On December 9, 2020, the U.S. Court of Appeals for the Fourth Circuit found that a former employee did not meet the definition of a “qualified individual” to afford protection under the Americans with Disabilities Act (ADA)...more
Last week, our firm hosted a webinar on recent developments in federal wage and hour law compliance as part of Nexsen Pruet’s Employment Law Certificate Series. The topic proved to be very timely as the U.S. Department of...more
Last week, the U.S. Department of Labor (DOL) issued a Notice of Proposed Rulemaking that would raise the minimum salary threshold required for workers to qualify for the overtime exemptions for executive, administrative and...more
Picture a typical Monday at your business. Your employees are working hard on their first day back from the weekend. The phone rings. On the other end is the manager of another business in town seeking a reference for an...more
In the past year, the U.S. Department of Labor (DOL) has made several announcements concerning the evolution of the tip pooling rules. These have focused on employees who had been banned from inclusion in a tip pooling...more
This month, the Department of Labor (DOL) announced that it will be using a new method to determine whether interns and students employed by a for-profit employer should be paid employees under the Fair Labor Standards Act...more
The U.S. Department of Labor (DOL) published a notice of proposed rulemaking (NPRM) in the December 5, 2017 edition of the Federal Register, with a proposal to rescind its 2011 regulations on tip pooling. The NPRM appears to...more
From Hollywood to Capitol Hill, sexual harassment in the workplace has taken the media – and the country – by storm. While harassment in the workplace is not a new topic, the recent surge of claims has put an intense...more
On August 24, 2017, a former employee entered a popular downtown Charleston, South Carolina restaurant, killed the executive chef, and held a person hostage for several hours, before being shot and injured by the police,...more
When a customer leaves a tip for a server, who receives the full amount of the tip at the end of the day? According to a 2011 Department of Labor (DOL) regulation, the tip always belongs to the server, even if the employer...more
With graduation season upon us and temperatures warming up, it is only a matter of time before amusement and theme parks, beaches, and pools see an influx of visitors as families begin their summer vacations. Many of these...more
This week, our Charleston office held its Legal Grounds coffee break. The Legal Grounds event provides an opportunity for managers, owners, and human resources personnel in the food and beverage and hospitality industries to...more
This week, our Charleston office held its Legal Grounds coffee break. The Legal Grounds event provides an opportunity for managers, owners, and human resources personnel in the food and beverage and hospitality industries to...more
The new smartphone app, Pokémon Go, has taken the world by storm. This increasingly popular free game uses the GPS feature and camera of the player’s smartphone to capture creatures called “Pokémon” who appear on the user’s...more