June 21, 2018
A federal tax lien attaches to all real and personal property of a taxpayer at the time an assessment is made by the Internal Revenue Service and continues until the liability is paid or becomes unenforceable by reason of a lapse of time (10 years). The lien is a statutory lien that is perfected as to the taxpayer at the time the tax is assessed. As to third parties, the lien is only perfected if properly filed in the appropriate filing office under state law. In South Carolina, a federal tax lien is perfected when filed with the Register of Deeds in the county where the taxpayer owns real (or personal) property.
June 20, 2018
The U.S. Department of Homeland Security (Department) recently issued a notice proposing to terminate the international entrepreneur parole program (IE Program) in accordance with Executive Order 13767, entitled Border Security and Immigration Enforcement Improvements, because the IE Program represents an overly broad interpretation of the Department’s parole authority, lacks sufficient protections for U.S. workers and investors, and is not the appropriate vehicle for attracting and retaining talented international entrepreneurs.
May 29, 2018
In May 2018, the United States Citizenship and Immigration Services (USCIS) made two changes affecting foreign students – (1) calculating unlawful presence for students in the U.S. and (2) third-party placements for STEM OPT students.
May 21, 2018
The South Carolina Pregnancy Accommodations Act, found here, was signed into law on Friday, May 18, 2018. The Act amends the South Carolina Human Affairs Law. In passing the legislation, the General Assembly stated,
May 10, 2018
South Carolina is an employment at will state. This means that, absent a written contract guaranteeing employment, employers are free to terminate employees at any time, without notice, for any reason (so long as that reason does not violate another law of course!). Conversely, employees are generally free to quit at any time without recourse.
May 07, 2018
A Member of a South Carolina Limited Liability Company can transfer the right to receive “distributions” from the limited liability company. This transfer of a “Distributional Interest” does not entitle the transferee to become or exercise any of the rights of a Member. The transfer entitles the transferee to receive, to the extent transferred, only the distributions to which the transferor would be entitled.
April 25, 2018
In BLH v. SCDSS issued today, the Court of Appeals overturned a trial court order granting class certification in an action stemming from alleged breaches of adoption assistance subsidy agreements.
April 24, 2018
Workplace violence is high on every HR professional’s list of worst nightmares regardless of the source – an employee, former employee, angry customer, or random third party.
April 10, 2018
Following the April 3, 2018 YouTube workplace violence tragedy, many news sources reported that there were 500 workplace homicides in 2016, the most recent workplace homicide statistic from the Bureau of Labor Statistic.
March 30, 2018
The 2018 federal appropriations bill signed into law on March 23rd includes an addition to the Fair Labor Standards Act (FLSA) stating that “[a]n employer may not keep tips received by its employees for any purposes, including allowing managers or supervisors to keep any portion of employees’ tips, regardless of whether or not the employer takes a tip credit.”
March 07, 2018
According to the Centers for Disease Control (“CDC”), the United States experiences a flu season each year. With this year’s flu season considered one of the worst since the 2009-2010 pandemic, many employers wish to implement policies to protect the workplace and wonder whether they can implement policies mandating vaccination for their employees. This desire is particularly present in healthcare because those employees are charged with protecting patient safety and more often exposed to patients with compromised immunity.
March 02, 2018
In Wells Fargo v. Fallon Properties South Carolina, LLC issued February 28, the South Carolina Supreme Court affirmed a decision of the Court of Appeals holding that email notification of the entry of a judgment or order is sufficient to trigger the requirements of Rule 203, SCACR as to the timing for a notice of appeal.
February 27, 2018
The new Tax Cuts and Jobs Act provides a 20% non-itemized deduction for “qualified business income” (business income received by an owner of a pass-through entity) beginning in 2018.
February 14, 2018
Glassdoor, the website described as “Yelp for workplaces,” claims that eighty-three percent (83%) of job seekers in the United States read its reviews. For the uninitiated, Glassdoor is a website where anonymous employees and former employees comment on a company’s workplace – sharing information on topics such as salary levels, workplace policies, office politics, and much more.
January 25, 2018
Haynsworth Sinkler Boyd recently hosted our annual Corporate Law for Accountants Seminars across South Carolina. These complimentary seminars covered three main topics: (1) operating agreements, (2) employment law and (3) state and local tax updates.