 Practices
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Angus H. Macaulay is a native of Richmond, Virginia. He received his B.A. in English from Sewanee: University of the South and received his law degree from the University of South Carolina School of Law.
A specialist in employment and labor law certified by the South Carolina Supreme Court, Mr. Macaulay concentrates his practice representing management in employment litigation matters. He also provides practical advice to employers on ways to minimize litigation risks and comply with federal and state employment laws. Mr. Macaulay is a frequent lecturer on employment-related topics.
Mr. Macaulay's practice also includes representing corporate clients in civil litigation in state and federal courts. He has represented insurers in bad faith and breach of contract actions. He has defended lending institutions from claims of civil RICO and breach of contract, and he has represented corporate clients in shareholder "squeeze-out" and unfair trade practice actions.
In 2003, the University of South Carolina School of Law Alumni Association honored Mr. Macaulay with its Compleat Lawyer Silver Award in recognition for 14 years of practicing law. This award recognizes attorneys for "Competence, Ethics and Integrity."
Mr. Macaulay has served on the boards of several local civic organizations, and he is involved with the South Carolina Bar Association.
 Career Highlights
- Compleat Lawyer Silver Award, USC School of Law Alumni Association
- Certified Specialist by the SC Supreme Court, Labor and Employment Law
- Certified Mediator
- South Carolina Bar:
- - Board of Governors, (2000-2002; 2007-Present)
- - Treasurer, (2010-Present)
- - Young Lawyers Division, President (1999-2000)
- - House of Delegates, Member (2000-Present)
 News
 Publications
- Recent Ruling that Class Action Waivers are Illegal Shows NLRB Remains Active
On January 3, 2012, the National Labor Relations Board (NLRB) ruled that a class action waiver in a mandatory employment arbitration agreement is illegal.
- I-9 Compliance: Avoiding Traps of New Federal Security Features
A redesigned federal document is leading to confusion as businesses try to comply with the I-9 requirement.
- Employment Law Update - January 2012
As employers plan for 2012, the inherent risk posed by departing employees presents an opportunity to reevaluate measures used to protect confidential information and trade secrets from the high cost of misappropriation.
- NLRB Delays Requirement for Employers to Post Pro-Union Notice
On August 25, 2011, the National Labor Relations Board (NLRB) issued regulations requiring virtually all employers to post a large notice to employees informing them of rights under the National Labor Relations Act (NLRA), particularly their right to unionize. Employers must post the notice beginning April 30th, 2012.
- Employment Law Update - December 2011
The EEOC is processing a record number of charges and collecting record settlement amounts. It is pursuing an aggressive systemic enforcement program and focusing on hiring issues. In this edition we discuss what the EEOC is doing and some of the implications for employers.
- 2011 Employment and Labor Law - Final Exam Answer Key
Last week's final exam generated tremendous response from Nexsen Pruet clients and friends. Congratulations to our winners.
- 2011 Employment and Labor Law - Final Exam
It's time to test your knowledge of the current state of employment and labor law.
- Pro-Union NLRB Presents Challenges to Employers: Employment Law Update - October 2011
Recent pro-union decisions and proposed rules by the NLRB pose challenges for employers.
- Wrongful Discharge Claims Limit Employment At-Will Doctrine in North and South Carolina: Employment Law Update - September 2011 Supplemental
Employment in North and South Carolina is at-will, which generally means an employer can terminate an employee at any time without notice. However, both states have long-recognized exceptions to the employment-at-will doctrine, including provisions that an employee cannot be discharged for reasons that contravene the “public policy” of the state.
- Employment Law Update - August 2011 Supplemental
This edition is about a United States Supreme Court decision that illustrates the importance of using clear wording when drafting employee invention assignment agreements.
- Employment Law Update - August 2011
South Carolina and North Carolina have passed state immigration laws mandating employment verification and imposing penalties for failure to comply.
