HSB Blog

Sexual Harassment and What Employers Must Do to Comply

December 01, 2017

SExual-Harassment-complaint-form-and-pen.jpgThe latest headlines confirm the 2016 findings published by the Equal Employment Opportunity Commission (EEOC) that workplace harassment too often goes unreported. The EEOC reports that “approximately 70% of the individuals who experienced harassment never even talked with a supervisor or manager,” meaning that they didn’t report it to their employer.

So, You’re Telling Me I Have to Follow the Whole Rule?

November 22, 2017

In Smith v. Fedor, issued today, the South Carolina Court of Appeals found that a judge may dismiss a motion under Rule 59, SCRCP without considering the merits if it is not provided to the judge within ten days of filing.

President Trump to Open Skies for Companies to Test Commercial Drones

November 20, 2017

Drone-image-11-20-17.jpgRecently, President Trump issued a Presidential Memorandum purporting to relax rules for testing of commercial drones by private sector corporations. The Memorandum proposes that more companies should be allowed to fly their unmanned aircrafts at night, above people and travel longer distances.

Court Finds General Contractor Liable for Subcontractor’s Employees

November 15, 2017

In a decision with potentially huge ramifications for the construction industry, the Fourth Circuit Court of Appeals found that employees of a framing and drywall subcontractor were also the employees of a general contractor for purposes of federal employment laws.

IRS Pressing Forward with ACA Penalties

November 06, 2017

Yesterday, the IRS reiterated that employers violating the ACA can expect penalty letters in late 2017 and also updated that portion of its website dedicated to the Employers’ ACA obligations here. The update explains the form of notices employers can expect to receive as a result of IRS penalties pursuant to the ACA.

The October 31st NYC Attack and the Diversity Immigrant Visa Program

November 03, 2017

As many mourn the loss of the victims of the October 31st NYC attack, a parallel conversation surrounding immigration reform has emerged. Immigration reform has been President Trump’s long-standing campaign promise, but has found fierce judicial opposition since January. We have covered these developments in prior posts.

GASB 77 - What Is It, and How Can We Prepare?

November 02, 2017

Will Johnson, shareholder in our Columbia office, recently reviewed GASB 77 for the South Carolina Economic Developers' Association October newsletter. 

More ACA: President Trump’s Termination of Cost-Sharing Reduction Payments

October 17, 2017

Late Thursday evening after President Trump issued an Executive Order earlier in the day directing various administrative agencies to take suggested actions for the hope of reducing the cost of health insurance, discussed here, the Trump Administration announced it would terminate cost-sharing reduction (“CSR”) payments based upon guidance to the Administration by the Department of Justice indicating that there is no federal appropriation for the CSR payments.

Travel Ban & DACA Updates

October 16, 2017

In a one page opinion, the United States Supreme Court remanded one of the two “travel ban” cases pending SCOTUS review. 

Can the President Nullify the Affordable Care Act by Issuing Executive Orders?

October 13, 2017

President Trump issued an Executive Order yesterday which purports to suggest three avenues for offering health insurance at a decreased cost to small employers and consumers for the overall goal of reducing healthcare costs on the grounds that the Affordable Care Act (ACA) has limited consumer choice resulting in an increase in healthcare insurance cost. The Order charges various administrative agencies to act within 60 days.

Legal Issues within the Beverage Industry

October 10, 2017

230333_4404.jpgJeff Stover, an intellectual property attorney with Haynsworth Sinkler Boyd, recently spoke at BevCon Charleston, a conference solely focused on the beverage industry.

Responding to SCDEW: The Payoff for Employers

September 19, 2017

There are several ways that employers can keep their unemployment insurance (UI) tax rate down. First, it is beneficial to learn how the South Carolina Department of Employment and Workforce (“SCDEW”) determines the employer’s experience for tax rate assignment.

Are Transfers of Membership Interest(s) in a Single Member LLC Subject to the Deed Recording Fee?

September 14, 2017

On August 28, 2017 the South Carolina Department of Revenue published Rev Rule #17-5, which updated Rev Rule #15-3 (the “Rev Rul”).

Federal Judge in Texas Issues Final Ruling Striking Down New Overtime Rule

September 01, 2017

By now, employers are certainly well aware that on November 22, 2016, a federal judge in Texas issued a preliminary injunction that effectively prevented the implementation and enforcement of the new Department of Labor (“DOL”) regulations regarding the exemptions from overtime for bona fide executive, administrative, or professional (“EAP”) employees.

Court's Ruling Requiring the EEOC to Reconsider Its "Wellness" Regulations

August 30, 2017

The ruling in the AARP v. EEOC case may be detrimental to employers and their healthcare plans because the EEOC may either reduce the percentage of its allowable inducement (or penalty) below 30% of the employee cost for participation in any employer-sponsored “wellness” program to be considered voluntary or possibly return to its former position that any reward or penalty renders participation involuntary.

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Boyd B. Nicholson, Jr., Managing Director, Haynsworth Sinkler Boyd, P.A., ONE North Main, 2nd Floor, Greenville, SC 29601

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