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Total Articles: 10

South Carolina Law Amended to Allow Expungement of Certain Criminal Records

An amendment to South Carolina law allows individuals to have certain criminal records expunged following a successful court petition. This means that, among other things, a prospective employee would not be required to disclose on an employment application criminal record information that has been expunged. The new law, Act No. 254, becomes effective December 27, 2018.

South Carolina Human Affairs Commission Releases Pregnancy Accommodations Poster

The South Carolina Human Affairs Commission (SCHAC) has released its new workplace poster, revised to reflect certain changes required by the recently enacted South Carolina Pregnancy Accommodations Act.

Increasing Our Workforce: South Carolina’s Revised Expungement Law

In the current robust economic climate, employers are often faced with the inverse of the predicament they encountered only 10 years ago. In 2008, many businesses began drastically downsizing. Today, however, employers frequently find themselves asking, Where are the qualified applicants?

Bad Faith Actions in South Carolina: Will Attorney-Client Privilege Survive?

South Carolina’s attorney-client privilege protects against the disclosure of communications pursuant to which legal advice of any kind is sought by a client from a professional legal adviser, acting in that capacity. At the client’s discretion, such confidential communications are protected from disclosure by the client or the legal adviser except if such protection is waived. The only recognized exception to this time-honored privilege recognized by the South Carolina Supreme Court includes communications in furtherance of tortious or fraudulent conduct. South Carolina has long revered the sanctity of attorney-client communications. How, then, are we now faced with the potential destruction of that privilege if an insurer denies bad faith liability?

South Carolina Issues New Pregnancy Accommodations FAQs and Anti-Discrimination Poster

The South Carolina Human Affairs Commission (SCHAC) has published Frequently Asked Questions on the new state Pregnancy Accommodations Act. It also has published a new anti-discrimination poster that includes provisions required under the Act.

New South Carolina Poster Requirement

As discussed in our June 2018 Alert, earlier this year the South Carolina Legislature passed the Pregnancy Accommodations Act, which expands existing state law protections for pregnant employees and, notably, requires employers to provide reasonable accommodations for “medical needs arising from pregnancy, childbirth, or related medical conditions.” Pursuant to this new law, the South Carolina Human Affairs Commission has issued a new poster, which must be posted by all employers in South Carolina with 15 or more employees. The poster is available in English and Spanish.

S.C. Employers Required to Use New Employment Discrimination Poster

The S.C. Human Affairs Commission (SCHAC) has released an updated employment discrimination poster that summarizes the state’s new Pregnancy Accommodations Act as well as other provisions of the S.C. Human Affairs Law.

South Carolina’s New Expungement Law Could Increase Applicant Pool

In an effort to increase the state’s potential workforce, the South Carolina General Assembly passed legislation last week that will expand the state’s current expungement law and allow individuals to more easily remove criminal convictions from their records. The hope is that prospective employees with low-level crimes on their records will no longer be discouraged from applying for jobs; this, then, should make it easier for employers to recruit qualified workers. What do South Carolina employers need to know about this new law?

Unionization Tactics in the Carolinas

The Carolinas remain the least unionized region in the United States. New jobs continue coming to the area’s employee-friendly environment. By contrast, unions are struggling to retain current members and to recruit new ones. Their fight for survival and relevance in today’s economy has fueled new tactics, as shown by recent union activity in the Carolinas.

South Carolina Pregnancy Accommodations Act

Executive Summary: Effective May 17, 2018, a new South Carolina law, the Pregnancy Accommodations Act, expanded existing state law protections for pregnant employees. Most notably, the new law requires employers to provide reasonable accommodations for “medical needs arising from pregnancy, childbirth, or related medical conditions,” including lactation and the need to express breast milk.