Employment & Labor Law PublicationsEmployment Law Update - May 2008
May 2008
This edition provides tips to help employers evaluate employment practices liability insurance policies.
2 Videos About Employment Issues
April 5, 2008
Employment Law Update - April 2008
April 2008
This edition analyzes an important court ruling relating to the drafting, interpretation, and enforcement of invention assignment clauses in employment agreements.
Employment Law Update - March 2008
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
February 2008
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
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
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
December 11, 2007
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.
Are We Worthy?
John F. Emerson
The SciTech Lawyer  December 2007
As law firms become accustomed to handling more and more electronically stored information (ESI), many are discovering, if their clients have not already done so, that the security of their document husbandry is sometimes light years behind that of their clients.
Employment Law Update - December 2007
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 - September 2007
September 2007
This edition analyzes a recent court decision that clarified how to apply the standard for summary judgment to claims alleging intentional infliction of emotional distress.
Employment Law Update - Special Employee Handbook Edition
July 18, 2007
Under recent case law, policies about common workplace issues such as confidentiality, complaints, solicitation, and fraternization may violate employee rights protected by the National Labor Relations Act (NLRA) - regardless of whether the employees belong to a union.
Employment Law Update - July 2007
July 2007
On May 29, 2007, the U.S. Supreme Court ruled that Title VII of the Civil Rights Act of 1964 limits the damages an employee can recover when isolated discriminatory acts from the distant past result in disparity in the employee's current level of pay.
On July 25, 2007, Governor Sanford signed a bill that makes a number of changes to South Carolina workers' compensation system. Most of the changes apply to claims for injuries occurring on or after July 1, 2007.
Employment Law Update - June 2007
June 2007
On April 10, 2007, the IRS issued its final regulations interpreting the nonqualified deferred compensation requirements of Internal Revenue Code Section 409A. The 400 pages of regulations take effect on January 1, 2008. Employers should begin to plan for compliance by year-end because all plans and arrangements subject to Section 409A must be in full documentary and operational compliance by December 31, 2007.
Also, on May 25, 2007, President Bush signed legislation raising the federal minimum wage from the current $5.15 an hour to $5.85 an hour effective July 24, 2007; to $6.55 an hour effective July 24, 2008; and to $7.25 an hour effective July 24, 2009. This is the first increase in the federal minimum wage in ten years.
Don't Let Company Wellness Programs Throw HIPAA Out
Suzanne Guitar Odom
South Carolina Business June 1, 2007
Wellness programs appear to be the wave of the future. More and more companies are adopting wellness programs to control rising health care cost for their employees.
Employment Law Update - May 2007
May 2007
A plaintiff must ordinarily demonstrate replacement by someone outside his or her protected class to establish a prima facie case of employment discrimination. In Lettieri v. Equant, Inc., 478 F.3d 640 ) 4th Cir. 2007), however, the Fourth Circuit Court of Appeals recently recognized an exception to this requirement when the termination and replacement decisions were made by different people.
Employment Law Update - April 2007
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
March 2007
With the political shift in Congress, several important labor or employment laws may change significantly.
Employment Law Update - February 2007
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 & Labor Law Desk Reference For The Carolinas
Employment & Labor Law Practice Group
February 2007
Employment Law Update - January 2007
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 - December 2006
December 2006
Now is the time for employers to make their holiday lists and check them twice. While it is the season to be jolly, it is also a time of year when employers face additional employment law concerns that arise from events unique to the holidays, including the company party and requests for time off. But with some advance planning, employers can start the new year on the right note.
Employment Law Update - November 2006
November 10, 2006
National Labor Relations Board's Recent Decision May Mean More "Supervisors" for Hospitals and Other Employers
How to Deal With Identity Theft: A Creeping Threat to Employers
John Emerson
October 17, 2006
It is no longer just a problem for financial institutions, credit entities and other companies whose business it is to store personal data about thousands or millions of people; employers, too, now face the risk of liability when the personal data of their employees falls into the wrong hands.
Employment Law Update - October 2006
October 12, 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
September 14, 2006
General Statement to Human Resources May Put Employer On Notice of Sexual Harassment By Co-Worker.
Employment Law Update - August 2006
August 7, 2006
U.S. Supreme Court Expands Anti-Retaliation Provision of Title VII
Unemployment Compensation in South Carolina
Co-Authored by David Dubberly, Susie McWilliams, Angus Macaulay, Molly Hughes, Melissa Azallion, Nikole Mergo, John Emerson, James Leventis and Sue Odom
July 28, 2006
New for 2006! A detailed guide to one of the most complicated and confusing areas of employment law – unemployment compensation.
