Molly Hughes Cherry

Member
Charleston, South Carolina
Myrtle Beach, South Carolina
(T) 843.577.9440 (Charleston); 843.213.5405 (MB)
(F) 843.414.8209
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Practices
Practices

Molly Hughes Cherry practices in the litigation and in the employment and labor groups.

Mrs. Cherry received her undergraduate degree, magna cum laude, in Government and Spanish from Wofford College where she was a member of Phi Beta Kappa.

Mrs. Cherry graduated cum laude from the University of South Carolina School of Law, where she was a member of the South Carolina Law Review, the Order of the Wig and Robe, the Order of the Barristers, the ABA Moot Court Team, and the John Belton O'Neall Inn of Court.

Career Highlights
Career Highlights
  • Certified Specialist in Employment and Labor Law by the South Carolina Supreme Court
  • South Carolina Employment & Labor Law Specialization Advisory Board Member
  • Prior to joining Nexsen Pruet, Mrs. Cherry clerked for the Honorable David C. Norton of the United States District Court for the District of South Carolina, Charleston Division.
  • Best Lawyers in America, Labor & Employment Law since 2008
  • SC Bar Employment and Labor Law Section, President
  • Tort and Insurance Practices Section of the SC Bar, Council Member
  • USC Compleat Lawyer Silver Award
  • 2009 Leadership in Law Award
News
News

Publications
Publications
  • "The ADA Amendments Act of 2008: Practical Implications for Employers in 2012 and Beyond"
    Nexsen Pruet attorney Molly Hughes Cherry co-authored an article discussing the impact of amendments to the Americans with Disabilities Act for the International Association of Defense Counsel's Defense Counsel Journal.
  • 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.
  • "Liability Concerns For Employers in a Wired World" & "Tell your employees to park before texting"
    In early 2011, the Charleston Regional Business Journal published a two-part article written by Nexsen Pruet attorneys Molly Hughes Cherry and Jennie Cluverius.
  • 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.
  • The Carolinas Insurance Litigation Review
    This issue of the Carolinas Insurance Litigation Review includes:

    - "Challenging Policyholder Claims for Bad Faith and Punitive Damages" for North Carolina

    - "Combating Policyholder Bad Faith and Breach of the Covenant of Good Faith and Fair Dealing Claims" for South Carolina

  • 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.
  • 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.
  • 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.
  • 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."

  • LESSONS FROM BEIJING... How a Crisis Involving Substance Abuse Can Become an Opportunity
    Molly Hughes Cherry authored an article entitled "LESSONS FROM BEIJING... How a Crisis Involving Substance Abuse Can Become an Opportunity" for the May 2009 edition of South Carolina Lawyer magazine.
  • 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.
  • Wind Pool Expansion in South Carolina: One Year Later
    The January 2009 edition of South Carolina Business features an article written by Nexsen Pruet attorney Molly H. Cherry.
  • 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.
  • 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 - 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.
  • Lawyers as Employers- Part 1
    Lawyers as Employers: Hiring, Firing and Everything in Between.
  • Overview And Update On Wind Pool Expansion In South Carolina
    Earlier this year, South Carolina passed new legislation revising the system for providing windstorm insurance in the state. The new legislation is an effort to provide relief for some coastal home owners faced with exponentially increasing insurance premiums by impacting the private insurance market in such a way as to make insurance more affordable in the state.
  • Premises Liability: The Exposure Your Business May Have Overlooked
    Premises liability exposure arises in a variety of manners, from the slippery restaurant floor caused by food falling off the salad bar, to a wet floor at the bank’s entrance from the rain being tracked in by customers, to the attractive nuisance on a construction site created by building activities.
  • 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 & Labor Law Desk Reference For The Carolinas
  • 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 - 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
  • Employee Identify Theft: Employers Beware
    Learn more about employers' obligations and responsibilities under state and federal law.
  • Title III of the ADA: More than an Employment Statute
    July 26, 2000 marked the tenth anniversary of the Americans with Disabilities Act (ADA) of 1990, which was enacted to recognize and protect the civil rights of people with disabilities. To commemorate the anniversary the EEOC issued two major guidances and a status report....

Events
Events
 Education
Education
  • Wofford College, B.A., 1993
  • University of South Carolina, J.D., 1996
Bar & Court Admissions
Bar & Court Admissions
  • South Carolina
  • U.S. Court of Appeals, Fourth Circuit
  • U.S. District Court, District of South Carolina
Civic & Professional Memberships
Civic & Professional Memberships
  • South Carolina Women Lawyers' Association, Board of Directors
  • International Association of Defense Cousel (IADC) - Employment Law Committee, President
  • South Carolina Bar
  • SC Bar Employment and Labor Law Section, President
  • South Carolina Business One Stop (SCBOS), Business Advisory Board
  • Charleston County Bar Association
  • Trident Literacy Association, Board of Directors
  • Tri-County Human Resources Management Association, Board of Directors
  • Wofford Alumni Executive Council, President
  • SC Bar Judicial Qualifications Committee, Committee Member
  • Spanish