Victoria L. Eslinger

Member
Columbia, South Carolina
(T) 803.253.8249
(F) 803.253.8277
C9%3Ap6B.i%3Fr5iEG%2Cr%3DF%3CiA%60%2As%3A
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Listed in Chambers USA

Practices
Practices

Victoria L. Eslinger practices in the area of general and business litigation, labor and employment as well as in the firm's international practice.

Ms. Eslinger has extensive experience with discrimination, harassment, retaliation, whistleblower, wage and hour, payment of wages, and employment contract claims, as well as claims based on non-competition and non-disclosure agreements.  She also has extensive experience drafting executive employment and severance agreements.

Ms. Eslinger has served for a number of years as a member of the faculty of the Harvard University Law School Intensive Trial Advocacy Course. She formerly practiced law with O'Melveny & Myers in Paris, France, and is fluent in French, Spanish and Italian.

A frequent lecturer at South Carolina Bar seminars, Ms. Eslinger has also served on numerous boards of directors of local civic organizations.

Ms. Eslinger was named the 2009 Advocate of the Year by the South Carolina Appleseed Legal Justice Center.

In 2004, the University of South Carolina School of Law honored Ms. Eslinger with the Compleat Lawyer Platinum Award. Ms. Eslinger received the honor in recognition of her professional and civic accomplishments over 30 years of practice. It is given to USC law graduates who have made "a significant contribution to the legal profession" and exemplify "the highest standard of professional competence, ethics, and integrity."

Career Highlights
Career Highlights
  • Certified Specialist in Labor and Employment Law
  • Best Lawyers in America - Labor & Employment Law and Family Law
  • Chambers USA: America's Leading Business Lawyers - Labor and Employment Law
  • Listed in South Carolina Super Lawyers
  • USC Compleat Lawyer Platinum Award
  • YWCA - TWIN (Tribute to Women and Industry) Award
News
News

Publications
Publications
  • 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 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.
  • Victoria Eslinger Answers Questions on Her Work to Promote Social Justice
    "SC Appleseed Legal Justice Center is proud to honor Victoria L. Eslinger as our 2009 Advocate of the Year. Her work over the years has not only made many positive changes to the low income community but has been an inspiration to fellow lawyers around the state. We talked to Ms. Eslinger about her distinguished career, and we share some of her thoughts with you...."
  • 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.
  • Video - "Employment Law: How Will the 2008 Election Impact You and Your Business?"
    Employers can expect that efforts will be made to significantly change employment and labor laws and regulations over the next several months. Nexsen Pruet Employment and Labor Law attorneys David Dubberly, William Floyd, Cherie Blackburn and Mike Brittingham provide a briefing to help clients prepare for the changes.
  • 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 Law Update - November 2008
    The EEOC has published new guidelines on religious discrimination.
  • Employment Law Update - October 2008
    This edition summarizes the ADA Amendments Act (ADAAA), which expands the protections against discrimination based on disability included in the Americans with Disabilities Act (ADA). The ADAAA in effect overrules U.S. Supreme Court decisions that narrowly interpreted the ADA.
  • Employment Law Update - August 2008
    Misclassifying workers as independent contractors when they are really employees can result in significant tax and other legal liabilities. This edition discusses the factors that apply in determining whether or not a worker can be properly classified as an independent contractor.
  • Employment Law Update - June 2008
    The South Carolina Illegal Immigration Reform Act, signed into law by Gov. Sanford on June 4,2008, changes the legal landscape for employers doing business in the State by imposing new employment verification requirements and establishing penalties for noncompliance.
  • Employment Law Update - May 2008
    This edition provides tips to help employers evaluate employment practices liability insurance policies.
  • International Law Update
    This edition provides tips on anticipating and resolving disputes with international customers and suppliers.
  • 2 Videos About Employment Issues
  • Employment Law Update - March 2008
    The federal appeals court with jurisdiction over the Carolinas concludes that claims by employees that are directly covered by the FLSA—such as overtime pay claims—must be brought under the FLSA and cannot be brought under state law causes of action that make it easier to sue and to recover punitive damages.
  • Employment Law Update - February 2008 - Special FMLA Edition
    On January 28, 2008, President Bush signed into law the National Defense Authorization Act for Fiscal Year 2008 (NDAA), which contains a provision amending the Family and Medical Leave Act (FMLA) for the first time since the FMLA was enacted in 1993. The NDAA amendment expands the FMLA for employees in military families.
  • Employment Law Update - February 2008
    This edition analyzes a recent lawsuit in which an employer accused a former employee of taking its customer lists and using them to compete with the employer. This edition also summarizes OSHA's new rule requiring employers to provide certain protective equipment to employees at the employer's expense.
  • Employment Law Update - January 2008
    This edition analyzes the recent decision of the National Labor Relations Board upholding an e-mail policy that prohibited employees from using the employer's e-mail system to send “non-job-related solicitations.” This Update also contains a Benefits Alert describing a new Equal Employment Opportunity Commission rule allowing employers to coordinate retiree health plans with Medicare.
  • Employment Law Update - December 2007
    The end of the year and the accompanying holidays often bring requests by employees for time off for the religious observances and requests to display religious symbols at work.
  • Employment Law Update - September 2007
    This edition analyzes a recent court decision that clarified how to apply the standard for summary judgment to claims alleging intentional infliction of emotional distress.
  • Employment Law Update - August 2007
    On July 3, 2007, a divided panel of the U.S. Court of Appeals for the Fourth Circuit reinstated a decision it rendered in 2005, but later vacated, that employers cannot enforce a release of claims under the Family and Medical Leave Act (FMLA) unless the release has been approved by a court or the U.S. Department of Labor (DOL).
  • Employment Law Update - April 2007
    Are you tired of skyrocketing insurance costs? Do you control these costs without cutting back on the benefits your employees receive? Are you interested in making your employees more accountable for their health and the impact their health has on your insurance costs?
  • Employment Law Update - March 2007
    With the political shift in Congress, several important labor or employment laws may change significantly.
  • Employment & Labor Law Desk Reference For The Carolinas
  • Employment Law Update - January 2007
    Amendments to Rule 26 of the Federal Rules of Civil Procedure pertaining to the exchange of electronic data during course of litigation went into effect on December 1, 2006.
  • Employment Law Update - November 2006
    National Labor Relations Board's Recent Decision May Mean More "Supervisors" for Hospitals and Other Employers
  • 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 - September 2006
    General Statement to Human Resources May Put Employer On Notice of Sexual Harassment By Co-Worker.
  • Employment Law Update - August 2006
    U.S. Supreme Court Expands Anti-Retaliation Provision of Title VII
  • Employment Law Update - June 2006
    Recent Decisions Highlight Importance Of Background Checks for Employers
  • Sexual Harassment

Events
Events
Education
Education
  • University of South Carolina, B.A., 1969
  • University of South Carolina, J.D., 1973
Bar & Court Admissions
Bar & Court Admissions
  • South Carolina
  • U.S. Court of Appeals, Fourth Circuit
  • U.S. Supreme Court
Civic & Professional Memberships
Civic & Professional Memberships
  • South Carolina Association for Justice
  • American Association for Justice
  • American Law Institute
  • Advisory Council of the Center for International Business Education and Research at the University of South Carolina
  • South Carolina Bar
  • American Bar Association
  • SC Women Lawyers Association
  • Richland County Bar Association
  • French
  • Italian
  • Spanish