HSB Blog

Beyond Silence: South Carolina Supreme Court Ruling Clarifies Acceptance in Employment Arbitration Agreements

March 21, 2025

In Lampo v. Amedisys Holding, LLC and Leisa Victoria Neasbitt, the South Carolina Supreme Court establishes important legal precedent regarding contract formation for arbitration agreements between employers and employees. Specifically, the Court held that an employee’s silence does not constitute acceptance to form a binding contract that requires the employee to resolve all disputes by arbitration. The decision marks the Court’s philosophy that employers cannot impose contract modifications or unilaterally alter employment terms without clear consent.

HSB Webinar Announcement: FMLA and ADA Compliance

March 13, 2025

Many of our webinar attendees ask us to provide general guidance on FMLA and ADA guidance on an ongoing basis due to the complicated nature of these two laws and how they intertwine with each other in both leave or job modification situations, the unusual situations that can arise, and how other laws and benefits are impacted.

What Employers Need to Know About Shifting Caselaw and Legislation

March 12, 2025

As employers navigate the complexities of a new political era and evolving regulatory framework, staying ahead of these changes isn't just advisable — it's essential.

Several executive actions have already influenced employment practices in the initial weeks of President Donald Trump's second term. Meanwhile, courts in several important cases in 2024 sided with employer interests. The ongoing saga of Fair Labor Standards Act (FLSA) salary thresholds, broad rulemaking from federal agencies, and updated EEOC guidance continues to keep employers on their toes in order to stay compliant with the latest rules and guidance.

Here are important employment laws updates from 2024 and the first quarter of 2025 to prepare employers for the rest of the year.

HSB Webinar Announcement: Employment-based Immigration and Employer Compliance Update

February 27, 2025

Click here to view a recording of this complimentary webinar presented by HSB's Employment Law team.

New Deadlines for FINCEN Compliance Issued

February 21, 2025

Update as of 3/3/25: On February 27, 2025, FinCEN announced it will not impose penalties on companies that do not submit their beneficial ownership information reports by the March 21 deadline. The agency plans to issue an interim final rule to establish new reporting deadlines no later than March 21 and intends to revise the Beneficial Ownership Information Reporting Rule this year. On March 2, 2025, the Treasury Department clarified that no penalties will be imposed on U.S. citizens or domestic companies, even after the upcoming rule changes. Instead, it will propose new rulemaking to narrow the scope of the requirement to only foreign reporting companies. Additional information can be found on FinCEN’s website at https://www.fincen.gov/. We are closely monitoring developments and legislation and will continue to provide updates on this blog as soon as they are available.

The Corporate Transparency Act (CTA) introduced substantial new reporting obligations for a wide array of corporate entities. Generally, any domestic entity formed by filing documents with a secretary of state or similar office – such as corporations, limited liability companies, limited partnerships, and limited liability partnerships – is considered a reporting company subject to these requirements. The CTA also applies to foreign entities registered to conduct business through similar filings.

HSB Webinar Announcement: 2025 Employment Law Legislative Preview

January 13, 2025

Click here to view a recording of this complimentary webinar presented by HSB’s Employment Law team.

On January 23, Katie Busbee and Joseph Dickey presented on key issues impacting employers this year in our 2025 employment law legislative preview.

Navigating FinCEN Compliance: Quickly Approaching Deadlines for Businesses formed before 2024

November 20, 2024

Important Update:
3/03/2025: On February 27, 2025, FinCEN announced it will not impose penalties on companies that do not submit their beneficial ownership information reports by the March 21 deadline. The agency plans to issue an interim final rule to establish new reporting deadlines no later than March 21 and intends to revise the Beneficial Ownership Information Reporting Rule this year. On March 2, 2025, the Treasury Department clarified that no penalties will be imposed on U.S. citizens or domestic companies, even after the upcoming rule changes. Instead, it will propose new rulemaking to narrow the scope of the requirement to only foreign reporting companies. Additional information can be found on FinCEN’s website at https://www.fincen.gov/. We are closely monitoring developments and legislation and will continue to provide updates on this blog as soon as they are available.


