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?

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 FMLA

On March 2, Haynsworth Sinkler Boyd’s Garrett Steck and Kaitlin Beck provided an immigration law update discussing recent developments impacting employment-based immigration.

Click here to view a recording of this complimentary webinar presented by HSB’s Employment Law team.

Continue Reading HSB Webinar Announcement: Back to Normal? Immigration in the Post-COVID Business Environment

As 2022 is coming to a close, we’ve rounded up the top five most popular topics from our employment law blog over the past year. Take a look back with us!

1. Conducting a Workplace Investigation

Given that every employee

Continue Reading 2022 in Review: The 5 Most Popular Employment Law Topics We Covered This Year

Perry MacLennanJoin us for our next employment law seminar, Offer Letters and Employment Contracts: The Terms of Employment, on Thursday, April 25.

Perry MacLennan will discuss contracting with employees in South Carolina and the concepts of at-will employment. He will also focus on how to use offer letters correctly, South Carolina’s notice requirements and when to enter restrictive covenants.
Continue Reading HSB’s Employment Law Seminar Series: The Terms of 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
Continue Reading U.S. Department of Labor Issues Notice of Proposed Rulemaking for Joint Employment

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:
Continue Reading Key Takeaways from the Recent Overtime Rule Listening Sessions

Workplace violence is high on every HR professional’s list of worst nightmares regardless of the source – an employee, former employee, angry customer, or random third party. Of course, there are a host of security measures employers can undertake in an effort to prevent or mitigate violent incidents on their premises. While there is no substitute for good security measures, we are occasionally asked about what legal steps an employer can take where it is concerned that a particular person may engage in violence or inappropriate behavior on the premises – for example, a disgruntled former employee, a customer who is obsessed with an employee, or an angry ex-spouse of an employee. Unlike some jurisdictions, South Carolina does not have workplace violence restraining orders that allow an employer to obtain a restraining order on behalf of an employee that needs protection. However, depending on the circumstances, there are some legal options an employer can take to help protect its employees.
Continue Reading Legal Measures for Protecting Employees from Workplace Violence

Following the April 3, 2018 YouTube workplace violence tragedy, many news sources reported that there were 500 workplace homicides in 2016, the most recent workplace homicide statistic from the Bureau of Labor Statistic. The Bureau of Labor report, found here, noted this was “an increase of 83 cases from 2015” and that the “2016 total was the highest [number of workplace homicides] since 2010.” The report also revealed that 409 (82 percent) were homicides to men and 91 (18 percent) were homicides to women.” Further, “homicides represented 24 percent of fatal occupational injuries to women in 2016 compared with 9 percent of fatal occupational injuries to men.”
Continue Reading YouTube Shooting Raises Questions on Firearms in the Workplace