Employment Law Update - July 2006
July 11, 2006
Fourth Circuit Holds Employee Has No Automatic Right To Job Restoration Following FMLA Leave
Employment Law Update - June 2006
June 15, 2006
Recent Decisions Highlight Importance Of Background Checks for Employers
Employment Law Update - May 2006
May 11, 2006
Worker Adjustment and Retraining Notification ("WARN") Act Liability And Entrepreneurial Companies
The Electronic Workplace: Blogs, Cybersmears and Similar Challenges
William H. Floyd III and James T. Hedgepath
South Carolina Lawyer May 2006
William Floyd of the Columbia office and Jamie Hedgepath of the Greenville office authored this article on the impact of technology on employers, employees, information security and privacy for the May 2006 issue of South Carolina Lawyer.
Employment Law Update - April 2006
April 12, 2006
Fourth Circuit's ruling on reservation of rights clause highlights need for employers to review, analyze, and understand obligations under insurance policies
FMLA Regs Update
John Emerson Columbia
Spring 2006 issue of "Employment & Labor Law," a newsletter for the South Carolina Bar's Employment and Labor Law Section April 2006
John Emerson's article on Family and Medical Leave Act regulations appeared in the Spring 2006 issue of "Employment & Labor Law," a newsletter for the South Carolina Bar's Employment and Labor Law Section
Employment Law Update - March 2006
March 8, 2006
Immigration Law Reform: What It Will Mean To Employers in South And North Carolina
Employment Law Update - February 2006
January 23, 2006
New military leave regulations clarify National Guard and Reserve obligations
Employment Law Update - December 2005
December 12, 2005
U.S. Supreme Court Rules Employees Must Be Paid For Some Walking And Waiting Time In Connection With Putting On And Taking Off Protective Gear; North Carolina Alert: Wage & Hour Act Amended
Employment Law Update - November 2005
November 14, 2005
New South Carolina Unemployment Compensation Legislation Requires Specific Drug Testing Procedures; North Carolina Law Requires Similar Procedures
Employment Law Update - October 2005
October 1, 2005
Hurricane-Related Tax Breaks and Exemptions for Employers
Employment Law Update - September 2005
September 2005
"Private Releases of FMLA Claims Rejected" and "Benefits Alert - New HIPAA Compliance Requirements for Group Health Plans"
Employee Identify Theft: Employers Beware
Molly Hughes
riskVue.com September 2005
Learn more about employers' obligations and responsibilities under state and federal law.
Employment Law Update - August 2005
August 2005
"North and South Carolina Supreme Courts Bolster Employment-At-Will Doctrine"
Employment Law Update - July 2005
July 1, 2005
Learn what a Blog is, who Blogs and what happens when Blogs go awry. Also, learn about managing the electronic workforce and developing an electronic communications policy.
Export Contracts
David A. Dubberly
Legal Aspects of Export Transactions
Employment Law Update - May 2005
May 2005
"Camera Phones Are Here ... Is Your Company Ready?" and "ERISA Compliance Alert: After-Tax Roth 401(k) Accounts Available in 2006"
Employment Law Update - April 2005
April 2005
"Whistlebower Wins Reinstatement And Money Damages"
Employment Law Update - March 2005
March 2005
"DOL Offers Guidance on Several FLSA Provisions" and "Benefits Alert: USERRA Amendments Extend Continuation Coverage And Require New Notice To Employees"
Employment Law Update - February 2005
February 2005
"DOL Revises Child Labor Regulations" and "North Carolina Employer Alert - Protective Orders Now Available To Fight Workplace Violence"
Will the new ergonomics standard effect your business?
John Davidson and Leon Harmon
WC Legislation - What's in it for You?
Sam Painter
Risk and Insurance Management Society, Inc. 2005
Recent Supreme Court Decisions Favor Employers
Susan P. McWilliams
Introduction to the Argentine Legal System
David E. Dubberly and Andrew Markus
Doing Business in Argentina
Foreign Investors Face Few Restrictions in the U.S. - Part II
David Dubberly
Employment Law Update - January 2005
January 2005
"Recent Business Immigration Law Changes"
Employment Law Update - November 2004
November 2004
"DOL's Sample Salary Basis Policy and Other Issues Under the New Overtime Pay Rules" and "Benefits Alert - Congress Enacts New Tax Rules For Nonqualified Deferred Compensation Agreements"
Employment Law Update - October 2004
October 2004
Employment Law Update - September 2004
September 2004
"Obligations To Employees On Military Leave" and "Immigration Alert: Dealing with the H-1B Cap"
Employment Law Update - August 2004
August 2004
"Non-Union Employees No Longer Entitled to Representation During Investigatory Interview" and "ERISA Compliance Alert: New Annuity Notice Requirements For Retirement Plans"
Employment Law Update - May 2004
May 2004
The U.S. Department of Labor (DOL) published final regulations revising the "white collar" overtime pay exemptions of the Fair Labor Standards Act (FLSA).
Employment Law Update - April 2004
April 2004
Legislature addresses employee handbooks
William H. Floyd, III
South Carolina Business Journal March 1, 2004
Employment Law Update - March 2004
March 2004
The Next Big Challenge In Employment Law?
Reggie Belcher and William Floyd
SC Lawyers Weekly
The New South Carolina Employee Handbook Law: Frequently Asked Questions
David E. Dubberly and James C. Leventis
2004
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.
