HSB Blog

Damico & Public Policy: Mandatory Arbitration Clause Found Unenforceable and Court Declines to Sever

November 21, 2022

The South Carolina Supreme Court recently assessed the enforceability of an arbitration provision in contracts for the construction and sale of homes, and much of the Court’s analysis appears to hinge on consumer-protection considerations. See Damico v. Lennar Carolinas, LLC, Op. No. 28114 (S.C. Sup. Ct. filed Sept. 14, 2022) (Howard Adv. Sh. No. 33 at 87). This article briefly outlines only some of the key subjects addressed by the Court in Damico but highlights the significance the Court has placed on public policy considerations and the possible impact on future drafting and enforcement of arbitration provisions to observe this Damico standard. 

Whose Lane Is It Anyway? The Case for a Statutory Scheme of Road Dedication in South Carolina

November 11, 2022

Attorneys of a certain age may fondly remember watching a particularly absurd ABC Family comedy game show in the late ‘90s and early ‘00s. Anchored by host Drew Carey (the real Drew Carey, not the svelte, bespectacled hipster who now tells you to get your pets spayed and neutered on The Price is Right) and his signature tagline “Where the rules are made up, and the points don’t matter!”, Whose Line Is It Anyway was a staple on the boxy living-room TVs of my youth.

Newly Proposed Independent Contractor Test under FLSA; Extended Comment Period

November 07, 2022

The Department of Labor (DOL) has extended the public comment period on its newly proposed test to determine whether a worker is an employee or independent contractor under the Fair Labor Standards Act (FLSA). If adopted, the proposed rule would rescind a prior rule published on January 7, 2021 (2021 IC Rule). Importantly, the new test would only apply to classifying workers under the FLSA. Different tests apply for determining employee status under, for instance, the Internal Revenue Code, Title VII and state employment laws.

The $27.3 Million Tax Cut Nobody Knows About

November 03, 2022

If you are a farmer, congrats, you are one of the chosen few whose property taxes likely have significantly dropped this year. That is because toward the end of this past Session and without much fanfare, the South Carolina General Assembly passed House Bill 5134 (hereinafter “Bill”), which added an ad valorem tax exemption for farmers in this State for the following:

Notice to Employers: EEOC Requires Employers to Remove “EEO is the Law” Poster, Replace it with Revised “Know Your Rights” Poster

October 21, 2022

The Equal Employment Opportunity Commission (EEOC) issued a revised “Know Your Rights: Workplace Discrimination is Illegal” Poster on October 20, 2022, replacing its previous “EEO is the Law” Poster, which must be posted by all employers immediately.

HSB Webinar Announcement: What Employers Need to Know About ADA Compliance and Technology

October 06, 2022

In recognition of National Disability Employment Awareness Month, Haynsworth Sinkler Boyd will focus our October employment law webinar on Americans with Disabilities Act (ADA) compliance related to technology used in hiring and the workplace.

HSB Webinar Announcement: Employment Contracts – Considerations for Employers

September 01, 2022

Join Haynsworth Sinkler Boyd’s Perry MacLennan on September 29, from 12-1 PM, for our next employment law webinar covering employment contracts.

Facebook Messenger & The FMLA

August 30, 2022

The Fourth Circuit Court of Appeals (which governs South Carolina) wrote in a recent case (called Roberts here) that an employee’s message to his supervisor over Facebook messenger might be enough to put the Company on notice of the need for FMLA leave. So, the Company in question may have violated the FMLA when it terminated the employee who didn’t return to work and didn’t follow the call-in procedures. A link to the decision can be found here.

Unionization in SC by the Numbers

August 01, 2022

By: Paul Clowes, 2022 Summer Law Clerk and Chris Gantt-Sorenson
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