Archives: Fair Labor Standards Act (FLSA)

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Overtime Rule Blocked: Now What?

Late Tuesday, November 22nd, a federal judge issued an order that effectively pauses the new “overtime rules” that had been scheduled to take effect December 1, 2016. The ruling enjoins the Department of Labor from implementing or enforcing the new “overtime rules” on a nationwide basis “pending further order” of the court. It is important to … Continue Reading

Employers Shouldn’t Count on the Overtime Rule Being Overthrown by Texas Federal Court

US Supreme CourtSouth Carolina is one of 21 states that have joined in a federal lawsuit filed in Texas contending that the “President is trying to rewrite [the Fair Labor Standards Act].” To recap, the rule in question is actually an amendment to the FLSA’s salary basis test increasing the minimum salary amount for exempt employees from $23,660 … Continue Reading

It’s Here: Final Rule on Overtime Announced Today

After much anticipation (as discussed previously on our blog here), the final rule regarding the salary threshold for exempt executive, administrative, professional and outside sales and computer employees under the Fair Labor Standards Act was announced today.  The good news is that the rule does not go into effect until December 1, 2016, so employers … Continue Reading

FLSA “Tipping” Practices

The plethora of litigation against restaurants for alleged improper tip practices continues.  Follow this link to see new litigation brought against a restaurant for requiring tipped employees to perform non-tipped work. If a restaurant takes a tip credit, those employees who are paid pursuant to the tip credit cannot perform non-tipped work more than 20% … Continue Reading

Gear Up for HSB’s 2015 HR Law Updates

Haynsworth Sinkler Boyd’s Employment Team is pleased to offer the 2015 HR Law Update in six cities this Fall. Hot Topics. Through these six sessions, you’ll learn about hot topics HR managers are facing today: Immigration, Criminal Background Checks, Independent Contractors, FLSA Violations, Pregnancy Non-Discrimination, and more. Don’t miss out. In one morning, we’ll cover the basics of … Continue Reading

Are You Misclassifying Independent Contractors in Your Work Force?: The Department of Labor Says You Probably Are

New guidance released July 15, 2015, from the Department of Labor (DOL) narrows independent contractor classification so that “most workers are employees under the FLSA.” The DOL’s guidance makes it clear that the amount of control an employer has over a worker is not as important in properly classifying the worker. Instead, the DOL details … Continue Reading

Proposed New Rule More Than Doubles Minimum Salary for Exempt Employees

The DOL today issued its long awaited proposed rules changing the salary basis test for those employees classified as exempt under the Fair Labor Standards Act (FLSA).  The salary basis test is one of two tests necessary to determine if an employee is properly classified as exempt. The minimum salary basis for exempt employees is … Continue Reading

Reimbursement for Work-Related Expenses: Beware the FLSA Kickback Rule

Domino’s is under fire for allegedly not paying its pizza delivery drivers minimum wage.[1] According to a new class action lawsuit, some of Domino’s drivers are receiving less than minimum wage. Despite being paid at least $7.25 an hour, the lawsuit claims that the drivers are below the minimum wage because Domino’s is not adequately … Continue Reading

Free Summer Help?

Employers wishing to employ unpaid interns this summer may run afoul of the Fair Labor Standards Act (FLSA) which carries penalties of unpaid wages, attorneys’ fees and, possibly, an award of liquidated damages double the amount of the wage award, not to mention bad publicity.  The FLSA requires employers to pay wages to any person … Continue Reading