- Employment Law Update - July 2011
Employers are increasingly disciplining workers over misuse of social media. At issue in so-called “Facebook Firing” cases is whether terminating employees for making disparaging online posts, and having policies prohibiting such posts, violates federal labor law.
- Employment Law Update - June 2011
This edition analyzes the EEOC's new final regulations implementing the Americans with Disabilities Act Amendments Act of 2008.
- Employment Law Update - May 2011
The United States Supreme Court recently ruled that the anti-retaliation provision of the Fair Labor Standards Act (FLSA) extends to an employee’s oral complaints.
- Employment Law Update - April 2011
In a unanimous decision, the U.S. Supreme Court recently ruled that an employer can be held liable for employment discrimination based upon the discriminatory animus of a supervisor who influenced, but did not make, the ultimate employment decision.
- Employment Law Update - March 2011
A new U.S. Supreme Court decision allows third-party retaliation claims under Title VII.
- Employment Law Update - February 2011
This edition reviews inclement weather wage and hour issues.
- Employment Law Update - January 2011
Pregnancy discrimination claims are on the rise; and the NLRB proposes a mandatory pro-union poster for all employers.
- Employment Law Update - December 2010
New final regulations under the Genetic Information Nondiscrimination Act were published by the EEOC in November and will take effect January 10, 2011.
- Employment Law Update - November 2010
This edition addresses the enforceability of non-competition agreements in the Carolinas.
- Employment Law Update - October 2010
This edition focuses on a recent lawsuit brought by the EEOC on behalf of an applicant who claims his employer discriminated against him because of his religion in violation of federal law. The applicant requested the employer make an exception to its grooming policy for religious reasons. The article also mentions steps employers can take to minimize the risk of religious discrimination claims.
- The Carolinas Insurance Litigation Review
This issue of the Carolinas Insurance Litigation Review includes:
- "Challenging Policyholder Claims for Bad Faith and Punitive Damages" for North Carolina
- "Combating Policyholder Bad Faith and Breach of the Covenant of Good Faith and Fair Dealing Claims" for South Carolina
- Employment Law Update - September 2010 Supplemental
Part two of a two-part OSHA Update describing what employers can expect in connection with an inspection conducted by South Carolina OSHA and how to contest citations.
- Employment Law Update - September 2010
The U.S. Supreme Court continues to issue rulings favorable to arbitration agreements in the employment setting.
- Employment Law Update - August 2010 Supplemental
Part one of a two-part OSHA Update describing what employers can do to prepare for an inspection conducted by South Carolina OSHA.
- Employment Law Update - August 2010
This edition of the newsletter summarizes a Fact Sheet issued by the U.S. Department of Labor (DOL) setting out the agency's view of unpaid internships.
- Employment Law Update - June 2010
This edition reviews a recent decision by the Fourth Circuit federal appeals court examining who is a "supervisor" for purposes of holding a company liable for sexual harassment conduct by a supervisor.
- Employment Law Update - May 2010
On March 30, 2010, Governor Sanford signed legislation restructuring, and renaming, the South Carolina Employment Security Commission, and amending the state's employment security law. This month's update describes some of the changes that have taken place at the agency and in the benefits claims process.
- Employment Law Alert: The HIRE Act and FICA Taxation of Severance Benefits
Hiring for the HIRE Act: Federal Legislation Offers Substantial Incentives for Bringing on New Workers and Important New Development Affecting FICA Taxation of Severance Benefits
- Employment Law Update - March 2010
This edition describes new audit initiatives by the IRS and DOL that focus on potential misclassification of workers as independent contractors when they are, in fact, employees, as well as potential misclassification of employees as exempt from wage and hour laws when they do not meet the requirements for exempt status.
- Employment Law Update - February 2010
This month's Employment Law Update addresses some of the legal risks associated with employee use of blackberries and cell phones after work hours or while driving.
- Employment Law Update - January 2010
As the new year gets underway, the January edition of the Update discusses four resolutions employers will want to consider.
