Articles About South Carolina Labor And Employment Law

On April 25, 2022, Governor Henry McMaster signed bill H.3126 into law in an effort to signal the state’s continued opposition to any mandated COVID-19 vaccination requirement.

South Carolina Governor Henry McMaster has signed into law House Bill 3126, which has implications for public and private employers that continue to require employees in South Carolina to be vaccinated against COVID-19.

On April 25, 2022, South Carolina Governor Henry McMaster signed into law House Bill 3126, which, among other things, bans state and local governments from imposing COVID-19 vaccine mandates as a condition of employment and provides certain protections for workers subject to private employers’ vaccination requirements.

On Thursday, February 10, 2022, the South Carolina Senate voted to pass the South Carolina Compassionate Care Act (S. 150) on third reading, which would allow for certain forms of medical cannabis in the state for the first time. 

Just over a year ago, the South Carolina Legislature introduced the “South Carolina Compassionate Care Act” (S. 150 and H. 3361), which, for the first time, would allow medical cannabis in the state. 

The South Carolina Supreme Court issued two decisions late in 2021 that may impact employers’ and co-workers’ potential liability in litigation arising from an employee’s discharge.

On January 14, 2022, following our prior alert found here, CMS issued guidance containing new compliance deadlines for the vaccine mandate for those healthcare employers in the 24 states previously covered by injunctions.  The January 14 guidance can be found here.

In Hall v. UBS, the South Carolina Supreme Court recently issued definitive answers on three certified questions in the employment law context.  The opinion clarifies the following S.C. employment law issues:

On December 1, 2021, the South Carolina Supreme Court answered three certified questions from the United States District Court for the District of South Carolina that provide clarification on the legal rights stemming from the at-will employment relationship, including its termination, and a third party’s potential liability for interfering with such a relationship. The S.C. Supreme Court’s decision in Hall v. UBS Financial Services Inc. et. al. (S.C. Supreme Court Opinion No. 28068), has significance for all employers in South Carolina, including the health care industry in which at-will employment relationships are common.      

In a recent opinion, the South Carolina Supreme Court unanimously agreed with the lower court’s dismissal of a lawsuit brought by four individuals to challenge Governor Henry McMaster’s decision to end federal unemployment programs early.

The South Carolina Supreme Court significantly modified the “statutory employee doctrine” framework last week, making it easier for employees of contractors and subcontractors to sue worksite employers for work-related injuries and accidents.

On August 15, 2021, South Carolina’s new “Open Carry With Training Act” took effect. Under the new “Open Carry” law, individuals who possess a South Carolina concealable weapon permit (“CWP”) can carry a concealable weapon[1] openly on the individual’s person or in a manner that is concealed, i.e., hidden from public view in normal wear of clothing. 

In a lawsuit by a terminated employee claiming former supervisors conspired to target her with negative performance reviews which ultimately resulted in dismissal, the employee now has an easier path to recovery following a recent South Carolina Supreme Court decision.