Related News & Posts

Employment

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.

Experienced Litigation Team Joins Haynsworth Sinkler Boyd

November 06, 2017

Haynsworth Sinkler Boyd is pleased to announce the addition of Clay Walker, Rob Reibold and Reynolds Blankenship to our litigation practice. The experienced team of litigators joins HSB from the firm Walker & Reibold.

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.

Alissa Fleming Joins Haynsworth Sinkler Boyd

October 05, 2017

Alissa_Fleming_500px_bk_CMYK.jpgHaynsworth Sinkler Boyd is pleased to announce Alissa D. Fleming has joined the firm and will be based in the Charleston office.

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.

Chris Gantt-Sorenson to Speak at CPE 4 Charity

September 18, 2017

Chris_GanttSorenson_500px_bk.jpgHaynsworth Sinkler Boyd's Chris Gantt-Sorenson will speak at Wade Hampton High School's CPE 4 Charity on September 28.

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.

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.

DOL Rolls Back Its 2016 FLSA Overtime Rule

July 26, 2017

Today, July 26, 2017, the Department of Labor issued a Request for Information seeking notice and comment from the public before issuing revised proposed regulations regarding the minimum salary level required to meet the executive, administrative, and salary level exemption from the overtime requirement. 

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. 

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