- Employment Law Update - October 2009
This edition focuses on the EEOC's recent publication that addresses waivers of discrimination claims in employee severance agreements; the EEOC reminds employers and employees about requirements for valid and enforceable releases, especially when the releases are for employees age 40 and older.
- Employment Law Update - August 2009
This edition focuses on three Department of Labor opinion letters that address how cost-cutting strategies like mandatory furloughs and reduced workweeks may affect an employee's exempt status under the Fair Labor Standards Act. It also updates pending North Carolina legislation that, if passed, would require private sector employers to use E-Verify to check the legal status of new hires.
- Employment Law Update - July 2009
This edition discusses the U.S. Supreme Court’s Gross v. FBL Financial Services, Inc. decision, which recognized a more stringent standard of proof for employees bringing claims under the federal Age Discrimination in Employment Act (ADEA). According to the Court, a plaintiff asserting a disparate-treatment claim under the ADEA must prove that age was the “but-for” cause of an adverse employment action, as opposed to a mere “motivating factor.”
- Employment Law Update - June 2009 Supplemental
Starting July 1, 2009, private employers in South Carolina with 100 or more employees
must comply with the employment verification requirements of the South Carolina Illegal
Immigration Reform Act.
- Employment Law Update - June 2009
This edition focuses on recent court decisions striking down restrictive covenants for being overly broad and highlights the need to narrowly tailor non-compete and non-solicitation agreements.
- Employment Law Update - May 2009
This edition explains why many employers are seeking privileged legal compliance reviews of their compensation practices and documentation in the aftermath of the Lilly Ledbetter Fair Pay Act.
A brief video update on immigration compliance developments is available by clicking here. Then, click on the video entitled "Immigration."
- Employment Law Update - March 2009
This edition describes the recently enacted Ledbetter Fair Pay Act, which extends the time period in which employees can pursue pay discrimination claims.
- Employment Law Update - February 2009 - Special COBRA Edition
The economic stimulus law signed by President Obama on February 17, 2009, contains significant changes to COBRA, providing for a premium subsidy for eligible employees and also giving eligible individuals another chance to elect COBRA.
- Employment Law Update - February 2009
This edition summarizes laws and issues that can impact Carolinas employers when downsizing or otherwise reducing payroll or schedules.
- Employment Law Update - January 2009
This edition summarizes key provisions of the new FMLA regulations, which will require substantial changes in employer policies and practices.
- Employment Law Update - December 2008
2009 promises to bring many changes and challenges for employers and their human resources departments. This edition identifies employment and labor law compliance issues that can be addressed through audits and employee surveys, as well as policy reviews and training.
- Employment & Labor Law Desk Reference For The Carolinas
- Employment Law Update - October 2006
On August 17, 2006, President Bush signed the 900-plus page Pension Protection Act of 2006 ("PPA"), putting in place many reforms to federal tax and employee benefit laws intended to strengthen the nation's private employer retirement system.
- Employment Law Update - August 2006
U.S. Supreme Court Expands Anti-Retaliation Provision of Title VII
- Unemployment Compensation in South Carolina
New for 2006! A detailed guide to one of the most complicated and confusing areas of employment law – unemployment compensation.
- Employment Law Update - June 2006
Recent Decisions Highlight Importance Of Background Checks for Employers
 Events
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 Education
- Sewanee: University of the South, B.A., English, 1986
- University of South Carolina School of Law, J.D., 1990
 Bar & Court Admissions
- South Carolina
- U.S. Court of Appeals, Fourth Circuit
- U.S. District Court, District of South Carolina
 Civic & Professional Memberships
- South Carolina Cancer Center, Chair of Board of Directors (1999)
- South Columbia Development Corporation, Member (1993-2001)
- South Carolina State Library Foundation, Treasurer (2005-2008)
- Federation of Defense and Corporate Counsel
- American Bar Association
- Defense Research Institute
- South Carolina Bar
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