HSB Blog

Unionization in SC by the Numbers

August 01, 2022

By: Paul Clowes, 2022 Summer Law Clerk and Chris Gantt-Sorenson

Bonuses & Calculating an Employee’s Regular Rate of Pay for Overtime

July 20, 2022

The Fair Labor Standards Act (FLSA) requires that non-exempt employees be paid no less than time and one-half their regular rate of pay for all hours worked over 40 hours in a workweek. How should an employer calculate an employee’s regular rate of pay? Under the FLSA, an employee’s regular rate of pay includes “all remuneration for employment paid to, or on behalf of, the employee,” less certain statutory exceptions. The regular rate is determined by adding the employee’s pay for the workweek and all other earnings and dividing the total by the number of hours the employee worked that week.

EMTALA and the South Carolina Fetal Heartbeat and Protection from Abortion Act

July 18, 2022

The South Carolina Fetal Heartbeat and Protection from Abortion Act (the Heartbeat Act) is now in effect, criminalizing the performance of abortions, absent an exception (rape, incest, to prevent death or “serious risk of a substantial and irreversible impairment of a major bodily function of the pregnant woman,” profound and irremediable congenital or chromosomal anomaly of the fetus). The Heartbeat Act further requires providers to perform ultrasounds and make fetal heartbeats audible prior to performing an abortion (unless an emergency exists). In all cases in South Carolina where an abortion is performed, the provider facility must report the abortion to the South Carolina Department of Environmental Control. A full listing of the requirements of the Heartbeat Act, as well as the reporting requirements, can be found here.  

AI Used in Hiring May Discriminate Against Applicants with Disabilities; EEOC and DOJ Issue Guidance for Employers

June 27, 2022

Many employers use Artificial Intelligence (AI) to reduce bias in hiring, yet studies indicate some AI is discriminating on the basis of disability. The Department of Justice (DOJ) and the Equal Employment Opportunity Commission (EEOC) have determined employers using AI in the hiring process may be discriminating against disabled applicants and employees. On May 12, 2022, the DOJ and EEOC issued technical guidance to employers on the use of AI and the steps employers should take to prevent discrimination.

CFIUS Compliance Takes Form

June 20, 2022

The Committee on Foreign Investment in the United States (CFIUS) serves as a review committee for certain inbound Foreign Direct Investment (FDI) transactions, to determine if such transactions pose a risk to national security.

HSB Economic Development Update - June 2022

June 15, 2022

The HSB Economic Development team published their June 2022 news update, highlighting the following topics:

6 Ways Employers Can Recognize and Celebrate Juneteenth

June 15, 2022

"Juneteenth is a day of reflection, a day of renewal, a pride-filled day. It is a moment in time taken to appreciate the African American experience. It is inclusive of all races, ethnicities and nationalities - as nothing is more comforting than the hand of a friend."  - Unknown

Greenville Starbucks Votes to Unionize

June 01, 2022

A Starbucks location at Pelham Road in Greenville became the first Starbucks location in South Carolina to vote in favor of unionization. The store joins approximately 20 other Starbucks locations across the United States that have voted to join a union called Starbucks Workers United. Other Starbucks locations in South Carolina have scheduled votes to come soon.
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