Nikole Setzler Mergo

Ms. Nikole Mergo is a member licensed and representing clients in both South Carolina and North Carolina, practicing in complex commercial litigation with a concentration on employment litigation defense and advice and counseling, antitrust, unfair business practices and professional malpractice defense.  She also has experience in class action practice, multi-district litigation, and the coordination of the defense of nationwide litigation filed in South Carolina.

Ms. Mergo's selected case experience includes serving as one of the national lead counsel coordinating the defense of pharmaceutical pricing litigation filed in South Carolina and the associated defense of two major national pharmaceutical manufacturers; for three major hospitals in South Carolina defending unfair pricing claims under both an antiquated state statute and the common law (see Supreme Court opinion here); for several household goods manufacturing companies defending allegations of a conspiracy under the Sherman Act regarding alleged inflated fuel surcharge prices; and for a South Carolina hospital successfully defending a race discrimination claim to a defense verdict in federal court.  Ms. Mergo began her career assisting the lead counsel for Monsanto Company in coordinating two major antitrust lawsuits filed in South Carolina and Delaware Courts by E.I. DuPont de Nemours & Company, taking the lead in coordinating the Delaware defense with counsel from that State.  Ms. Mergo also provides daily advice and counseling, as well as litigation defense, to numerous South Carolina hospitals, physician practices, long term care facilities, national manufacturing companies, a global advanced solid imaging company, and locally owned businesses on all aspects of employment law, including representation before the District Courts of South and North Carolina, the EEOC and SHAC, and the South Carolina Department of Employment and Workforce.  

Ms. Mergo received her B.A. in English with distinction from the University of Virginia in 1996.  In 1999, she received her J.D. from the University of Virginia School of Law, where she was a Semi-Finalist in the Lile Moot Court Competition and Senior Editorial Board Member of the Virginia Journal of International Law.

• IADC Trial Academy - 2003 Graduate
• Current Member, University of Virginia Jefferson Scholars Regional Selection Committee

• Nexsen Pruet Earns Designation as 'Midlands Green Business'
  Nexsen Pruet has earned designation as a Midlands Green Business, joining other Columbia-area organizations that are committed to environmentally responsible practices in the workplace.
• New Year, New Changes to the FMLA and ADA
  The Employment and Labor Law Practice Group of Nexsen Pruet, LLC will present free breakfast briefings to update human resources professionals on two significant changes that will effect labor and employment laws in 2009.
• Nexsen Pruet Elects Four New Members
  Nexsen Pruet announced that Melissa L. Azallion, Brian C. Bonner, Nikole Setzler Mergo, and Suzanne Guitar Odom have been elected Members (partners) of the firm.

• 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.
• Amicus curiae brief filed on behalf of the South Carolina Hospital Association
  On August 9, 2010, the South Carolina Supreme Court issued an opinion in the case of Blair Mathis v. Brown & Brown of South Carolina, in which Nexsen Pruet's Nikole Mergo filed an amicus curiae brief on behalf of the South Carolina Hospital Association.
• 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 Update - April 2010
  Employer wins ADA suit brought by medical intern who could not perform the essential functions of his job with or without a reasonable accommodation.
• 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 - December 2009
  This edition addresses employment law issues arising from employee and employer use of online social networking sites.
• 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 - April 2008
  This edition analyzes an important court ruling relating to the drafting, interpretation, and enforcement of invention assignment clauses in employment agreements.

• Association of Corporate Counsel
• Employment Law Quarterly Breakfast Briefing
• Employment Law Quarterly Breakfast Briefings
• Webinar: Immigration Compliance & Enforcement Update
• Leave or Left - FMLA and Unemployment Benefits