November 07, 2022The 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.
October 21, 2022The 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.
October 06, 2022In recognition of National Disability Employment Awareness Month, Haynsworth Sinkler Boyd will focus our October employment law webinar on Americans with Disabilities Act (ADA) compliance related to technology used in hiring and the workplace.
September 01, 2022Join Haynsworth Sinkler Boyd’s Perry MacLennan on September 29, from 12-1 PM, for our next employment law webinar covering employment contracts.
August 30, 2022The Fourth Circuit Court of Appeals (which governs South Carolina) wrote in a recent case (called Roberts here) that an employee’s message to his supervisor over Facebook messenger might be enough to put the Company on notice of the need for FMLA leave. So, the Company in question may have violated the FMLA when it terminated the employee who didn’t return to work and didn’t follow the call-in procedures. A link to the decision can be found here.
August 03, 2022Haynsworth Sinkler Boyd is pleased to announce that 45 of our attorneys have been named 2022 “Legal Elite” by Greenville Business Magazine, Columbia Business Monthly and Charleston Business Magazine.
August 01, 2022By: Paul Clowes, 2022 Summer Law Clerk and Chris Gantt-Sorenson
July 20, 2022The 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.