David Dubberly

David E. Dubberly chairs the Firm’s Employment and Labor Law Practice Group; he also co-chairs the Firm's International Law Team.

Mr. Dubberly represents companies in employment-related litigation and in investigations by the U.S. Department of Labor's Wage and Hour Division, the Department's Occupational Safety and Health Administration, the U.S. Equal Employment Opportunity Commission, and similar state agencies.

He 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.  He also has extensive experience drafting executive employment and severance agreements.

In addition, Mr. Dubberly helps clients negotiate international sales, supply, joint venture, distribution, and licensing agreements, and set up sales offices and distribution centers in the U.S. and in other countries.  He also represents clients in litigation and arbitration involving international business disputes.

• Listed in "Chambers USA: America's Leading Business Lawyers" since 2004
• Listed in "The Best Lawyers in America" since 2006
• Listed in "South Carolina Super Lawyers" since 2008
• Listed in "Super Lawyers Corporate Counsel Edition" 2009
• Certified by the South Carolina Supreme Court as a Specialist in Employment and Labor Law since 1993
• South Carolina Supreme Court's Employment and Labor Law Specialization Advisory Board (Member, 1995-1998, 2005-2008; Chair, 2009-)
• Co-Chair, American Bar Association's International Law Section Employment Law Committee (2004-2005)
• Chair, American Bar Association's International Law Section Foreign Investment in the U.S. Committee (2001-2004)
• Chair, South Carolina Bar's Employment and Labor Law Section (1992-1993)
• Chair, South Carolina Bar's International Law Committee (1998-2001)
• Member, Columbia Urban League Board of Directors (1987-1993)

• COBRA Subsidy Extended and Expanded
  On December 19, 2009, President Obama signed into law the Department of Defense Appropriations Act, 2010 (2010 DOD Act), part of which extends and expands the program that subsidizes continued health care coverage under COBRA for certain involuntarily terminated employees.
• Nexsen Pruet Earns Designation as 'Midlands Green Business'
  Nexsen Pruet has earned designation as a Midlands Green Business, joining other Columbia-area organizations that are committed to environmentally responsible practices in the workplace.
• "Employers reconcile over immigration status audits"
  South Carolina Lawyers Weekly interviewed Nexsen Pruet employment and labor law attorney David Dubberly after employers and the S.C. Department of Labor, Licensing and Regulation reach an agreement about immigration audits.
• "State simplifies immigration audit process"
  The Charleston Regional Business Journal features as article entitled “State simplifies immigration audit process.” The article quotes Nexsen Pruet employment and labor law attorney David Dubberly.
• Client Alert: SC Immigration Inspection Update
  Nexsen Pruet recently conducted an Immigration Compliance and Enforcement webinar. During the webinar we stated that the South Carolina Chamber of Commerce ("Chamber") had helped resolve two of the main concerns raised by the way the South Carolina Department of Labor, Licensing, and Regulation ("LLR") had been carrying out immigration inspections to enforce the South Carolina Illegal Immigration Reform Act...
• Employment Law Alert: Court Upholds Rule Requiring Federal Contractors to Use E-Verify
  Removing what is likely the last hurdle to implementation, last week a U.S. District Court dismissed a lawsuit challenging implementation of the E-Verify Rule for federal contractors.
• "Immigration audits concern businesses"
  Nexsen Pruet attorney David Dubberly is interviewed for a Charleston Regional Business Journal article entitled "Immigration audits concern businesses."
• 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®.
• Employment Law Alert - South Carolina Immigration Inspections: Is LLR Going too Far?
  Is the South Carolina Department of Labor, Licensing and Regulation (LLR) going to far when checking to see if businesses are in compliance with the South Carolina Illegal Immigration Reform Act (the Act)?
• Nexsen Pruet: Only Law Firm Listed for North and South Carolina in "Trade Allies" Directory
  The new edition of Southern Business & Development magazine features the "1st Annual Trade Allies Directory." Nexsen Pruet is the only law firm listed in both North and South Carolina.
• Client Alert - South Carolina Illegal Immigration Reform Act
  Starting today, 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.
• 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.
• David Dubberly Speaks at International Trade Conference
  

  Nexsen Pruet attorney David Dubberly spoke today at the 36th Annual South Carolina International Trade Conference in Charleston. Dubberly led a seminar entitled “International Contracting and Dispute Resolution.”

