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Total Articles: 31

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.

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."

South Carolina Lawmakers Ratify OSHA Requirements

As a practical matter, this mainly means SC employers must now report the hospitalization of an employee as well as all partial amputations (including fingertip amputations without bone loss) within 24 hours. Employers must report fatalities within eight hours.

S.C. Supreme Court Upholds Confidentiality and "Holdover" Inventions Assignment Clauses in Employment Agreement

In its most significant employment law decision of 2012, Milliken & Co. v. Morin, the South Carolina Supreme Court addressed the enforceability of provisions in an employment agreement designed to protect the employer’s intellectual property from unfair competition.

S.C. Supreme Court Upholds Confidentiality and “Holdover” Inventions Assignment Clauses in Employment Agreement

In its most significant employment law decision of 2012, Milliken & Co. v. Morin, the South Carolina Supreme Court addressed the enforceability of provisions in an employment agreement designed to protect the employer’s intellectual property from unfair competition.

Free Desk Reference for South Carolina Employers

Nexsen Pruet is offering a free download of its updated "Employer's Desk Reference for the Carolinas."

South Carolina Immigration Law Changes Take Effect January 1st

On June 27, 2011, South Carolina Governor Nikki Haley signed into law S.B. 20, a comprehensive immigration law with new employment verification requirements and harsh criminal penalties. The law expands on the SC Illegal Immigration Reform Act passed in 2008 and considered at the time as one of the toughest in the nation. This article will focus on employment verification changes in the new law as well as various criminal provisions that could impact employers and/or their employees.

Amendments to the South Carolina Illegal Immigration and Reform Act

As the end of 2011 draws closer, employers are reminded of several key changes to the South Carolina Illegal Immigration and Reform Act (SCIIRA), which are scheduled to take effect on January 1, 2012. These changes include a state-wide mandate that all employers use E-Verify to confirm the employment eligibility of all newly-hired employees, as well as a significant revision to the penalty scheme for non-compliance with SCIIRA.

Despite Lawsuit, Immigration Enforcement Set to Resume in S.C.

Regardless of what happens with a recently filed lawsuit, state regulators plan to begin enforcement of employment law provisions that take effect New Year’s Day.

SOUTH CAROLINA AND NORTH CAROLINA ENACT NEW EMPLOYMENT VERIFICATION REQUIREMENTS

On May 26, 2011, the U.S. Supreme Court decided Chamber of Commerce of the United States v. Whiting, No. 09-115, which held that states could mandate employment verification and could suspend or revoke business licenses for an employer’s violation of immigration laws. Shortly thereafter, several states including South Carolina and North Carolina passed state immigration laws mandating employment verification and imposing penalties for failure to comply. This article summarizes the main provisions of each state law.

South Carolina Toughens State Immigration Law

On June 27, 2011, Gov. Nikki Haley signed into law amendments to South Carolina's immigration laws, including the South Carolina Illegal Immigration Reform Act. The legislation strengthens what was already considered to be one of the toughest immigration reform acts in the country. The new law, which takes effect on January 1, 2012, brings with it new requirements for employers in South Carolina.

OSHA UPDATE PART II: STAGES OF A SOUTH CAROLINA OSHA INSPECTION AND

As we wrote in last month’s OSHA Update, it is important for employers to know what they can expect in connection with—and how they can prepare for—an inspection. This month’s update addresses the inspection and citation process.

OSHA UPDATE PART I: PREPARING FOR A SOUTH CAROLINA OSHA INSPECTION (pdf).

Over the past year, federal and state occupational safety and health agencies have increased their enforcement activities, and the Protecting America’s Workers Act—which would significantly increase civil and criminal penalties for violations of the Occupational Safety and Health Act—is pending in Congress. These developments mean it is more important than ever that employers understand and exercise their rights during an occupational safety and health inspection and be familiar with the citation process. This is the first of a two-part series providing practical suggestions on what to do before and after an inspection.

Immigration Reform Law Set to Affect All South Carolina Employers.

The South Carolina Illegal Immigration Reform Act will take effect for all South Carolina employers on July 1, 2010. Private employers with at least 100 employees have been subject to the Act since July 1, 2009, but this summer it will also apply to smaller employers with fewer than 100 employees.

Update on LLR’s Immigration Investigations and Site Visits.

