Fair Labor Standards Act (FLSA)

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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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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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.

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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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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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