HSB Blog

The Wonderful Mr. Olds

August 16, 2018

Todd Olds owns and operates a commercial real estate company, Prime Properties of Charleston, LLC, which does business in Goose Creek, South Carolina. The City of Goose Creek imposes a business license tax on every person engaged in business within the City’s limits for the privilege of doing business within the City.

The IRS determines that Chefs - but not Instagram Celebrities - get a 20% Deduction Under 199A

August 14, 2018

The Tax Cuts and Jobs Act of 2017 (TCJA) provides a pass-through deduction that can reduce the top rate for eligible taxpayers from 37 to 29.6 percent. That deduction, however, is limited (subject to certain income threshold exceptions) to individuals that operate a “qualified trade or business.” A “qualified trade or business” as defined in section 199A is a business other than a “specified service trade or business” (SSTB).

Age Discrimination in the Workplace

August 07, 2018

It is no secret that more U.S. workers are electing to put off retirement and remain in the workforce longer. Given the current labor shortage (lowest unemployment rate in 18 years), this is great news for companies as retaining experienced workers decreases turnover cost and provides immeasurable value in other areas of corporate performance.

Utilizing Arbitration Agreements Effectively

July 25, 2018

Arbitration Agreement DocumentBy now, most, if not all, of you are familiar with the Supreme Court’s decision in Epic Systems Corp. v. Lewis, 138 S. Ct. 1612 (2018), which upheld the validity of waivers of FLSA collective actions in arbitration agreements.

Chambers of Commerce and FOIA

July 12, 2018

In a recent opinion, the South Carolina Supreme Court held that the receipt by a chamber of commerce of public funds did not make it a public body for purposes of the Freedom of Information Act (FOIA).

SCOTUS's Ruling on the Travel Ban

June 27, 2018

In a 5-4 decision, the United States Supreme Court reversed the Ninth Circuit’s grant of a preliminary injunction on President Donald Trump’s September 2017 proclamation – Proclamation No. 9645, more commonly known as the “travel ban.”

Single Member Limited Liability Companies Protect Property from Tax Liens Filed Against the Member

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.

Proposed Termination of International Entrepreneur Parole Program

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.

Recent Changes to USCIS Policies May Impact Foreign Students

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. 

South Carolina Pregnancy Accommodations Act

May 21, 2018

Pregnant woman at workThe 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,

Using Offer Letters Correctly

May 10, 2018

Offer of Employment LetterSouth 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.

Tax Treatment of LLC Distributional Interests

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.

Nothing in Common (Or Not Enough to Satisfy Rule 23’s Commonality Requirement)

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.

Legal Measures for Protecting Employees from Workplace Violence

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. 

YouTube Shooting Raises Questions on Firearms in the Workplace

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.

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This page is for informational purposes only. Any result the law firm and/or its attorneys may have achieved on behalf of clients in other matters does not necessarily indicate similar results can be obtained for other clients.

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