Ogletree Deakins is pleased to announce that in response to certain concerns raised by the South Carolina business community, the South Carolina Department of Labor, Licensing and Regulations (LLR) has agreed to revise its enforcement procedures in connection with the private employment provisions of the South Carolina Illegal Immigration Reform Act of 2008 (SCIIRA).

Update on the South Carolina Department of Labor, Licensing and Regulations’ Immigration Investigations and Site Visits.

The South Carolina Department of Labor, Licensing and Regulations (LLR) investigators are continuing to visit employer sites unannounced to enforce the South Carolina Illegal Immigration Reform Act. They are not only requesting documentation to prove that the employer is not “knowingly or intentionally” employing unauthorized workers, but they are also asking to speak to employees to question them on the employment verification process. As pointed out in our July 10, 2009 South Carolina eAuthority, we believe that LLR’s application and enforcement of the law, and its methodology for selecting employers for “random” audits, reach beyond the scope of its legal authority and raise several serious legal issues.

Current Enforcement Tactics of New S.C. Immigration Law.

The South Carolina Illegal Immigration Reform Act took effect on July 1, 2009 for private employers with 100 or more employees. All other private employers must be in compliance by July 1, 2010.

South Carolina Employers Face July 1 Compliance Deadline.

For private employers in South Carolina with 100 or more employees, compliance with the employment verification requirements of the South Carolina Illegal Immigration Reform Act begins July 1, 2009. The Act's verification procedures apply to all employees hired on or after July 1, 2009.

DIFFICULT TIMES, TOUGH DECISIONS: DOWNSIZING AND RELATED EMPLOYMENT ISSUES (pdf).

Today’s economy is challenging for employers of all sizes, in nearly all industries. The economic downturn has caused many employers to re-evaluate their business plans and expenses. Some have reduced payroll by freezing or cutting salaries, reducing schedules, laying off employees, or closing all or part of a plant. Any or all of these measures can trigger significant legal challenges and potential liabilities for the employer. The following are some laws and issues that can impact employers in North and South Carolina when downsizing or otherwise reducing payroll or schedules.

The Latest on the South Carolina Immigration Reform Act.

Since Governor Sanford signed the South Carolina Illegal Immigration Reform Act into law on June 4th, Nexsen Pruet has been working to make sure businesses have all the information they need to make informed decisions.

Attorney Melissa Azallion addresses critical immigration issues for business.

Since Governor Sanford signed the South Carolina Illegal Immigration Reform Act into law on June 4th, Nexsen Pruet has been working to make sure businesses have all the information they need to make informed decisions.

The South Carolina Illegal Immigration Reform Act (pdf).

The South Carolina Illegal Immigration Reform Act, signed into law by Gov. Sanford on June 4, 2008, changes the legal landscape for employers doing business in the State by imposing new employment verification requirements and establishing penalties for noncompliance. The new law also creates a new cause of action for wrongful termination if a business knowingly and/or intentionally terminates and replaces a legal worker with a worker not authorized to work in the United States. Across the nation, similar laws passed by local and state governments are meeting constitutional challenges with varying results. Below is a summary of the main provisions of the new South Carolina law.

Key Immigration Legislation Becomes Law.

Today, Governor Mark Sanford signed into law the South Carolina Illegal Immigration Reform Act (H. 4400). The new law prohibits employers in South Carolina from "knowingly and intentionally" employing unauthorized aliens and establishes steps that all employers will be required to take to verify the work status of new hires. Employers that violate the provisions of the law will face tough penalties in the form of monetary fines and possible suspension, even permanent revocation, of the ability to employ workers in South Carolina.

Tough New Immigration Law Now in Effect in South Carolina.

Today Gov. Mark Sanford will sign into law the South Carolina Illegal Immigration Reform Act. The legislation places South Carolina among the few states that require public and private employers to take affirmative steps to verify the legal status of new employees.

Labor Alert: Union Conducts Mass Solicitation of South Carolina Registered Nurses (pdf).

The California Nurses Association (CNA) and its national arm, the National Nurses Organizing Committee (NNOC), are a nursing and health care union that is currently engaging in a widespread membership drive soliciting Registered Nurses throughout South Carolina.

Court Rules for Employer in Emotional Distress Case (pdf).

Summary judgment standards for emotional distress claims clarified.
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