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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.

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?

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. 

Key Takeaways from the Recent Overtime Rule Listening Sessions

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.”

Can a Member of a South Carolina Limited Liability Company be an Employee of that Company?

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.”) 

DOJ and DOL Combine Forces to Combat Employment Discrimination Against U.S. Workers

August 21, 2018

On July 31, 2018, the Department of Justice (DOJ) and the Department of Labor (DOL) signed an agreement that sets guidelines for inter-agency collaboration to combat suspected employer non-compliance with immigration laws. The agencies have agreed to share resources, including records, and education and training where necessary, and refer cases to one another when an agency learns of employer non-compliance.

Age Discrimination in the Workplace

August 07, 2018

It is no secret that more U.S. workers are electing to put off retirement and remain in the workforce longer. Given the current labor shortage (lowest unemployment rate in 18 years), this is great news for companies as retaining experienced workers decreases turnover cost and provides immeasurable value in other areas of corporate performance.

Utilizing Arbitration Agreements Effectively

July 25, 2018

Arbitration Agreement DocumentBy now, most, if not all, of you are familiar with the Supreme Court’s decision in Epic Systems Corp. v. Lewis, 138 S. Ct. 1612 (2018), which upheld the validity of waivers of FLSA collective actions in arbitration agreements.

Proposed Termination of International Entrepreneur Parole Program

June 20, 2018

The U.S. Department of Homeland Security (Department) recently issued a notice proposing to terminate the international entrepreneur parole program (IE Program) in accordance with Executive Order 13767, entitled Border Security and Immigration Enforcement Improvements, because the IE Program represents an overly broad interpretation of the Department’s parole authority, lacks sufficient protections for U.S. workers and investors, and is not the appropriate vehicle for attracting and retaining talented international entrepreneurs.

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