 Practices
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James A. "Jimmy" Byars is an associate in the Employment and Labor Law Group.
Mr. Byars has experience assisting clients in a broad array of employment and labor matters, including those involving:
- Employee theft of trade secrets
- Enforcement of restrictive covenants, such as covenants not to compete, non-solicitation agreements, and confidentiality agreements
- Employment discrimination pursuant to Title VII, the ADA, and the ADEA
- Wage claims pursuant to the FLSA and the SC Payment of Wages Act
- ERISA litigation
- Administrative investigations and enforcement pursuant to OSHA and the NLRA
- State unemployment insurance tax appeals
- Development and implementation of employment policies and employee handbooks
In 2007, Mr. Byars earned his B.A. degree, summa cum laude, in Criminal Justice from The Citadel, where he was a Summerall Guard and a member of the Honor Committee. In 2010, he earned his Juris Doctor degree from Wake Forest University School of Law, where he was a member of the National Moot Court team and served as Counsel for the Respondent on the Honor Council.
A native of Columbia, Mr. Byars worked for Nexsen Pruet as a courier and as a law clerk before joining the firm as an attorney.
 Career Highlights
- Recipient of CALI Awards in Employment Discrimination, Workers' Compensation, Civil Procedure II and Legal Research and Writing I & II
- Finalist, 2008 George K. Walker Moot Court Competition
- Semifinalist, 2008 Edwin Stanley Moot Court Competition
- Semifinalist, 2009 Stetson International/Environmental Moot Court Competition
 News
 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 - Employers Beware: NLRB Challenges Established HR Practices
The National Labor Relations Board (NLRB) has issued a number of recent opinions questioning and, in some instances, invalidating common employer practices and policies on the grounds of protecting employee rights under Section 7 of the National Labor Relations Act (NLRA). The impact of these decisions on handbook disclaimers and investigative procedures is addressed below.
- 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 - 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.
 Events
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 Education
- The Citadel, B.A., 2007
- Wake Forest University School of Law, J.D., 2010
 Bar & Court Admissions
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