On April 27, 2021, President Biden signed Executive Order (E.O.) 14026, which raised the minimum wage paid by government contractors to workers performing work “on or in connection with” covered federal contracts. As of January 1, 2023, workers covered by
Continue Reading Federal Contractor Minimum Wage Requirements: Are all employees entitled to a raise?DOL Issues Important Opinion Letter on FMLA
The Department of Labor (DOL) issued a public opinion letter on February 9, 2023, in response to an employer’s inquiry about an employee’s inability to work more than an eight-hour day due to a Family Medical Leave Act (FMLA) qualifying
Continue Reading DOL Issues Important Opinion Letter on FMLAFMLA Covers Parental Attendance at IEP Meetings
As students return to school, employers should be mindful of a new U.S. Department of Labor opinion letter impacting when a parent may use qualifying intermittent FMLA leave. On August 8, 2019, the U.S. Department of Labor concluded that an
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President Trump Nominates Scalia to Department of Labor
President Trump has nominated Eugene Scalia, son of the late Supreme Court Justice Antonin Scalia, to head the United States Department of Labor. Scalia will replace Secretary of Labor Alexander Acosta, who stepped down amid controversy. Mr. Scalia will have
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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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Key Takeaways from the Recent Overtime Rule Listening Sessions
The Wage and Hour Division of the U.S. Department of Labor (DOL) held public listening sessions on October 30, 2018 to gather views on the Part 541 white collar exemption regulations, the 2016 “Overtime Rule.” Sessions were held in Atlanta, GA, Seattle, WA, Kansas City, MO, Denver, CO, Providence, RI, and Washington DC. A review of the actual transcripts reveals that many different interests presented comments, including human resource professionals, small business, nonprofits, employees, employers, attorneys, and large businesses. Full renditions of the transcripts by city can be found here.
The DOL posed these questions for addressing at the Listening Sessions:
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DOJ and DOL Combine Forces to Combat Employment Discrimination Against U.S. Workers
On July 31, 2018, the Department of Justice (DOJ) and the Department of Labor (DOL) signed an agreement that sets guidelines for inter-agency collaboration to combat suspected employer non-compliance with immigration laws. The agencies have agreed to share resources, including records, and education and training where necessary, and refer cases to one another when an agency learns of employer non-compliance.
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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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Key Takeaways from Our 2017 Employment Law Seminars
Haynsworth Sinkler Boyd recently hosted our annual Employment Law Seminars across South Carolina. These complimentary seminars educated Human Resource professionals on recent employment law updates and changes.
Here is
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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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