On Feb. 22, 2023, the U.S. Supreme Court weighed in on overtime exemptions under the Fair Labor Standards Act (FLSA) and held that a highly compensated employee was entitled to overtime pay because he was paid a day rate and...more
Warm weather and summer are approaching, and so too is the end of the school year. As a result, many businesses may now or soon be considering bringing on a summer intern. Students in various industries and stages of...more
In Hall v. UBS, the South Carolina Supreme Court recently issued definitive answers on three certified questions in the employment law context. The opinion clarifies the following S.C. employment law issues:...more
On December 7, 2021, a U.S. District Judge temporarily blocked—nationwide—implementation of the Administration’s “federal contractor and subcontractor vaccination mandate,” a mandate which would have required that all...more
On November 30, 2021, Judge Van Tatenhove of the U.S. District Court for the Eastern District of Kentucky issued a preliminary injunction blocking enforcement of the federal contractor COVID-19 vaccine mandate in Kentucky,...more
A federal court recently issued a ruling in one of the first lawsuits in South Carolina challenging mandatory vaccinations. In Bauer v. Summey, employees of the City of North Charleston, the City of Charleston, and the St....more
A New York Arbitrator’s recent decision invalidating the non-disclosure agreement (“NDA”) signed by former Apprentice star turned White House advisor Omarosa Manigault Newman (“Omarosa”) is a cautionary tale for employers who...more
Recently we provided an overview of expected vaccine mandates for: (1) employers with 100 or more employees, (2) federal contractors, and (3) healthcare employers.
On September 24, 2021 a task force issued guidance on...more
On Sept. 9, 2021, President Biden issued a six-part plan to combat the ongoing COVID-19 pandemic “while also keeping schools open and safe, and protecting [the] economy from lockdowns and damage.”...more
9/15/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Employer Mandates ,
Federal Contractors ,
Federal Employees ,
Health and Safety ,
Healthcare Workers ,
Infectious Diseases ,
Vaccinations ,
Virus Testing ,
Workplace Safety
Over the past year and a half, employers have become all too familiar with various public health agencies and their regulations, recommendations, and preventative measures. For the past several months, a big question for...more
On July 27, 2021, the U.S. Centers for Disease Control and Prevention (CDC) updated its guidance on masking and other health measures in light of the rise in coronavirus cases fueled by the delta variant of SARS-CoV-2, or...more
On July 9, 2021, President Biden issued an executive order on “Promoting Competition in the American Economy.” The order directs more than a dozen federal agencies to address a wide range of competition-related issues. One...more
On April 28, 2021, Gov. Henry McMaster signed South Carolina’s COVID-19 Liability Immunity Act into law. The state’s employers will now have a defense that they are immune from liability if an employee claims s/he contracted...more
The Americans with Disabilities Act (ADA) has always been important for employers, and it has become increasingly so as the unprecedented COVID-19 pandemic continues to impact workplaces and businesses across the country and...more
On September 11, 2020, the U.S. Department of Labor (DOL) issued revised regulations and updates regarding the implementation of the Families First Coronavirus Response Act (FFCRA). The new rule was issued in response to a...more
As more businesses begin to open their doors and dip their toes into the “new normal” of operating in the age of COVID-19, they have had to quickly become quasi-experts on juggling the various rules, regulations, and...more
Employers starting to reopen and return employees to work are wrestling with unprecedented and difficult business decisions while continuing to monitor and implement the ever-evolving health and safety risks and legal issues....more
A seemingly innocuous interview question is now illegal to ask job applicants in numerous jurisdictions, and the number of jurisdictions implementing similar bans is increasing rapidly....more