2/20/2025: The injunctions on the Corporate Transparency Act detailed below have all been lifted. As of February 20, 2025, the deadline for most companies to file their BOI Report is March 21, 2025. All companies formed on or prior to February 20, 2025, must file their initial BOI Report, and update any previously filed reports if necessary, by March 21, 2025. All companies formed after February 20, 2025, have 30 calendar days to file their initial BOI Report. Note, if a reporting company’s principal place of business is located in an area designated by both FEMA and the IRS as qualifying an individual for public assistance and filing relief as a result of a hurricane or other natural disaster, the reporting company may have a further extension to file its BOI Report. Additional information can be found on FinCEN’s website.  

1/27/2025: On January 23, 2025, the U.S. Supreme Court granted the government's motion to stay a nationwide injunction issued by the U.S. District Court for the Eastern District of Texas in Texas Top Cop Shop, Inc. v. McHenry (formerly Texas Top Cop Shop, Inc. v. Garland). However, a separate nationwide order in Smith v. U.S. Department of the Treasury from another federal judge in Texas remains in effect. As a result, reporting companies are not currently required to file beneficial ownership information with FinCEN, despite the Supreme Court's decision. They may, however, choose to voluntarily submit these reports.


12/27/24: On December 26, 2024, the United States Court of Appeals for the Fifth Circuit vacated its own stay of the nationwide injunction. Thus, Reporting Companies are not obligated to comply with the Corporate Transparency Act at this time. We will continue to provide updates on this issue.

12/26/24: On December 23, 2024, the United States Court of Appeals for the Fifth Circuit lifted the nationwide injunction prohibiting the enforcement of the CTA. Thus, Reporting Companies are once again obligated to comply with the Act. Fortunately, however, FinCEN extended the January 1, 2025 deadline for reporting companies to January 13, 2025.

12/3/24: A nationwide preliminary injunction has been issued prohibiting the enforcement of the CTA and the required reporting filed thereunder. This means companies are not currently required to comply with the January 1, 2025 reporting deadline. However, an appeal has been filed by the Department of Justice so the injunction could be lifted or amended at any time. Therefore, we recommend continuing to gather the information needed to complete the report as if the January 1, 2025 deadline were still in effect. It is optional whether you want to go ahead and voluntarily file the BIO report or wait for further court action.

A variety of businesses, such as LLCs, LLPs, partnerships, and corporations, formed before January 1, 2024, have until January 1, 2025, to file their initial report with the Department of Treasury’s Financial Crimes Enforcement Network (FinCEN).

$44K and $59K FLSA Thresholds Struck Down by Texas District Court

November 18, 2024

The U.S. District Court for the Eastern District of Texas has vacated and set aside the Department of Labor’s rule raising the salary threshold for exempt employees under the Fair Labor Standards Act (FLSA). The decision strikes down both the $44K salary threshold that took effect on July 1, 2024, and the $59K salary threshold that was set to take effect on January 1, 2025. The Department of Labor may appeal the ruling, but for now (and likely continuing under the incoming Trump administration), the raised salary thresholds are nullified.

HSB Webinar Announcement: Navigating Religious Accommodations and Bias in the Workplace: Legal Obligations and Best Practices

November 04, 2024

Click here to view a recording of this complimentary webinar presented by HSB’s Employment Law team.
 
On November 21, Chris Gantt-Sorenson and Katie Busbee discussed legal obligations and best practices for navigating religious accommodations and bias in the workplace.

New law provides for the ability to place a “Transfer on Death” designation on titled personal property

October 22, 2024

In South Carolina, there's a new law that lets you add a "Transfer on Death" (TOD) designation to the title of personal property like cars, boats, or mobile homes. This means you can name someone to automatically receive the property when you pass away, without going through probate.
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