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Total Articles: 10

South Carolina Court of Appeals Rules on Jury Trials and Class Action Waivers in Master Deeds

UPDATE: The Petitioners' Motion for Rehearing was denied. While the Petition for Certiorari was pending, a settlement agreement was reached, as a result of which the parties seek an Order of the Court dismissing this case and vacating this opinion.

An Employer’s Short Guide to Employee Break Time Obligations

A recent study showed that employees who regularly take short breaks are far more productive than those who work continuously for hours on end. The study, conducted by the Draugiem Group, found that the ideal work-to-break ratio was roughly an hour of uninterrupted work, followed by a break lasting 15 to 20 minutes. Regardless of how employers feel about the results of this study, they should understand their legal obligations with regard to employees’ meal periods and rest breaks.

Employers Cannot Be Mandated to Provide Paid Sick Leave in Carolinas

The issue of paid time off for employees remains a debated issue throughout the nation. Currently, there is no federal law mandating private employers provide paid time off for employees. While many states and cities have legislation mandating paid time off under certain circumstances, there is no state law in North or South Carolina that requires private employers to provide paid time off or leave to employees.

South Carolina Prevents Local Municipalities From Passing Paid Leave Requirements

Governor Henry McMaster recently signed a law that prevents political subdivisions in South Carolina from requiring private employers to provide employee benefits such as paid sick leave, paid vacation, and paid holidays. Senate Bill 218, effective April 5, 2017, added South Carolina Code of Laws Section 41-1-25, which states a political subdivision may not “establish, mandate, or otherwise require an employee benefit” regarding private employers.

Court Finds Broad Non-Disclosure Agreement is Unenforceable Non-Compete

Last week, in the case of Fay v. Total Quality Logistics, LLC, the South Carolina Court of Appeals ruled that language in a non-disclosure agreement was so broad it effectively became an invalid non-compete agreement. The case serves as a reminder for employers to review their non-disclosure and confidentiality agreements to make sure they are enforceable.

Wage and Hour Laws Blog Responding To New FLSA Exemption Requirements Could Implicate Old South Carolina Law

The coming changes in the federal Fair Labor Standards Act's "white collar" exemption regulations (scheduled for December 1) leave many employers with essentially two options as to employees who now qualify for exempt status but whose present salaries will not meet the higher salary threshold:

Physical therapists win in employment lawsuit

The South Carolina Supreme Court has decided a case with great significance in the health care industry. The court overturned a ban on physicians employing physical therapists and gave guidance regarding how state agencies make rules.

Carolina Employer Workplace News - October 2015

A case involving a claim for breach of an oral promise provides lessons for employers on what “not to do” when discharging an employee.

Protecting Your Employees’ Right to Work

The South Carolina Chamber of Commerce published its annual Workforce & Jobs Report as a way to help educate business leaders and professionals about "the state of the South Carolina workforce and current trends and challenges."

Wages and Water: What Do We Do?

With the recent rain storms that have blanketed the Carolinas and the resulting road damage and closures, this a good time for employers to review their inclement weather policies and to make sure they properly compensate all employees who miss work because of adverse weather.