HSB Blog
Overtime Rule Blocked: Now What?
November 28, 2016
By: Perry MacLennan
Late Tuesday, November 22nd, a federal judge issued an order that effectively pauses the new “overtime rules” that had been scheduled to take effect December 1, 2016. The ruling enjoins the Department of Labor from implementing or enforcing the new “overtime rules” on a nationwide basis “pending further order” of the court. It is important to remember that the ruling is not final. Rather, it is a preliminary injunction that suspends the new rule during the litigation or further order form the court.
Employers Shouldn’t Count on the Overtime Rule Being Overthrown by Texas Federal Court
September 21, 2016
South Carolina is one of 21 states that have joined in a federal lawsuit filed in Texas contending that the “President is trying to rewrite [the Fair Labor Standards Act].” To recap, the rule in question is actually an amendment to the FLSA’s salary basis test increasing the minimum salary amount for exempt employees from $23,660 to $47,476 annually. The proposed change, effective December 1, 2016, will amend the current rule found at 29 C.F.R. §541.600.It was proposed by the Wage and Hour Division of the Department of Labor (DOL).
New Developments on DOL’s Proposed Overtime Rules
March 17, 2016
By: Perry MacLennan
On Monday of this week, the U.S. Department of Labor (“DOL”) took the next step in finalizing its proposed new overtime regulations by sending its final rule to the White House Office of Management and Budget (“OMB”) for review.
COVID-19 Update: Department of Labor Issues Guidance and Congress Considers Paid Leave
March 18, 2020
By: Perry MacLennan
HSB's Employment Team continues to monitor the latest developments with COVID-19 and its impact on the workplace. The current version of the COVID-19 Relief Package being considered in Congress contains mandatory paid sick leave and expanded the Family and Medical Leave Act (FMLA). Since the proposed bill changes by the day, we will not summarize it here but continue to update this blog when it passes.
Breaking News: U.S. Department of Labor Issues Final Rule Raising Salary Thresholds
September 24, 2019
The U.S. Department of Labor released a final rule today providing that employees who make less than $35,568 are now eligible for overtime pay.
Key Takeaways from the Recent Overtime Rule Listening Sessions
November 28, 2018
The Wage and Hour Division of the U.S. Department of Labor (DOL) held public listening sessions on October 30, 2018 to gather views on the Part 541 white collar exemption regulations, the 2016 “Overtime Rule.”
DOJ and DOL Combine Forces to Combat Employment Discrimination Against U.S. Workers
August 21, 2018
On July 31, 2018, the Department of Justice (DOJ) and the Department of Labor (DOL) signed an agreement that sets guidelines for inter-agency collaboration to combat suspected employer non-compliance with immigration laws. The agencies have agreed to share resources, including records, and education and training where necessary, and refer cases to one another when an agency learns of employer non-compliance.
Key Takeaways from Our 2017 Employment Law Seminars
January 23, 2018
Haynsworth Sinkler Boyd recently hosted our annual Employment Law Seminars across South Carolina. These complimentary seminars educated Human Resource professionals on recent employment law updates and changes.
Is Post-Accident Drug Testing Still Legal?
February 13, 2017
By: Perry MacLennan
Last year, the Occupational Safety and Health Administration (“OSHA”) published a final rule that (1) made explicit the requirement that employers have a reasonable procedure for their employees to report work-related injuries and illnesses, and (2) made clear that employers cannot retaliate against employees for reporting work-related injuries. The rule’s impact on post-accident drug testing has caused the most consternation among human resource professionals.
