After issuing proposed rules and seeking public comment in October 2022, the Department of Labor (DOL) announced the finalized regulations for its new Independent Contractor Rule (the New Rule), which takes effect on March...more
1/10/2024
/ Department of Labor (DOL) ,
Economic Realities Test ,
Employee Definition ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Federal Labor Laws ,
Final Rules ,
Freelance Workers ,
Gig Economy ,
Hiring & Firing ,
Independent Contractors ,
Labor Reform ,
Misclassification ,
Over-Time ,
Wage and Hour
On August 30, 2023, the U.S. Department of Labor (DOL) unveiled a significant proposed increase to the salary threshold for exemptions to the Fair Labor Standards Act’s (FLSA) overtime pay requirements. The DOL estimates the...more
9/7/2023
/ Department of Labor (DOL) ,
Employer Liability Issues ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Federal Labor Laws ,
Final Rules ,
Highly Compensated Employees ,
Labor Reform ,
Minimum Salary ,
Non-Exempt Employees ,
Over-Time ,
Salaried Employees ,
Unpaid Overtime ,
Wage and Hour ,
White-Collar Exemptions
WHAT MATTERS -
After more than two months of litigation, the Supreme Court stayed OSHA’s November 5, 2021 Emergency Temporary Standard requiring COVID-19 vaccination or weekly testing for employers with more than 100...more
1/14/2022
/ Biden Administration ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Employer Mandates ,
Infectious Diseases ,
Lack of Authority ,
National Federation of Independent Business v Department of Labor and OSHA ,
OSHA ,
SCOTUS ,
Stays ,
Vaccinations ,
Virus Testing ,
Workplace Safety
Resources -
South Carolina Business License Reforms Go Into Effect January 1, 2022 -
South Carolina businesses have historically been subject to business license taxes on their gross income that vary widely from...more
12/16/2021
/ Biden Administration ,
Business Licenses ,
Contract Management ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Federal Contractors ,
Infectious Diseases ,
Minimum Wage ,
Online Contracts ,
Tax Liability ,
Tax Reform ,
Tipped Employees ,
Tips ,
Travel Ban ,
Vaccinations ,
Wage and Hour
Tip Credits under the Fair Labor Standards Act -
The Fair Labor Standards Act (“FLSA”) generally permits employers to pay tipped employees less than the minimum hourly wage, provided that the tips the employee receives are...more
12/1/2021
/ Department of Labor (DOL) ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Final Rules ,
Food Service Workers ,
Job Duties ,
Labor Reform ,
Labor Regulations ,
Minimum Wage ,
Restaurant Industry ,
Tip Credit ,
Tip-Pooling ,
Tipped Employees ,
Tips ,
Wage and Hour
The 11th Circuit clarified that employers, not employees, bear the burden of proving compliance with the 80-20 rule for employees subject to the tip credit under the FLSA....more
9/17/2021
/ Burden of Proof ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Employment Litigation ,
Fair Labor Standards Act (FLSA) ,
Food Service Workers ,
Job Duties ,
Labor Regulations ,
Regulatory Standards ,
Restaurant Industry ,
Summary Judgment ,
Tip Credit ,
Tipped Employees ,
Tips ,
Unpaid Wages ,
Vacated ,
Wage and Hour
On September 24, 2019, the Department of Labor announced its final rule updating the salary threshold necessary to exempt certain employees from the Fair Labor Standards Act’s minimum wage and overtime requirements. While the...more
On August 28, 2018, the Department of Labor’s Wage and Hour Division issued an opinion letter clarifying the permissibility of no-fault attendance policies under the Family and Medical Leave Act (FMLA). Employers frequently...more
When Donald Trump takes office in January 2017 he will enjoy Republican majorities in both the House and Senate, which should allow him to take quick action on a number of employment law issues. Although there issome...more
12/20/2016
/ Anti-Retaliation Provisions ,
Child Care ,
Department of Labor (DOL) ,
Drug Testing ,
E-Verify ,
EEO-1 ,
Equal Employment Opportunity Commission (EEOC) ,
Equal Pay ,
Fair Labor Standards Act (FLSA) ,
Foreign Workers ,
Gender-Based Pay Discrimination ,
H-1B ,
Highly-Skilled Workers Visa ,
Immigrants ,
Immigration Reform ,
Joint Employers ,
LGBTQ ,
Maternity Leave ,
Minimum Salary ,
Minimum Wage ,
NLRB ,
OSHA ,
Over-Time ,
Pay Equity Laws ,
Popular ,
Transgender ,
Trump Administration ,
Wage and Hour ,
Wages ,
White-Collar Exemptions ,
Workplace Injury ,
Workplace Safety