David Dubberly

Member
Columbia, South Carolina
(T) 803.771.8900 (M) 803.315.1850
(F) 803.727.1429
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Practices
Practices

Industries
Industries

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 helps companies with compliance, defense of government investigations, litigation, and mediation/arbitration.

In the employment area, he has extensive experience with trade secret/non-compete, whistleblower, OSHA, discrimination/harassment/retaliation, wage and hour, employment contract, immigration, and employee benefits cases.  He also has extensive experience drafting employment and severance and related agreements.

In the international area, he has extensive experience with negotiating sales, supply, design, manufacturing, joint venture, distribution, agency, licensing, and related agreements, and with handling cases related to international commercial agreements.

Career Highlights
Career Highlights
  • 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" since 2009
  • Certified by the South Carolina Supreme Court as a Specialist in Employment and Labor Law since 1993
  • Chair, South Carolina Supreme Court's Employment and Labor Law Specialization Advisory Board (2011; Member, 1995-1998 and 2005-2010)
  • 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, Central SC Alliance's Committee of 100 Board of Directors (1996-1999, 2011-)
  • Member, Columbia Urban League Board of Directors (1987-1993)
News
News

Publications
Publications
  • 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.
  • Despite Lawsuit, Immigration Enforcement Set to Resume in S.C.
    Regardless of what happens with a recently filed lawsuit, state regulators plan to begin enforcement of employment law provisions that take effect New Year’s Day....
  • 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.
  • On the Hook: Company Owners and Managers At Personal Risk for Unpaid Employee Wages
    If a company does not timely pay all wages due to an employee, the South Carolina Payment of Wages Act (SCPWA) allows the employee to file a lawsuit for three times the amount of unpaid wages, plus court costs and attorneys fees. The lawsuit for unpaid wages can be filed not only against the company, but also against agents and officers who permit the company to violate the SCPWA.
  • 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.
  • Looking to hire? Be careful with non-compete deals
    This article was featured on MidlandsBiz.com in May of 2011.
  • International Law Update
    Appeals court says international contract requires litigation in England.
  • 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.
  • "Legal Aspects of Distribution Agreements in Colombia"
    On January 31, Nexsen Pruet attorney David Dubberly spoke to a group of SC and NC companies that are considering participating in a U.S. Department of Commerce-sponsored trade mission to Colombia. Dubberly's topic was "Legal Aspects of Distribution Agreements in Colombia."
  • 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.
  • "Small businesses beware: S.C.'s illegal immigration crackdown enters new phase"
  • 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.
  • 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.

Events
Events
 Education
Education
  • Bob Jones University, B.A., 1981
  • University of South Carolina, J.D., 1984
Bar & Court Admissions
Bar & Court Admissions
  • South Carolina all state and federal courts
  • U.S. Court of International Trade
  • U.S. Courts of Appeals for the Fourth, Sixth, and Federal Circuits
Civic & Professional Memberships
Civic & Professional Memberships
  • American Bar Association
  • Greater Columbia Chamber of Commerce, Committee of 100
  • Columbia Urban League
  • Leadership South Carolina Alumni Association
  • Leadership Columbia Alumni Association
  • Midlands International Trade Association
  • South Carolina District Export Council
  • Spanish