William Floyd

William H. Floyd, III practices labor and employment law including employee benefits litigation.

Mr. Floyd has more than twenty years of experience counseling employers of all sizes regarding day-to-day as well as complex human resource issues.

Mr. Floyd's experience is broad-based and includes labor arbitrations, collective bargaining, unfair labor practice charges, union campaigns, employment discrimination claims, OSHA and ERISA-related cases.

For more than twenty years, Mr. Floyd has helped employers in multiple states and industries (e.g. automotive, heavy manufacturing, chemical, textile and health care)  remain union-free.  For unionized employers he has negotiated collective bargaining agreements, arbitrated contractual disputes, and advised companies how to re-gain their union-free status.

Advised clients related to:

• De-unionizing a manufacturer in the Carolinas
• Maintaining union free status for a major automotive related company
• Preventing unionization of a heavy industry manufacturer

Mr. Floyd litigates wrongful discharge, discrimination, employee benefits, non-competition covenants, and wage and hour disputes.

Representative Matters

• National ERISA counsel for a company with more than  80,000 employees 
• Successfully concluded FLSA matter involving more than 1000 employees
• Successfully defended numerous wrongful discharge and discrimination claims in multiple jurisdictions and states

Mr. Floyd excels at helping clients avoid costly legal problems through such things as strategic planning with management and interactive training with all supervisory levels.

Mr. Floyd received his B.A., magna cum laude, from Wofford College.

• Certified Arbitrator (SC)
• Certified Mediator (SC and USDSC)
• Certified Labor and Employment Specialist
• South Carolina Bar - Employment and Labor Law Section (Past Chairman)
• Best Lawyers in America, Labor & Employment Law
• Society for Human Resource Managers, Columbia Chapter (President, 2008-2009)
• Greenville Young Lawyers Association (Former President)
• Leadership Greenville - Class of 1997
• Leadership Columbia - Class of 1998
• Midlands Special Needs Foundation (Board of Directors)
• BSA Troop 221 (Committee Member)
• Adjunct Professor, U.S.C. School of Law (1999)

• Fifty-nine Attorneys Selected for Best Lawyers in America®; Five Practice Areas Listed Among Top in the Carolinas
  Nexsen Pruet is proud to announce that 59 of its attorneys have been named to the 2011 edition of Best Lawyers®.
• Nexsen Pruet Attorneys Recognized by Their Peers
  Nineteen Nexsen Pruet attorneys have been named to the 2010 list of South Carolina Super Lawyers®.
• SC Chamber of Commerce - "HR Minutes: Employment Security Commission"
  Each month, the South Carolina Chamber of Commerce produces an interview segment called "HR Minutes." For January 2010, the chamber's human resources director Tim Timmons spoke with Nexsen Pruet Employment and Labor Law attorney William Floyd about the Employment Security Commission (ESC).
• William Floyd on SC's Unemployment Debt
  Nexsen Pruet employment and labor law attorney William Floyd discusses problems in funding South Carolina's unemployment system with Mike Switzer on the South Carolina Business Review on SC ETV Radio.
• 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.
• 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®.
• 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®.
• Governor Appoints Floyd to Disabilities Council
  William Floyd III, an employment and labor attorney in Nexsen Pruet’s Columbia office, has joined The South Carolina Developmental Disabilities Council.
• "Q&A: Understanding S.C.’s unemployment system"
  Nexsen Pruet attorney William Floyd was interviewed for a "News Extra" in the Saturday, February 7th, edition of The State.
• 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.
• Election 2008: How Will the Outcome Impact You and Your Business?
  The election offered three outcomes, all of which could have had a significant impact on how the federal government operates for the next two years and on your business interests.
• 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.
• William Floyd joins S.C. Chamber of Commerce Board
  William Floyd III, an employment and labor attorney in Nexsen Pruet’s Columbia office, will serve on the 2008-2009 Board of Directors of the South Carolina Chamber of Commerce.
• 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.
• 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.

• 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.
• "What businesses should know about S.C. unemployment compensation system revisions"
  The South Carolina legislature has begun fixing the state’s broken unemployment compensation system.
• 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.
• A Multimillion Dollar Problem: Challenges for S.C.’s Unemployment Compensation System
  The November/December 2009 edition of South Carolina Business features "It's All About the Money." It is a "3-part series about the issues affecting business costs in South Carolina." Nexsen Pruet Employment and Labor Law attorney William Floyd authored the section entitled "A Multimillion Dollar Problem: Challenges for S.C.’s Unemployment Compensation System." South Carolina Business is a publication of the South Carolina Chamber of Commerce.
  

• 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 - 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 - 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 & Labor Law Desk Reference For The Carolinas

• Employment Law Quarterly Breakfast Briefing
• Employment Law Quarterly Breakfast Briefings
• Webinar: Immigration Compliance & Enforcement Update
• Post-Election Update: Labor & Employment Issues
• Leave or Left - FMLA and Unemployment Benefits
• How to Hire and Retain Individuals with Disabilities
• Sixth Annual CLE Ethics Seminar