The Department of Labor (DOL) has extended the public comment period on its newly proposed test to determine whether a worker is an employee or independent contractor under the Fair Labor Standards Act (FLSA). If adopted, the proposed rule would
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Bonuses & Calculating an Employee’s Regular Rate of Pay for Overtime
The Fair Labor Standards Act (FLSA) requires that non-exempt employees be paid no less than time and one-half their regular rate of pay for all hours worked over 40 hours in a workweek. How should an employer calculate an employee’s
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Do I have to pay my summer intern?
As the summer approaches, many businesses will be looking to hire a summer intern. Internship programs can be a great option for both the intern, who has the opportunity to learn new skills, and the employer, who is able to
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Families First Coronavirus Response Act (FFCRA): Posters, Fact Sheets, Q&A for Employers
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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