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How Will SCOTUS’ Upcoming Cases Affect Title VII?

June 20, 2019

The United States Supreme Court will decide three cases in October 2019 to determine if Title VII of the 1964 Civil Rights Act guarantees protections from workplace discrimination and harassment to employees on the basis of gender identity or sexual preference.

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).

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.

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.”

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.

South Carolina Pregnancy Accommodations Act

May 21, 2018

Pregnant woman at workThe South Carolina Pregnancy Accommodations Act, found here, was signed into law on Friday, May 18, 2018. The Act amends the South Carolina Human Affairs Law. In passing the legislation, the General Assembly stated,

Using Offer Letters Correctly

May 10, 2018

Offer of Employment LetterSouth Carolina is an employment at will state. This means that, absent a written contract guaranteeing employment, employers are free to terminate employees at any time, without notice, for any reason (so long as that reason does not violate another law of course!). Conversely, employees are generally free to quit at any time without recourse.

Legal Measures for Protecting Employees from Workplace Violence

April 24, 2018

Workplace violence is high on every HR professional’s list of worst nightmares regardless of the source – an employee, former employee, angry customer, or random third party. 

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