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Fourth Circuit Ruling Finds Employee is not a “Qualified Individual” under ADA when Employee Fails to Comply with Valid Safety...

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

Department of Labor Announces Notice of Proposed Rulemaking to Expand Tip Pooling Practices for Employers

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

DOL Proposes New Rule Raising the Salary Threshold for White-Collar Overtime Exemptions

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

Silence Can Be Golden: Avoiding Workplace Defamation Claims

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

The Tip Pool Saga Continues - Congress Moves to Allow Back-of-the-House Restaurant Workers to Participate in Tip Pools and Bans...

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

DOL Adopts New Test for Determining When Interns are Protected by FLSA

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

Department of Labor Moves One Step Closer to Allowing Employers More Flexibility in Their Tip Pooling Practices

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

Webinar to Focus on Preventing Harassment and Discrimination Claims in the Workplace

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

Practices and Policies for Preventing Workplace Violence

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

Do Customer Tips Belong to the Employee or Employer? DOL Puts the Question on the Table

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

Reminder for Seasonal Recreational Facility Employers as Summertime Approaches: Minimum wage, overtime are not always part of...

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

Don’t Be Stingy With Tip Credit Notification . . .

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

Don’t Be Stingy With Tip Credit Notification...

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

Pokémon Go in the Workplace: Catch all the Issues before They Catch You

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

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