Joining a nationwide trend, a bipartisan group of South Carolina legislators recently introduced bills in both houses of the General Assembly aimed at allowing applicants and employees to sue employers for unequal pay.
Articles Discussing General Topics In South Carolina Labor & Employment Law.
South Carolina Unfair Trade Practices Act: When Acts Are Not Capable of Repetition and Other Important Issues
In South Carolina, as in most jurisdictions, unfair methods of competition and unfair or deceptive acts or practices in the conduct of any trade or commerce are unlawful. See South Carolina Unfair Trade Practices Act (the “Act”), S.C. Code Ann. §39-5-10, et seq. In order to be actionable, an act must be unfair or deceptive, and must have an impact upon the public interest. Impact on public interest may be established if the act or practice has the potential for repetition. Potential for repetition may be demonstrated by showing the same kind of action previously occurred, making it likely it will continue to occur without deterrence, or by showing a company’s procedures create the potential for repetition of the unfair and deceptive act. While myriad cases have addressed, interpreted and applied the Act, few have as succinctly dealt with whether acts incapable of repetition may be said to have potential for repetition as the recent case of Turner v. Kellett, 2019 WL 455101 (February 6, 2019).
South Carolina Court of Appeals Weighs in on South Carolina’s Political Opinions Statute, Approves Discharge of Employee for Excessive Personal Use of Company Phone and Laptop
In Owens v. Crabtree, Opinion No. 5616 (January 16, 2019), the South Carolina Court of Appeals held that a company’s termination of an employee for using company devices, on company time, to oppose a local building project that the company had a financial stake in was valid and did not violate public policy. The holding (1) illustrates the benefits of a written company policy regarding the use (including personal use) of company devices/technology and (2) provides an example of a valid termination that did not violate South Carolina public policy.
South Carolina Contemplates Sweeping Pay Equity Legislation
Bipartisan bills introduced in both houses of the South Carolina General Assembly propose allowing workers and job applicants to bring suit against employers for pay inequality and wage secrecy.
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.
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.
APRNs Not Allowed to Practice Independently per Recent Changes in the Nurse Practice Act
Governor McMaster signed S. 345 (Act No. 234 of 2018) into law on Friday May 18th amending the Nurse Practice Act and expanding the scope of practice for Nurse Practitioners, Certified Nurse Midwives and Clinical Nurse Specialists (APRNs) — there are no changes relating to physician supervision of Certified Registered Nurse Anesthetists (CRNAs).
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.
New South Carolina Pregnancy Accommodations Act Requires Action by Employers
South Carolina has a new law protecting pregnant women and new mothers in the workplace. Effective May 17, 2018, the South Carolina Pregnancy Accommodations Act amended the South Carolina Human Affairs Law (S.C. Code Ann. §§ 1-13-10, et seq.), to provide additional protections for pregnant workers and additional requirements for employers. Although many of the requirements in the Pregnancy Accommodations Act already exist in federal anti-discrimination laws, specifically, Title VII of the Civil Rights Act, the Pregnancy Discrimination Act and the Americans with Disabilities Act, the Pregnancy Accommodations Act provides specific examples of reasonable accommodations for pregnant women and requires that covered employers provide certain written notice to employees.