Blog

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.

Are Unpaid Interns Employees Under the FLSA?

January 10, 2018

On January 5, 2018, the United States Department of Labor announced that, going forward, it would utilize the “primary beneficiary” test for determining whether interns are employees under the FLSA, consistent with recent rulings from appellate courts.

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.

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.

New South Carolina Decision Impacts How Employers Classify Workers

August 24, 2017

This blog has previously covered the potential pitfalls of classifying workers as independent contractors. While classifying a worker as a “1099” offers many potential benefits on the business side, it can expose the company to significant tax liability, statutory penalties, and monetary damages.

USCIS Releases Updated I-9 Employment Eligibility Verification Form

August 15, 2017

Last month, the U.S. Citizenship and Immigration Services published a new version of the I-9 Employment Eligibility Verification Form.

A Drill Down on Pence's Policy in Context of Avoiding Workplace Discrimination

July 26, 2017

David Donovan of South Carolina Lawyers Weekly posted an article, “The Pence Policy: Male-Female Interaction Rule May Have Pitfalls for Employers”, which addresses how Vice President Pence’s policy to never eat alone with a woman other than his wife might disadvantage women if the policy was employed in the workplace because of lost mentoring or career-advancement opportunities. 

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 Clock is Ticking – Are You Compliant?

August 08, 2016

We have closely monitored and continued to receive inquiries regarding the new rules that will take effect on December 1, 2016, regarding who is exempt from the Fair Labor Standards Act’s overtime rules. 

It’s Here: Final Rule on Overtime Announced Today

May 18, 2016

After much anticipation (as discussed previously on our blog here), the final rule regarding the salary threshold for exempt executive, administrative, professional and outside sales and computer employees under the Fair Labor Standards Act was announced today. 

Have You Reviewed Your Employee Handbook Lately?

February 23, 2016

As we move into the new year, it is a good time to review your employee handbook and make sure it is compliant with current law. 

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