 Practices
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Thomas L. Stephenson practices primarily in the areas of labor law, employment law, and employment-related litigation.
Mr. Stephenson has authored several books and articles dealing with employment law.
 Career Highlights
- Medical University of South Carolina - Chairman of the Board of Trustees
- Chambers USA: America's Leading Business Lawyers - Litigation
- Best Lawyers in America - Alternative Dispute Resolution and Labor and Employment Law since 2005
- South Carolina Super Lawyer in Employment Litigation: Defense since 2008
- Benchmark Litigation, "Local Litigation Star" - Greenville
- Certified Specialist in Employment and Labor Law
- Clemson University - Adjunct Professor in Labor Law
- Greenville Young Lawyers - Former Member
- Leadership Greenville - Graduate
 News
- Nexsen Pruet Attorneys Recognized By Peers; Twenty-Eight Named to 2013 Super Lawyers® List for South Carolina
Nexsen Pruet is pleased to announce the attorneys who have been listed in the 2013 edition of South Carolina Super Lawyers®.
- 13 Nexsen Pruet Attorneys Named “Lawyer of the Year” for 2013
Thirteen Nexsen Pruet attorneys have been named as a "Lawyer of the Year" for 2013 by Best Lawyers in America®.
- Nexsen Pruet Attorneys Named to the 2013 Edition of Best Lawyers in America®
Nexsen Pruet attorneys have been named to the Best Lawyers in America® list for 2013.
- Four Nexsen Pruet Attorneys Named to Greenville’s “Legal Elite”
Greenville attorneys, Billy Wilkins, David Gossett, John Hardaway and Tom Stephenson have been named to Greenville Business Magazine's "Legal Elite" for 2012.
- Nexsen Pruet Attorneys and Practice Groups Ranked Among Top in the Carolinas
Nexsen Pruet attorneys and practice areas have been recognized by a leading legal directory in both North and South Carolina.
- Attorneys Recognized By Peers; Twenty-Four Named to 2012 Super Lawyers® List for South Carolina
Nexsen Pruet is pleased to announce that twenty-four attorneys have been listed in the 2012 edition of South Carolina Super Lawyers®.
- Nexsen Pruet Attorneys Recognized with “Leadership in Law” Awards
Nexsen Pruet is pleased to announce that Hilton Head attorney Melissa Azallion and Greenville attorney Tom Stephenson have been selected as recipients of 2012 "Leadership in Law" awards.
- Legal Publication Recognizes Five Nexsen Pruet Attorneys
Five attorneys have been recognized by Benchmark Litigation.
- 62 Attorneys Named to the 2012 Edition of Best Lawyers®
Nexsen Pruet is proud to announce that 62 of its attorneys have been named to the 2012 edition of Best Lawyers®.
- Nexsen Pruet Attorneys Named to list of "Greenville's Leading Lawyers"
The August 2011 edition of Greenville Business names David Gossett, Tom Stephenson and Billy Wilkins as three of "Greenville's Leading Lawyers."
- Nexsen Pruet Attorneys and Practice Groups Rated Among Top in the Carolinas
The newly released 2011 edition of Chambers USA lists fourteen attorneys as “Leaders in their Field” and gives high marks to the firm in six practice areas.
- Nexsen Pruet Attorneys Recognized By Peers; Sixteen Named to 2011 Super Lawyers® List for South Carolina
Nexsen Pruet is pleased to announce that sixteen attorneys have been listed in the 2011 edition of South Carolina Super Lawyers®. Those attorneys practice in firm’s Charleston, Columbia, Greenville and Myrtle Beach offices.
- Tom Stephenson Elected Chairman of MUSC Board of Trustees
Nexsen Pruet is pleased to announce that attorney Tom Stephenson has been elected Chairman of the Medical University of South Carolina’s Board of Trustees.
- Fifty-nine Attorneys Selected for Best Lawyers in America®; Five Practice Areas Listed Among Top in the Carolinas
Nexsen Pruet is proud to announce that 59 of its attorneys have been named to the 2011 edition of Best Lawyers®.
