 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
- 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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