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:
Articles About South Carolina Labor And Employment Law
The South Carolina Supreme Court Issues an Important Decision on the Viability of Legal Claims by Former Employee for Termination of At-Will Employment
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.
South Carolina Supreme Court Upholds Governor’s Early Termination of Federal Unemployment Benefits
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.
South Carolina Supreme Court Alters “Statutory Employee Doctrine,” Increasing Tort Liability for Workplace Accidents
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.
Employers Can Still Say “No Carry” Under South Carolina’s New “Open Carry” Law
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.
South Carolina Abolishes “Special Damages” Element for Civil Conspiracy Claims, Overruling Decades of Precedent
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.
N.C. and S.C. OSHA Agencies Take Different Approaches to Emergency COVID-19 Standard
North Carolina and South Carolina enforce their own workplace safety and health plans. As “state plan states,” they are required to adopt regulations that are at least as effective as those adopted by the federal Occupational Safety and Health Administration (OSHA).
South Carolina Authorizes College Athletes to Be Compensated for Their Name, Image, and Likeness
Effective July 1, 2022, college athletes in South Carolina can earn compensation for the use of their name, image, or likeness (NIL) and to obtain agents.
Senate Bill 685, signed by Governor Henry McMaster, applies to eligible intercollegiate athletes and post-secondary educational institutions in South Carolina. It prohibits such institutions
South Carolina Lightens COVID-19 Restrictions
Rescinding Mask Mandates, Masks in Schools, Prohibiting Vaccine Passports, Crowd Control, Curbside Sales of Beer and Wine, and More.
VIDEO: Understanding the South Carolina COVID-19 Liability Immunity Act
South Carolina recently passed a joint resolution that offers protection to its businesses and health care providers from liability for certain claims arising from COVID-19.
South Carolina Governor Signs COVID-19 Liability Immunity Act Into Law
South Carolina Governor Henry McMaster has signed the “South Carolina COVID-19 Liability Immunity Act” into law, providing legal immunity to certain businesses that reasonably adhere to public health guidance in effect at the time an applicable COVID-19-related claim arises.
South Carolina Governor Signs Liability Shield Legislation Into Law
As expected, on April 28, 2021, Governor Henry McMaster signed the “South Carolina COVID-19 Liability Immunity Act” (Senate Bill 147) into law. The act, which provides protection from “coronavirus claims” to a broad class of covered entities and covered individuals, went into effect immediately and “appl[ies] to all civil and
At Long Last: South Carolina Passes COVID-19 Liability Immunity
On April 28, 2021, Gov. Henry McMaster signed South Carolina’s COVID-19 Liability Immunity Act into law. The state’s employers will now have a defense that they are immune from liability if an employee claims s/he contracted COVID-19 at work.
South Carolina Expected to Implement Liability Shield Law to Protect Businesses From Certain COVID-19–Related Claims
The “South Carolina COVID-19 Liability Immunity Act” (Senate Bill 147) is expected to reach Governor Henry McMaster’s desk early this week for his signature. Senate sponsors initially introduced the act on December 9, 2020, and it received final approval in the House of Representatives on April 23, 2021. Similar to
As the J&J COVID-19 Vaccine Administration is Paused for Safety Concerns: What is the Impact on South Carolina and its Citizens?
On April 13, 2020, the Centers for Disease Control and Prevention (CDC) and U.S. Food and Drug Administration (FDA) issued a Joint Statement on the Johnson and Johnson (J&J) COVID-19 Vaccine. The CDC and FDA are recommending a pause in the use of the J&J vaccine as the agencies investigate six reported cases of serious blood clots occurring in individuals vaccinated with the J&J product.