The U.S. Department of Labor (DOL) issued two Model Notice Posters and additional FFCRA enforcement guidance on March 25, 2020. The Model Notices as well as Fact Sheets, and Questions and Answers for Employers on Fair Labor Standards Act (FLSA)
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COVID-19 Update: Department of Labor Issues Guidance and Congress Considers Paid Leave
HSB’s Employment Team continues to monitor the latest developments with COVID-19 and its impact on the workplace. The current version of the COVID-19 Relief Package being considered in Congress contains mandatory paid sick leave and expanded FMLA. Since the proposed
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2020 Employment Law Legislative Update: Podcast and Blog
If you would rather listen than read, check out this podcast when Chris Gantt-Sorenson and Perry MacLennan joined Kelly Scheib and Steve Nail on Survive HR to discuss some of the proposed bills and agency regulations in this blog.
Only
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U.S. Department of Labor Issues Notice of Proposed Rulemaking for Joint Employment
On April 1, 2019, the U.S. Department of Labor released a Notice of Proposed Rulemaking (NPRM) on joint employment under the Fair Labor Standards Act (FLSA).
The Department is proposing to revise and clarify the responsibilities of employers and joint
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New Overtime Rule (Again!)
The U.S. Department of Labor (“DOL”) has finally announced its proposed new rule for overtime eligibility under the Fair Labor Standards Act. The DOL’s Thursday announcement proposes to increase the salary threshold to $35,308 per year, an increase from $455
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Can a Member of a South Carolina LLC be an Employee of that Company?
In Morin v. Innegrity, LLC, the South Carolina Court of Appeals permitted a member of an LLC that was performing services for the LLC to recover unpaid wages under the South Carolina Payment of Wages Act (SCPWA or the
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Utilizing Arbitration Agreements Effectively
By now, most, if not all, of you are familiar with the Supreme Court’s decision in Epic Systems Corp. v. Lewis, 138 S. Ct. 1612 (2018), which upheld the validity of waivers of FLSA collective actions in arbitration agreements. The United States District Court for the District of South Carolina recently issued an order expanding on Epic Systems.
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Congress Addresses Who Can Share Tips
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.
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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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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
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