HSB Blog

U.S. DOJ Settles Immigration-Related Discrimination Claim Against California Agricultural Company

June 04, 2019

The U.S. Department of Justice recently announced that it reached a settlement with an agricultural company located in California. The settlement concludes an investigation into whether the company discriminated against workers based on their legal status in violation of the Immigration and Nationality Act (INA).

Be Prepared – Resources to Address Domestic Violence in the Workplace

May 21, 2019

South Carolina was ranked earlier this year by the Domestic Violence Advisory Committee as “the nation’s sixth-worst state” among the rates of women murdered by men.

Don’t Bring That in Here: Special Considerations in Hiring Competitor Employees

May 08, 2019

Copperheads were fairly common in my yard growing up. One afternoon the family dog came to the door with a live snake flailing around from her mouth. Luckily we recognized this before she came in, but I wonder what would have happened if she had pushed the door open (like usual) without us noticing her and dropped the snake, alive, inside the house?

EEOC Annual Report Offers Insight into Employment Discrimination Claims

April 30, 2019

The U.S. Equal Employment Opportunity Commission (EEOC) recently released its annual report of enforcement and litigation data for fiscal year 2018. The report provides a snapshot of employment discrimination law in the U.S. and often indicates trend lines, providing insight for employers on the breadth of employment discrimination claims.

Supreme Court to Hear Cases that Could Determine if LGBT Employees Are Protected Under Title VII

April 22, 2019

The U.S. Supreme Court has agreed to hear a trio of closely watched job discrimination cases that could for the first time resolve at a national level whether lesbian, gay, bisexual and transgender (LGBT) employees are entitled to the protections of Title VII. 

U.S. Department of Labor Issues Notice of Proposed Rulemaking for Joint Employment

April 12, 2019

On April 1, 2019, the U.S. Department of Labor released a Notice of Proposed Rulemaking (NPRM) on joint employment under the Fair Labor Standards Act (FLSA).

Duty of Care Owed To Employee Subjected To Drug Testing

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.

New Travel Authorization Requirement for U.S. Citizens Traveling to Europe

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.

New Overtime Rule (Again!)

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.

EEOC Issues Guidance on Submission Deadlines Impacted by Government Shutdown

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.

When Social Media, Politics and the Workplace Collide

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?

There Is Nothing Remotely Nefarious in This Post

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.

What Would the Lactation Support Act Mean for SC Employers?

January 29, 2019

We recently highlighted the “Act to Establish Pay Equity,” which was spearheaded by the SC Women’s Rights & Empowerment Network (WREN).

South Carolina’s Pay Equity Act the First of Its Kind

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. 

Big Changes in the Area of Conservation Easements Following Recent Tax Court Opinion

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).

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Boyd B. Nicholson, Jr., Managing Director, Haynsworth Sinkler Boyd, P.A., ONE North Main, 2nd Floor, Greenville, SC 29601