Employers should post the DOL’s two new posters on FLSA and FMLA protections which the DOL updated following the passage of the Pregnant Worker’s Fairness Act (PWFA) and the Providing Urgent Maternal Protections for Nursing Mothers (PUMP) Act, discussed in
Continue Reading DOL Issues New FMLA and FLSA PostersU.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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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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DOL Rolls Back Its 2016 FLSA Overtime Rule
Today, July 26, 2017, the Department of Labor issued a Request for Information seeking notice and comment from the public before issuing revised proposed regulations regarding the minimum salary level required to meet the executive, administrative, and salary level exemption
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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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