Temporary Employees and Unionization: NLRB Returns to Certainty by Requiring Employer Consent
William H. Floyd, III
SC Lawyers Weekly 2004
Legal issues and liabilities relating to temporary employees.
Overtime Pay Rules Revised
David E. Dubberly and Nikole Setzler Mergo
2004
Employment Law Update - December 2004
November 2003
"Managing The Holidays"
Employment Law Update - June 2004
June 2003
"The New South Carolina Employee Handbook Law: Frequently Asked Questions" and "COBRA Compliance Alert - Final COBRA Notice Regulations Issued By DOL"
Foreign Investors Face Few Restrictions in the U.S. - Part I
David Dubberly
Employment and Labor Law Alert - January 2003
David E. Dubberly
January 1, 2003
Time magazine's selection of three whistleblowers as Persons of the Year for 2002 illustrates the extent to which employee allegations of employer misconduct have dominated the news in recent months.
Employee Handbooks in South Carolina - To Have or Not to Have?
Melissa L. Azallion
January 1, 2003
Employee handbooks are commonplace in most work environments today. Two recent South Carolina Court decisions have whittled down the "employment at-will" doctrine leaving employers to ponder the following questions: Should an employer have an employee handbook?
Employment and Labor Law Alert - November 2002
David E. Dubberly
November 1, 2002
This issue addresses holiday parties
and reminds employers they face potential liability for harm caused by employees who become intoxicated during the festivities.
Employment and Labor Law Alert - August 2002
David E. Dubberly
August 1, 2002
In the aftermath of Arthur Andersen's conviction for destroying documents related to its audit of the Enron Corporation, employers should make sure they are complying with the record retention requirements of employment and labor laws.
S.C. Workers' Compensation Appellate Decisions 3/9/00 to 3/26/01
Sam Painter
South Carolina Workers' Compensation Casebook [7th Edition. 2002] 2002
Employment and Labor Law Alert - March 2002
David E. Dubberly
March 1, 2002
The latest South Carolina employee handbook case points out the danger of using promissory language in discipline policies.
Employment and Labor Law Alert - February 2002
David E. Dubberly
February 1, 2002
On January 8, 2002, in Toyota Motor Manufacturing, Kentucky, Inc. v. Williams, the Court restricted the definition of disability under the Americans with Disabilities Act (ADA). One week later, on January 15, 2002, in EEOC v. Waffle House, Inc., the Court ruled that an arbitration agreement between an employer and an employee does not prevent the Equal Employment Opportunity Commission (EEOC) from pursuing victim-specific judicial relief on behalf of the employee.
New Trade Law is Big Boost for Carolinas Economy
David E. Dubberly
Employment and Labor Law Alert - January 2002
David E. Dubberly
January 1, 2002
This issue addresses a pressing concern for human resources managers--how to address issues raised by the growing Hispanic workforce.
Employment and Labor Law Alert - October 2001
David E. Dubberly
October 1, 2001
Employer obligations to reservists and national guard personnel.
Flu can be "Serious Medical Condition" under FMLA
David E. Dubberly
South Carolina Business Journal July 1, 2001
Employment and Labor Law Alert - July 2001
David E. Dubberly
July 1, 2001
Summaries of new court decisions affecting the way employers do business in the Carolinas.
Using Arbitration Clauses in Employment Agreements
David E. Dubberly
Greater Columbia Business Monthly June 2001
Title III of the ADA: More than an Employment Statute
Molly Hughes
January/February 2001 issue of South Carolina Lawyer. January 2001
S.C. Workers' Compensation Appellate Decisions 3/8/99 to 3/8/00
Sam Painter
South Carolina Workers' Compensation Casebook [6th Edition. 2000] 2001
Special Problems Relating to National Origin Discrimination
David E. Dubberly
From Labor and Employment Law for South Carolina Lawyers, Vol. II March 21, 2000
Know the Visa Requirements Before Sending Personnel To Mexico
David E. Dubberly
Greater Columbia Business Monthly June 1999
Structuring and Managing Contingent Worker Arrangements
David E. Dubberly
South Carolina Lawyer January 1999
Non-Compete Agreements Protect Competitive Edge, Too
David E. Dubberly
South Carolina Business Journal, December 1998
Non-Disclosure Agreements Protect Competitive Edge
David E. Dubberly
South Carolina Business Journal August 1998
Sexual Harassment
Vickie Eslinger
From the Law Journal, An Executive's Guide to the Law - A special supplement to the Charleston Regional Business Journal 1998
Liability from Employee Discharge
Thomas L. Stephenson
From the Law Journal, An Executive's Guide to the Law - A special supplement to the Charleston Regional Business Journal 1998
Is Your Company Competing Globally from South Carolina
David E. Dubberly
South Carolina Business Journal September 1997
When Giving Your Rep the Boot
David Dubberly
Export Today May 1996
Mexico's Labor Law: A Critical Business Issue
David E. Dubberly
Bobbin "Doing Business in Latin America" Supplement 1996
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