The 2018 federal appropriations bill signed into law on March 23rd includes an addition to the Fair Labor Standards Act (FLSA) stating that “[a]n employer may not keep tips received by its employees for any purposes, including allowing managers or supervisors to keep any portion of employees’ tips, regardless of whether or not the employer takes a tip credit.” The amendment also nullifies certain regulations issued by the Department of Labor in 2011, including regulations which prohibited an employer from using an employee’s tips as part of an invalid tip pool even where the employer was paying the employees the full minimum wage without utilizing a tip credit.
Continue Reading Congress Addresses Who Can Share Tips
Are Unpaid Interns Employees Under the FLSA?
On January 5, 2018, the United States Department of Labor announced that, going forward, it would utilize the “primary beneficiary” test for determining whether interns are employees under the FLSA, consistent with recent rulings from appellate courts. Its updated Fact
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Federal Judge in Texas Issues Final Ruling Striking Down New Overtime Rule
By now, employers are certainly well aware that on November 22, 2016, a federal judge in Texas issued a preliminary injunction that effectively prevented the implementation and enforcement of the new Department of Labor (“DOL”) regulations regarding the exemptions from
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DOL Rolls Back Its 2016 FLSA Overtime Rule
Today, July 26, 2017, the Department of Labor issued a Request for Information seeking notice and comment from the public before issuing revised proposed regulations regarding the minimum salary level required to meet the executive, administrative, and salary level exemption
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Failure to Accommodate Sincere Religious Beliefs Can Be a Costly Mistake for Employers
Last week, in the case of EEOC v. Consul Energy, Inc., the Fourth Circuit affirmed a $586,860 judgment for a coal miner who claimed that his employer (Consul Energy) failed to accommodate his religious beliefs and constructively discharged him
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What to Expect with the New Secretary of Labor Nominee Andrew Puzder
Since the election, employers have wondered what to expect from Donald Trump, particularly with significant changes like the new overtime rule that is now sitting in limbo. On December 8, 2016, Donald Trump named Andrew Puzder as his planned nominee
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How does the recent White House “call to action on non-compete agreements” affect SC employers?
Last week, the White House issued a “State Call to Action on Non-Compete Agreements” that calls for “state policymakers” to pursue certain restrictions on the use of non-compete agreements. It also released a report entitled “Non-Compete Reform: A Policymaker’s Guide
The Clock is Ticking – Are You Compliant?
We have closely monitored and continued to receive inquiries regarding the new rules that will take effect on December 1, 2016, regarding who is exempt from the Fair Labor Standards Act’s overtime rules. As the effective date looms, the clock
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How will the new DTSA help employers protect trade secrets?
On May 11, 2016, President Obama signed into law the Defend Trade Secrets Act of 2016 (“DTSA”), which provides a federal, civil cause of action for misappropriation of a trade secret. This opens up federal courts to trade secret owners
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Are Your Nonsolicitation Provisions Compliant with the Most Current Law?
Those employers who require their employees to execute restrictive covenants need to be aware of a recent South Carolina opinion that implied non-solicitation covenants should be limited to customers with whom the employee had personal contact while he was employed.
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