- Nexsen Pruet Attorneys and Practice Groups Rated Among Top in South Carolina
A leading legal directory has ranked Nexsen Pruet attorneys and practices among the top in South Carolina.
- Nexsen Pruet Attorneys Recognized by Their Peers
Nineteen Nexsen Pruet attorneys have been named to the 2010 list of South Carolina Super Lawyers®.
- Tom Stephenson Named “Alternative Dispute Resolution Lawyer of the Year”
Nexsen Pruet attorney Tom Stephenson has been named “Greenville Alternative Dispute Resolution Lawyer of the Year” for 2010 by Best Lawyers®. In various specialty areas, the publication recognizes one attorney from large legal communities as the “Lawyer of the Year.”
- Fifty-eight Attorneys Selected for Best Lawyers in America®
Fifty-eight Nexsen Pruet attorneys will be included in the 2010 edition of The Best Lawyers in America®.
- Legal Directory Publisher Ranks Four Nexsen Pruet Practice Areas Among Top in State; Eleven Attorneys Rated for Excellence
The 2009 edition of Chambers USA ranks four of Nexsen Pruet’s practice areas and eleven attorneys among the best in South Carolina.
- Twenty-Five Nexsen Pruet Attorneys Named Among South Carolina’s Super Lawyers®
Twenty-five Nexsen Pruet attorneys have been named to the 2009 list of South Carolina Super Lawyers®.
- Nexsen Pruet Moves into New Office Space in Greenville
Nexsen Pruet has moved into new office space in Greenville.
- "Please re-lease me: Upstate office glut looms"
The October 27, 2008 edition of GSA Business features a story about Nexsen Pruet's upcoming move and the amount of vacant office space in the Greenville area.
- 45 Nexsen Pruet Attorneys Selected for Best Lawyers
Columbia, SC – Forty-five Nexsen Pruet attorneys will be included in the 2009 edition of The Best Lawyers in America®. The publication also ranks Nexsen Pruet #1 in eleven practice areas in South Carolina and three in North Carolina.
- Legal Directory Publisher Ranks 11 Nexsen Pruet Attorneys for Excellence; Four Practice Areas Rated Among Top in State
- 18 Nexsen Pruet Attorneys Named Among South Carolina's "Super Lawyers"
- 38 Nexsen Pruet Attorneys Names To "The Best Lawyers in America 2008"
Thirty-eight attorneys from Nexsen Pruet, LLC were recently selected by their peers for inclusion in The Best Lawyers in America® 2008 – including six who have now earned the honor for 10 years or more.
- Legal Publisher Recognizes Ten Nexsen Pruet Attorneys For Excellence; Three Practices Areas Again Rated No. 1
Ten Nexsen Pruet attorneys have been named among the top legal practitioners in their fields in the 2007 edition of the Chambers USA Guide, and three of the firm’s practice areas were rated No. 1 in South Carolina.
- 32 Nexsen Pruet Attorneys Named to 2007 Edition of "Best Lawyers in America"
Thirty-two attorneys from Nexsen Pruet, LLC have been named to the 2007 edition of Best Lawyers in America – including six who have now earned the honor for 10 years or more.
- Americans with Disabilities Act UPDATE - Employment Law Briefing Covers Recent Developments
Employers constantly struggle with how to apply important ADA requirements to day-to-day issues that arise in the workplace. Please join us for a free breakfast briefing for employers about recent developments under the ADA.
- Legal Publisher Recognizes Eight Nexsen Pruet Attorneys For Excellence; Three Practices Areas Rated No. 1
Eight Nexsen Pruet attorneys have been named among the top legal practitioners in their fields in the 2005-2006 edition of Chambers USA.
 Publications
- To Pay or Not to Pay? The Test for the Unpaid Intern
As the end of another academic year approaches, college students across the country are seeking summer employment opportunities.
- FMLA's Twentieth Birthday
On February 5, 2013, the Family and Medical Leave Act turned 20 years old. Coinciding with this milestone, the U.S. Department of Labor has issued a new final rule, which codifies further additions and revisions to the FMLA. This newsletter highlights some of the changes.
