HSB Blog

Compliance Checklist for Employers with Out-of-State Remote Employees

January 19, 2023

During a recent employment law webinar, Haynsworth Sinkler Boyd’s Chris Gantt-Sorenson and Tyler Gilliam discussed considerations for employers who employ out-of-state remote workers. To help employers ensure that they are compliant with various states’ business, tax, and employment law regimes, Chris and Tyler prepared the following out-of-state employee compliance checklist.

Federal Trade Commission Proposes Banning Non-Competes

January 06, 2023

On Thursday, January 5, 2023, the Federal Trade Commission (FTC) proposed a rule that would bar all U.S. employers from enforcing and imposing non-compete agreements on workers. The proposed rule – if ever finalized – would have significant legal and business ramifications on the U.S. labor economy.

2022 in Review: The 5 Most Popular Employment Law Topics We Covered This Year

December 28, 2022

As 2022 is coming to a close, we’ve rounded up the top five most popular topics from our employment law blog over the past year. Take a look back with us!

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.
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