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 Posters

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
Continue Reading U.S. Department of Labor Issues Notice of Proposed Rulemaking for Joint Employment

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.
Continue Reading Utilizing Arbitration Agreements Effectively

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.
Continue Reading Congress Addresses Who Can Share Tips