Jennifer S. Cluverius

Associate
Columbia, South Carolina
(T) 803.540.2024
(F) 803.727.1458
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Practices
Practices

Jennifer S. Cluverius is an associate in the Columbia office and works with the firm’s employment and labor law practice group.

Ms. Cluverius' experience in employment and labor law includes representing management in federal and state court litigation regarding ADA, ADEA, ERISA, FLSA, FMLA, Title VII, breach of contract, wrongful termination claims, trade secret claims, unemployment claims, and worker’s compensation retaliation claims, as well as in union campaigns and labor-related disputes.  She has also assisted with preparation of OFCCP affirmative action compliance reviews.

Ms. Cluverius earned her undergraduate degree from Clemson University and her law degree from the University of South Carolina School of Law. She is a member of the South Carolina Bar, the Richland County Bar Association, the Spartanburg Bar Association and is admitted to practice before the U.S. District Court for the District of South Carolina.

While in law school, Ms. Cluverius received the CALI Award, formerly called the American Jurisprudence Award, in seven classes, including labor law, and was a member of the Order of the Coif and Order of the Wig and Robe.

Additionally, Ms. Cluverius serves on the Thompson Publishing Group’s FMLA Editorial Board, is a member of the South Carolina Women Lawyers' Association and volunteers as a judge for the South Carolina High School Mock Trial competitions. The matches are held by the South Carolina Bar’s Law Related Education Division, which is dedicated to teaching the community about law.  Ms. Cluverius is also a member of the Spartanburg Chamber and the Spartanburg Downtown Association, where she is a frequent speaker.

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.
  • Online Social Networking: A New Frontier in Employment Law
    Because of the popularity of internet sites such as Facebook, MySpace, Twitter, and LinkedIn, employee blogging, tweeting, and “friending” have become common occurrences. Unfortunately for employers, as this technology continues to develop and grow, so do related employment law issues.
  • 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 - May 2008
    This edition provides tips to help employers evaluate employment practices liability insurance policies.
  • 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.

Events
Events
Education
Education
  • Clemson Univeristy, B.A., summa cum laude, 2002
  • University of South Carolina School of Law, J.D., cum laude, 2006
Bar & Court Admissions
Bar & Court Admissions
  • South Carolina
  • US District Court for the District of South Carolina