• 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®.
• David Dubberly Recognized in Super Lawyers® Corporate Counsel Edition; Only S.C. Attorney in International Law Category
  Nexsen Pruet attorney David Dubberly has been selected as the only South Carolina attorney for inclusion in Super Lawyers® Corporate Counsel Edition in the practice area of international law.
• Nexsen Pruet Video Featured on Website
  The Employment Law Information Network features Nexsen Pruet on its website.
• 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: How Will the 2008 Election Impact You and Your Business?
  With the election of Senator Barack Obama as President, and the Democratic Party gaining seats in the House of Representatives and the Senate, employers can expect that efforts will be made to significantly change employment and labor laws and regulations over the next several months.
• Nexsen Pruet to Host Panel Discussion on Doing Business in Latin America
  Nexsen Pruet will host a luncheon and panel discussion entitled “Doing Business in a Changing Latin America: Trends, Challenges and Opportunities” on Friday, Oct. 24, at the Renaissance Charleston Hotel, 68 Meeting St.
• 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.

• 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.
• COBRA Subsidy Extended and Expanded
  On December 19, 2009, President Obama signed into law the Department of Defense Appropriations Act, 2010 (2010 DOD Act), part of which extends and expands the program that subsidizes continued health care coverage under COBRA for certain involuntarily terminated employees....
• Employment and Labor Law: 2009 Rewind
  As we approach the end of 2009, we look back, scratch our heads, and ask, "What Happened"?

  Topics covered include:

  • ADA protections expanded
  • Immigration requirements and inspections increased
  • Miltary leave broadened
  • EEO poster revised
  • Other important legal changes this year
• Employment Law Update - December 2009
  This edition addresses employment law issues arising from employee and employer use of online social networking sites.
• Managing the Holidays
  Employers who fail to consider holiday-related legal issues may end up having a blue Christmas. In addition to sugarplums, below are two issues to ponder as the holiday season approaches: the office party and holiday pay and time off.
• 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.
• Immigration Compliance and Enforcement Update
  U.S. Immigration and Customs Enforcement (ICE) and S.C. Department of Labor, Licensing and Regulation (LLR) inspectors are calling on employers daily to audit compliance with federal and state immigration requirements. And the mandatory E-Verify Rule for Federal Contractors is scheduled to go into effect on September 8, 2009. Are you ready?
• Employment Law Alert: Court Upholds Rule Requiring Federal Contractors to Use E-Verify
  Removing what is likely the last hurdle to implementation, last week a U.S. District Court dismissed a lawsuit challenging implementation of the E-Verify Rule for federal contractors.
• 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.
• International Contracting and Dispute Resolution
  Nexsen Pruet attorney David Dubberly spoke at the 36th Annual South Carolina International Trade Conference in Charleston on May 26th. Dubberly led a seminar entitled “International Contracting and Dispute Resolution.”
• 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 Special Immigration Edition
  This edition gives a status report on the Department of Homeland Security's rule, announced in August 2007, addressing what employers should do upon receipt of a "no-match" letter from the Social Security Administration. Implementation of the rule was recently enjoined by a federal judge, and DHS is working on a revised rule. The article goes on to provide pointers on what employers can do in response to no-match letters pending publication of the revised rule.
• 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 - 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 - February 2007
  In Ross v. Ligand Pharmaceuticals, Inc (Dec. 21, 2006), the South Carolina Court of Appeals ruled that an employer's incentive compensation plan violated the South Carolina Payment of Wages Act because the plan did not provide a date certain when incentive payments would be made.
• 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
• Unemployment Compensation in South Carolina
  New for 2006! A detailed guide to one of the most complicated and confusing areas of employment law – unemployment compensation.
• Employment Law Update - June 2006
  Recent Decisions Highlight Importance Of Background Checks for Employers
• The New South Carolina Employee Handbook Law: Frequently Asked Questions
  The new law specifies under what circumstances employee handbooks as well as personnel manuals, policies, and other documents may not be considered contracts of employment.

• Employment and Labor Law Webinar: 2009 Rewind
• Employment Law Quarterly Breakfast Briefings
• Webinar: Immigration Compliance & Enforcement Update
• Post-Election Update: Labor & Employment Issues
• Federal and State Immigration Worksite Enforcement
• Starting Off Right: Helpful Tips for Interviewing and Hiring
• Quarterly Employment Law Breakfast Briefing - January 2007: Protecting Your Company's Secrets
• Quarterly Employment Law Breakfast Briefing - October 2006: Immigration Law - Is Your Business in Compliance?
• Quarterly Employment Law Breakfast Briefing - ADA Update - May 2006
• Quarterly Employment Law Breakfast Briefing - January 2006