Articles Discussing General Topics In South Carolina Labor & Employment Law.

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.

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.

The U.S. Supreme Court has issued a narrow ruling in favor of a baker who refused to make a wedding cake for a same-sex couple. Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission, No. 16-111 (June 4, 2018).

The South Carolina Pregnancy Accommodations Act amends the South Carolina Human Affairs Law to require employers with at least 15 employees to provide reasonable accommodations to employees for medical needs arising from pregnancy, childbirth, or other related medical conditions (including lactation), unless the employer can demonstrate the accommodation would impose an undue hardship on the operation of the business.

On Thursday, May 17, 2018, South Carolina Governor Henry McMaster signed one of the most significant new pieces of state legislation impacting employers in recent years. The South Carolina Pregnancy Accommodations Act (HB 3865) will, among other things, require employers to notify employees of their right to be free from discrimination on the basis of pregnancy, childbirth or related medical conditions. Critically, this new notice requirement goes into effect immediately as to all new employees, and must be satisfied no later than September 14, 2018, for all existing employees.

Last week, more than a hundred South Carolina employees became eligible to receive millions of dollars from a settlement fund of $22.5 million. A federal judge approved settlement of a lawsuit against a steel mill in Huger, S.C. Nearly half of the settlement will go to the plaintiffs’ lawyers and the remainder will be allocated to eligible employees based on a settlement formula focusing on individual factors, including pay differentials allegedly due to lost promotions, and the frequency, severity, and duration of alleged racial hostility within the workplace.

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.

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.

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.

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.

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

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.”

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.

South Carolina has joined the growing number of states requiring employers to use the federal E-Verify program exclusively to confirm new workers’ employment authorization. Governor Nikki Haley signed into law amendments to the South Carolina Illegal Immigration Reform Act (“Act” or “SCIIRA”) and other state laws addressing immigration on June 27, 2011.

South Carolina has shut down a restaurant for 10 days after finding that the restaurant employed persons not authorized to work. This move by the South Carolina Department of Labor, Licensing and Regulation arises out of a plan to audit 4,000 employers in 2011 for compliance with the South Carolina Illegal Immigration Reform Act. Employers found in violation of the Act face stiff civil fines and negative publicity and may be reported to U.S. Immigration and Customs Enforcement or, as in this case, even shut down. LLR has hired 21 investigators to support its aggressive investigation strategy.