Employee Benefits Guidance and Litigation PublicationsEmployment Law Update: Romance in the Workplace: You, Me and our Employer?
February 10, 2012
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
February 6, 2012
On January 3, 2012, the National Labor Relations Board (NLRB) ruled that a class action waiver in a mandatory employment arbitration agreement is illegal.
"The ADA Amendments Act of 2008: Practical Implications for Employers in 2012 and Beyond"
Lawrence D. Smith and Molly Hughes Cherry
IADC's Defense Counsel Journal; Vol.79, No. 1  January 2012
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
January 20, 2012
A redesigned federal document is leading to confusion as businesses try to comply with the I-9 requirement.
Employment Law Update - January 2012
January 5, 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
December 27, 2011
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
December 14, 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
November 18, 2011
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
November 9, 2011
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
October 12, 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
September 16, 2011
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
David Dubberly
MidlandsBiz.com August 17, 2011
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
August 11, 2011
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
July 29, 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
June 28, 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
June 9, 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
May 13, 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.
New Regulations, New Requirements for Employers
David Dubberly
April 27, 2011
Nexsen Pruet's Employment and Labor Law team's Quarterly Breakfast Briefings help businesses cut through the red tape by providing information about how, during the past two years, the Federal Government has issued many new regulations directly impacting the workplace.
Employment Law Update - April 2011
March 31, 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
March 7, 2011
A new U.S. Supreme Court decision allows third-party retaliation claims under Title VII.
Employment Law Update - February 2011
February 15, 2011
This edition reviews inclement weather wage and hour issues.
Employment Law Update - January 2011
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
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
November 2010
This edition addresses the enforceability of non-competition agreements in the Carolinas.
Employment Law Update - October 2010
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
September 21, 2010
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.
Get Ready for New Guests: Federal Auditors to Come Calling
Grainger Pierce
September 2010
Following a substantial increase in funding and a mandate to increase its enforcement activities, the United States Department of Labor (DOL) is planning to audit hotels, motels, and resorts across the country beginning on October 1, 2010.
Employment Law Update - September 2010
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
August 30, 2010
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
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
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
May 11, 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
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
March 29, 2010
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
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
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.
How Immigration Laws Impact Your Construction Clients
David J. Garrett Raleigh, NC
February 2010
The construction industry is in the forefront of worksite immigration enforcement efforts by various governmental agencies, including Federal agencies and in some cases by state and local governments. This article begins with a discussion of the new climate of enforcement in which
construction lawyers need to understand how their clients operate.
Employment Law Update - January 2010
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
December 2009
This edition addresses employment law issues arising from employee and employer use of online social networking sites.
Employment and Labor Law: 2009 Rewind
David Dubberly, Cherie Blackburn, Grainger Pierce
December 1, 2009
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
A Multimillion Dollar Problem: Challenges for S.C.’s Unemployment Compensation System
South Carolina Business November 30, 2009
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
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
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
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
June 25, 2009
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
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
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
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
February 26, 2009
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
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
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
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
November 2008
The EEOC has published new guidelines on religious discrimination.
Proposed Amendments to the FMLA Regulations will affect Physicians
Greensboro
October 8, 2008
The U.S. Department of Labor has proposed amendments to the Family and Medical Leave Act (FMLA) regulations, some of which will impact physicians.
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 - 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
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 - 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 - 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
Export Contracts
David A. Dubberly
Legal Aspects of Export Transactions
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"
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
Employment Law Update - March 2004
March 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"
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