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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Department of Labor Delays New Overtime Rules
While employers continue to prepare for the Department of Labor’s proposed new overtime rules, the DOL’s Solicitor of Labor recently announced that the final regulations will not appear until “late in 2016.” While this gives employers more time to
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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
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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
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