March 26, 2019
On March 20, 2019, the South Carolina Supreme Court recognized that a drug testing laboratory owes a duty of care to an employee who is subjected to drug testing in the employment context.
March 12, 2019
By 2021, Americans traveling to a European Schengen zone country must register with the European Travel Information and Authorization System (ETIAS) prior to travel. This new border control security system developed by the European Commission is designed to strengthen the external borders of the European Union.
March 08, 2019
The U.S. Department of Labor (“DOL”) has finally announced its proposed new rule for overtime eligibility under the Fair Labor Standards Act. The DOL’s Thursday announcement proposes to increase the salary threshold to $35,308 per year, an increase from $455 to $679 per week.
February 19, 2019
As the longest government shutdown in history has come to an end, the U.S. Equal Employment Opportunity Commission recently released guidance for employers faced with upcoming EEO-1 submission deadlines and responding to charges of discrimination filed during the government shutdown.
February 12, 2019
Nowadays we are constantly bombarded with news of events that arouse our political views. Social media both perpetuates these events and provides a platform for virtually anyone to express their social and political views. Political views are often visible to coworkers, including management and supervisors who have the discretion to make termination decisions. What difference might this make for South Carolina employers?
January 31, 2019
This is a follow up to a previous blog - Single Business Enterprise Theory f/k/a Amalgamation - that provided an overview of recent South Carolina appellate cases discussing and applying the test for considering multiple business entities as one in litigation.
January 29, 2019
We recently highlighted the “Act to Establish Pay Equity,” which was spearheaded by the SC Women’s Rights & Empowerment Network (WREN).
January 14, 2019
South Carolina’s Women’s Rights & Empowerment Network (WREN) spearheaded two pieces of legislation, a pay equity act and a lactation act, for the South Carolina 2019 Legislative Session.
December 31, 2018
In Pine Mountain Preserve the Tax Court determined in a full-court opinion that the section 170 “perpetuity” requirement was not satisfied where an easement permits landowners to move the location of future structures within the conservation area. Pine Mountain Preserve, LLLP v. Commissioner of Internal Revenue, 151 T.C. 14 (2018).
November 28, 2018
The Wage and Hour Division of the U.S. Department of Labor (DOL) held public listening sessions on October 30, 2018 to gather views on the Part 541 white collar exemption regulations, the 2016 “Overtime Rule.”
October 23, 2018
Last summer, the South Carolina Supreme Court formally adopted the doctrine of amalgamation in Pertuis v. Front Roe Restaurants, Inc., 423 S.C. 640, 817 S.E.2d 273 (2018), clarifying years of opinions on the subject from the Court of Appeals. In adopting the doctrine, the Court expressed a preference for the term “single business enterprise theory.”
September 18, 2018
In Morin v. Innegrity, LLC, the South Carolina Court of Appeals permitted a member of an LLC that was performing services for the LLC to recover unpaid wages under the South Carolina Payment of Wages Act (SCPWA or the Act). Though the parties did not raise the issue, the case presented an interesting question about whether the protections of the Act extend to service members of an LLC. (Note that in the ensuing discussion “LLC” is used interchangeably with “partnership” and “member” with “partner.”)
September 12, 2018
When it comes to accommodating clients’ needs, whether your website is accessible to those with vision, hearing, or cognitive disabilities is not often a concern that readily comes to mind.
September 04, 2018
In late 2012, an American company, Ralls Corporation, with two Chinese ultimate owners, purchased certain wind farm projects in Oregon, including associated real estate. What began as a routine cross-border transaction sparked a three-year lawsuit between Ralls Corporation and the Committee on Foreign Investment in the United States (CFIUS), an inter-agency committee housed within the Executive Branch and tasked with reviewing foreign investments in the U.S. based on national security concerns. In a nutshell, CFIUS determined that Ralls Corporation’s acquisition of the wind farm projects posed a national security threat, and required Ralls Corporation to divest its interest in the project.
August 30, 2018
On August 23, 2018 the Internal Revenue Service issued Proposed Regulations regarding the $10,000 cap on the deductibility of state and local taxes imposed under the Bipartisan Budget Act of 2018 (Code Section 164(b)(6)).