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.

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 since 2008
• South Carolina Super Lawyer in Employment and Labor Law since 2009
• 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)

• Nexsen Pruet Attorneys Recognized By Peers; Twenty-Eight Named to 2013 Super Lawyers® List for South Carolina
  Nexsen Pruet is pleased to announce the attorneys who have been listed in the 2013 edition of South Carolina Super Lawyers®.
• Nexsen Pruet Helps Employers Comply as Health Care Law Deadlines Loom
  To help businesses comply with deadlines of the Patient Protection and Affordable Care Act (PPACA), Nexsen Pruet’s Employment and Labor Law group is hosting seminars on September 25th in South Carolina and on October 3rd in North Carolina.
• Nexsen Pruet Attorneys Named to the 2013 Edition of Best Lawyers in America®
  Nexsen Pruet attorneys have been named to the Best Lawyers in America® list for 2013.
• "Veterans' rights put compliance onus on former employers"
  Nexsen Pruet employment attorney, William Floyd, discusses with Business Insurance magazine, the challenges employers may face with USSERA law compliance and so many veterns returning to the workforce.
• Attorneys Recognized By Peers; Twenty-Four Named to 2012 Super Lawyers® List for South Carolina
  Nexsen Pruet is pleased to announce that twenty-four attorneys have been listed in the 2012 edition of South Carolina Super Lawyers®.
• "Social media in the workplace"
  Charleston's The Post and Courier features an article entitled "Social media in the workplace; Employers must balance the benefits and pitfalls of online interaction" following a webinar hosted by Nexsen Pruet attorneys David Dubberly and William Floyd.
• Webinar to Help Businesses Deal with Social Media
  Social media can benefit businesses, but Facebook, Twitter and other sites are leading to new challenges for those who manage and supervise employees. What can you do when a worker complains on a social media page? Can bosses mandate how workers behave on-line? Nexsen Pruet will update businesses on these issues…
• 62 Attorneys Named to the 2012 Edition of Best Lawyers®
  Nexsen Pruet is proud to announce that 62 of its attorneys have been named to the 2012 edition of Best Lawyers®.
• Nexsen Pruet Attorneys Recognized By Peers; Sixteen Named to 2011 Super Lawyers® List for South Carolina
  Nexsen Pruet is pleased to announce that sixteen attorneys have been listed in the 2011 edition of South Carolina Super Lawyers®. Those attorneys practice in firm’s Charleston, Columbia, Greenville and Myrtle Beach offices.
• Magazine Names Twelve Attorneys to “Legal Elite” List
  Twelve Nexsen Pruet attorneys have been listed in Greater Columbia Business Monthly's “Legal Elite” for 2010.
• "S.C. lawyers update businesses about revamped unemployment system"
  Nexsen Pruet attorney William Floyd speaks to South Carolina Lawyers Weekly for an article entitled "S.C. lawyers update businesses about revamped unemployment system."
• 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.

• 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.
• "Micro unions could create big problems"
  This article is featured in the May/June edition of South Carolina Business Magazine, a publication of the South Carolina Chamber of Commerce.
• 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 - October 2010
  This edition focuses on a recent lawsuit brought by the EEOC on behalf of an applicant who claims his employer discriminated against him because of his religion in violation of federal law. The applicant requested the employer make an exception to its grooming policy for religious reasons. The article also mentions steps employers can take to minimize the risk of religious discrimination claims.
• 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.
• Employment Law Update - September 2010
  The U.S. Supreme Court continues to issue rulings favorable to arbitration agreements in the employment setting.
• 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

• Patient Protection and Affordable Care Act: Employment Law Quarterly Breakfast Briefing
• Sexual Harassment - Survival Tips and Myths: Employment Law Quarterly Breakfast Briefing
• The Latest Labor and Employment Law Developments: An Update for Human Resources and Business Professionals
• Employee Facebook Complaints and Social Media Policies Webinar
• 17th Annual South Carolina SHRM State Conference
• Manufacturer of the Year Awards Luncheon
• Employment Law Quarterly Breakfast Briefing
• South Carolina SHRM 2010 State Conference & Exposition
• 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