HSB Blog

Newly Proposed Independent Contractor Test under FLSA; Extended Comment Period

November 07, 2022

The Department of Labor (DOL) has extended the public comment period on its newly proposed test to determine whether a worker is an employee or independent contractor under the Fair Labor Standards Act (FLSA). If adopted, the proposed rule would rescind a prior rule published on January 7, 2021 (2021 IC Rule). Importantly, the new test would only apply to classifying workers under the FLSA. Different tests apply for determining employee status under, for instance, the Internal Revenue Code, Title VII and state employment laws.

Notice to Employers: EEOC Requires Employers to Remove “EEO is the Law” Poster, Replace it with Revised “Know Your Rights” Poster

October 21, 2022

The Equal Employment Opportunity Commission (EEOC) issued a revised “Know Your Rights: Workplace Discrimination is Illegal” Poster on October 20, 2022, replacing its previous “EEO is the Law” Poster, which must be posted by all employers immediately.

Bonuses & Calculating an Employee’s Regular Rate of Pay for Overtime

July 20, 2022

The Fair Labor Standards Act (FLSA) requires that non-exempt employees be paid no less than time and one-half their regular rate of pay for all hours worked over 40 hours in a workweek. How should an employer calculate an employee’s regular rate of pay? Under the FLSA, an employee’s regular rate of pay includes “all remuneration for employment paid to, or on behalf of, the employee,” less certain statutory exceptions. The regular rate is determined by adding the employee’s pay for the workweek and all other earnings and dividing the total by the number of hours the employee worked that week.

AI Used in Hiring May Discriminate Against Applicants with Disabilities; EEOC and DOJ Issue Guidance for Employers

June 27, 2022

Many employers use Artificial Intelligence (AI) to reduce bias in hiring, yet studies indicate some AI is discriminating on the basis of disability. The Department of Justice (DOJ) and the Equal Employment Opportunity Commission (EEOC) have determined employers using AI in the hiring process may be discriminating against disabled applicants and employees. On May 12, 2022, the DOJ and EEOC issued technical guidance to employers on the use of AI and the steps employers should take to prevent discrimination.

Greenville Starbucks Votes to Unionize

June 01, 2022

A Starbucks location at Pelham Road in Greenville became the first Starbucks location in South Carolina to vote in favor of unionization. The store joins approximately 20 other Starbucks locations across the United States that have voted to join a union called Starbucks Workers United. Other Starbucks locations in South Carolina have scheduled votes to come soon.

Webinar Announcement: HSB Mid-Year Employment Law Update

May 06, 2022

Join Haynsworth Sinkler Boyd’s Perry MacLennan on May 26, from 12-1 PM, for a mid-year employment law update.

HSB Employment Law DEI Webinar Series - Women in the Workplace, Discussing Leadership Roles, the Pandemic’s Impact and More

March 01, 2022

We are excited to announce a special treat for our March webinar scheduled for Women’s History Month. Nationally recognized DEI speaker April Simpkins, CHRO with Totalhr, and Brandi Parrish Ellison, Senior Director of Policy and Programs with WREN, will join Chris Gantt-Sorenson to discuss Women in the Workplace, including the impact on working women during the pandemic. April, Brandi and Chris will explore:

HSB Kicks off Part Two of DEI Webinar Series This Month

February 14, 2022

Join us for part two of HSB's DEI Webinar Series, where we’ll be joined by DEI leaders to discuss race, gender, national origin and LGBTQ+ equity and inclusion in the workplace.
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