workers who believe their employers have failed to compensate them adequately can seek assistance and information at KLF\u2019s dedicated page for unpaid regular pay and overtime.<\/p>\n\n\n\n Are you an hourly worker in Maryland? Have you spent uncompensated time under your employer\u2019s control, whether in security checks, waiting, or transportation mandated by your employer? COVID testing? You may be entitled to compensation for this time. As an advocate for employee rights, I encourage you to reach out to us for guidance and support. Let\u2019s ensure your hard work and time are fairly compensated. Contact us for a free consultation and stand up for your rights.<\/p>\n","protected":false},"excerpt":{"rendered":" In a significant decision, Maryland\u2019s Highest Court has set a new precedent in wage and hour law, advocating for the rights of hourly workers. The ruling in Mario Ernesto Amayo et al. v. DGS Construction LLC et al. and Juan Carlos Terrones Rojas et al. v. F.R. General Contractors Inc. et al., Nos. 14 and<\/p>\n Comparison with Federal Standards:<\/strong><\/strong><\/h4>\n\n\n\n
Implications for Workers and Employers:<\/strong><\/strong><\/h4>\n\n\n\n
National Context and State Comparisons:<\/strong><\/strong><\/h4>\n\n\n\n
Contract us for Help.<\/strong><\/h4>\n\n\n\n