HSB Blog

Updates to IRS Correction Principles for Qualified Plans

July 27, 2021

The IRS Employee Plans Compliance Resolution System (EPCRS) permits any plan sponsor of a retirement plan (including SEP and SIMPLE IRA plans) to correct plan failures. Three correction programs exist:

Executive Order Targets Non-Compete Agreements

July 15, 2021

President Biden recently signed an executive order asking the Federal Trade Commission (“FTC”) to ban or limit employer non-compete agreements. The Order is part of the Administration’s effort to shift power from management to workers and increase freedom of movement and promote higher wages.

Guide to NIL in South Carolina for Athletes and Businesses

July 08, 2021

If you follow college sports (and if you live in South Carolina, you probably do) you will have heard that the NCAA recently issued guidance that permits college athletes to profit from licensing their name, image, and likeness (“NIL”). This means that college athletes can now monetize their fame by licensing their name, image, reputation, face, etc., without forfeiting their eligibility. The State of South Carolina also recently passed legislation known as Intercollegiate Athletes’ Compensation for Name, Image or Likeness, S.C. Code §§ 59-158-10 to -80 (“SC NIL”), and amended certain other legislation to permit collegiate athletes to receive compensation for their name, image or likeness. Per the NCAA’s guidance, NCAA member-schools and athletes in South Carolina must follow South Carolina’s NIL laws.

Haynsworth Sinkler Boyd Announces Diversity, Equity and Inclusion (DEI) Webinar Series

July 07, 2021

HSB’s employment law team is pleased to announce that it is offering a Diversity, Equity and Inclusion webinar series during 2021-2022, focusing on a specific DEI topic each month. Each webinar will offer insights from a guest DEI expert who will discuss solutions to building awareness and receptiveness in the workplace, and share resources available to human resource professionals and employers. In addition, a member of the HSB employment law team will cover legal updates and considerations on the specific DEI topic the webinar addresses. HSB employment attorneys and their guests will also address common issues arising in employment.

A Scottish Legend and an Open Question: When Can SC Landowners Amend “10-Year” Restrictive Covenants?

July 06, 2021

According to myth, there lies in the Scottish Highlands a village untouched by reality or time. Immortalized by the 1940s Broadway musical and later Gene Kelly film of the same name, this is Brigadoon—an enchanted place that appears from the mist and becomes visible and visitable by outsiders for just one day every one hundred years. After those 24 hours, it fades away—inaccessible until the next centenary.

3 Questions Employers Need to Consider When it Comes to Marijuana in the Workplace

June 30, 2021

Haynsworth Sinkler Boyd’s Chris Gantt Sorenson and Perry MacLennan recently discussed “Marijuana in the Workplace: To Test or Not to Test” on the Survive HR podcast. In the podcast, Chris, Perry, Kelly Schieb and Steve Nail debate their different opinions on the subject of whether any form of marijuana testing makes sense for employers regardless of whether marijuana use is legalized or not. Listen for the reasons the four offer for and against testing in all sorts of situations, and see where they came to a consensus.

OSHA Issues Updated COVID-Related Guidance for Employers

June 11, 2021

On June 10, 2021, OSHA issued an Emergency Temporary Standard (ETS) applicable to employers of employees who perform healthcare services and support, and revised guidance for all other employers. OSHA expressly acknowledges that the CDC no longer requires most employers to continue taking steps to protect their vaccinated workers but states employers must continue to take steps to protect unvaccinated or otherwise at-risk workers.

Coronavirus Fiscal Recovery Funds Available for State and Local Governments

May 12, 2021

The federal government has issued its Interim Final Rule regarding implementation of the Coronavirus State Fiscal Recovery Fund and the Coronavirus Local Fiscal Recovery Fund (Fiscal Recovery Funds) established under the American Rescue Plan Act signed into law by President Biden on March 11, 2021.

Mid-Year Employment Law Update: Enacted and Pending Legislation, New Cases and Developments, and More!

May 05, 2021

Join Haynsworth Sinkler Boyd’s Perry MacLennan on May 27, from 12-1 PM, for a mid-year employment law update.
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