- New I-9 Form Shows More Changes May be in Store for Employers
On March 8, 2013, U.S. Citizen and Immigration Services (USCIS) published a new two-page version of Form I-9, together with six pages of instructions. This article explains some of the notable features of the revised Form I-9.
- Update: Noncompete Agreements in SC are Worth More Than the Paper They're Written On
In light of the restrictive nature with which South Carolina courts have historically viewed noncompetition agreements, many people assume they are not enforceable and, in essence, “not worth the paper they’re written on.” However, in January of this year, the South Carolina Court of Appeals upheld a physician’s noncompetition agreement and expanded the scope of enforceable noncompetition agreements in this state.
- Employment Law Update: U.S. Supreme Court Set to Define "Supervisor" for Purposes of Title VII
The U.S. Supreme Court recently heard arguments in a case that could have a significant impact on employer liability. Specifically, as the result of an appeal in Vance v. Ball State University, et al, 646 F.3d 461 (7th Cir. 2011), the Court is poised to decide who qualifies as a “supervisor” for purposes of liability under Title VII of the Civil Rights Act.
- 2012 Employment and Labor Law Final Exam Answer Key
We received a great response to the 2012 Employment and Labor Law Final Exam. Thanks to all of our clients and friends who participated this year.
- 2012 Employment and Labor Law Final Exam
As 2012 comes to a close, it is time to put your employment and labor law knowledge to the test with Nexsen Pruet’s second annual final exam. We will send out answers to the exam in two weeks.
- Employment Law Update: Employers Face FCRA Update Deadline of January 1, 2013
Effective January 1, 2013, there is a new form that employers must provide prospective or current employees when conducting background checks subject to the Fair Credit Reporting Act (FCRA).
- Employment Law Update: Recent Cases Address Employer Efforts to Protect Confidential Information
In recent months, both the Fourth Circuit Court of Appeals, which has jurisdiction over federal cases in North and South Carolina, and the South Carolina Supreme Court have addressed the issue of protecting trade secrets and confidential information.
- Employment Law - Business Immigration Update
Over the past few months, there have been several immigration developments that could have a significant impact on businesses in North and South Carolina. This update summarizes the key developments for employers.
- Employment Law Update - Patient Protection and Affordable Care Act: Upcoming Deadlines Require Employer Action
After months of anticipation and seemingly endless public debate, the U.S. Supreme Court announced its decision
upholding the key individual mandate provision of the Patient Protection and Affordable Care Act (PPACA). While the
significance of the decision cannot be overestimated, the real import is its practical effect on employers.
- New Rule Makes “Reasonable Factors Other Than Age” Defense More Difficult for Employers
On March 29, the Equal Employment Opportunity Commission issued a final rule making it more difficult for
employers to establish a “reasonable factor other than age” defense for disparate impact claims under the Age Discrimination in Employment Act.
- Recent Guidelines for Employers of Active Duty & Veteran Service Members
The Equal Employment Opportunity Commission (EEOC) has issued timely and relevant guidance for employers addressing protections afforded veterans under the Uniformed Services Employment and Reemployment Rights Act (USERRA) and the Americans With Disabilities Act (ADA).
- Keep Your Ears Peeled: Employment Law Update on the FLSA's "Anti-retaliation" Provision
In this issue we describe and discuss a recent federal appeals court decision concluding that internal complaints about pay may be protected by the FLSA’s anti-retaliation provision.
- Employment Law Update: Romance in the Workplace: You, Me and our Employer?
As Valentine's Day approaches, here are some interesting facts for employers to consider.
- 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 - 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 - 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 - June 2006
Recent Decisions Highlight Importance Of Background Checks for Employers
- Liability from Employee Discharge
 Events
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 Education
- University of South Carolina, B.S., 1976
- University of South Carolina, J.D., 1979
 Bar & Court Admissions
- South Carolina
- U.S. District Court, District of South Carolina
- U.S. Court of Appeals, Fourth and Sixth Circuits
 Civic & Professional Memberships
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