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
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
Recalling Furloughed or Laid-Off Workers -
Given phased reopening recommendations, social distancing requirements, and employees working remotely, employers may have to choose which employees to return to work first....more
8/4/2020
/ Americans with Disabilities Act (ADA) ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Emergency Management Plans ,
Employer Liability Issues ,
Families First Coronavirus Response Act (FFCRA) ,
Furloughs ,
Layoffs ,
Screening Procedures ,
Wage and Hour ,
Workplace Safety
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
In 2016, the EEOC revised its EEO-1 form that collects pay data from employers with 100 or more employees. The previous version of the EEO-1 form required employers to report the number of employees across ten job categories...more
9/18/2019
/ Data Collection ,
Deregulation ,
EEO-1 ,
Equal Employment Opportunity Commission (EEOC) ,
Equal Pay ,
Gender-Based Pay Discrimination ,
Pay Data ,
Pay Discrimination ,
Pay Gap ,
Regulatory Oversight ,
Regulatory Reform ,
Regulatory Requirements ,
Reporting Requirements ,
Wage and Hour
On June 11, 2019 Governor Kay Ivey signed the Clarke-Figures Equal Pay Act into law. The new law makes Alabama the 49th state to enact a state law against wage inequality. HB225 was sponsored by Representative Adline Clarke...more
6/14/2019
/ Employer Liability Issues ,
Equal Pay ,
Equal Pay Act ,
Gender Discrimination ,
Gender Equity ,
Gender-Based Pay Discrimination ,
New Legislation ,
Pay Equity Laws ,
Pay Gap ,
Pay Transparency ,
Sex Discrimination ,
State and Local Government ,
State Labor Laws ,
Wage and Hour
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