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Five USERRA Responsibilities Employers Should Know Regarding Soldiers in the Workplace

November 11, 2019

Veterans Day is a good time to refresh employers on the federal rights entitled to their employees who serve our country in the uniformed services. U.S. employees who take leave from their civilian jobs to serve in the armed services have certain reinstatement rights to their jobs under the Uniformed Services Employment and Reemployment Rights Act (USERRA).

Attracting and Retaining Good Employees in Today's Climate

September 20, 2019

BBC published an interesting article recently that challenges how many of us view work. Jill Duffy, in her article, “What wartime ‘munitionettes’ can teach us about burnout,” asserts continuous overworking hurts employees and employers because it leads to less productive employees in addition to making them vulnerable to a number of health issues. 

Can Background Checks be Conducted on Current Employees?

August 27, 2019

Most employers run background checks on prospective employees when hiring. Some employers have policies in place that allow them to conduct background checks on current employees. Below are several examples of instances in which employers may choose to do so:

How Will SCOTUS’ Upcoming Cases Affect Title VII?

June 20, 2019

The United States Supreme Court will decide three cases in October 2019 to determine if Title VII of the 1964 Civil Rights Act guarantees protections from workplace discrimination and harassment to employees on the basis of gender identity or sexual preference.

U.S. DOJ Settles Immigration-Related Discrimination Claim Against California Agricultural Company

June 04, 2019

The U.S. Department of Justice recently announced that it reached a settlement with an agricultural company located in California. The settlement concludes an investigation into whether the company discriminated against workers based on their legal status in violation of the Immigration and Nationality Act (INA).

EEOC Annual Report Offers Insight into Employment Discrimination Claims

April 30, 2019

The U.S. Equal Employment Opportunity Commission (EEOC) recently released its annual report of enforcement and litigation data for fiscal year 2018. The report provides a snapshot of employment discrimination law in the U.S. and often indicates trend lines, providing insight for employers on the breadth of employment discrimination claims.

Duty of Care Owed To Employee Subjected To Drug Testing

March 26, 2019

On March 20, 2019, the South Carolina Supreme Court recognized that a drug testing laboratory owes a duty of care to an employee who is subjected to drug testing in the employment context.

EEOC Issues Guidance on Submission Deadlines Impacted by Government Shutdown

February 19, 2019

As the longest government shutdown in history has come to an end, the U.S. Equal Employment Opportunity Commission recently released guidance for employers faced with upcoming EEO-1 submission deadlines and responding to charges of discrimination filed during the government shutdown.

When Social Media, Politics and the Workplace Collide

February 12, 2019

Nowadays we are constantly bombarded with news of events that arouse our political views. Social media both perpetuates these events and provides a platform for virtually anyone to express their social and political views. Political views are often visible to coworkers, including management and supervisors who have the discretion to make termination decisions. What difference might this make for South Carolina employers?

What Would the Lactation Support Act Mean for SC Employers?

January 29, 2019

We recently highlighted the “Act to Establish Pay Equity,” which was spearheaded by the SC Women’s Rights & Empowerment Network (WREN).

South Carolina’s Pay Equity Act the First of Its Kind

January 14, 2019

South Carolina’s Women’s Rights & Empowerment Network (WREN) spearheaded two pieces of legislation, a pay equity act and a lactation act, for the South Carolina 2019 Legislative Session. 

Key Takeaways from the Recent Overtime Rule Listening Sessions

November 28, 2018

The Wage and Hour Division of the U.S. Department of Labor (DOL) held public listening sessions on October 30, 2018 to gather views on the Part 541 white collar exemption regulations, the 2016 “Overtime Rule.”

Age Discrimination in the Workplace

August 07, 2018

It is no secret that more U.S. workers are electing to put off retirement and remain in the workforce longer. Given the current labor shortage (lowest unemployment rate in 18 years), this is great news for companies as retaining experienced workers decreases turnover cost and provides immeasurable value in other areas of corporate performance.

Utilizing Arbitration Agreements Effectively

July 25, 2018

Arbitration Agreement DocumentBy now, most, if not all, of you are familiar with the Supreme Court’s decision in Epic Systems Corp. v. Lewis, 138 S. Ct. 1612 (2018), which upheld the validity of waivers of FLSA collective actions in arbitration agreements.

Proposed Termination of International Entrepreneur Parole Program

June 20, 2018

The U.S. Department of Homeland Security (Department) recently issued a notice proposing to terminate the international entrepreneur parole program (IE Program) in accordance with Executive Order 13767, entitled Border Security and Immigration Enforcement Improvements, because the IE Program represents an overly broad interpretation of the Department’s parole authority, lacks sufficient protections for U.S. workers and investors, and is not the appropriate vehicle for attracting and retaining talented international entrepreneurs.

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Boyd B. Nicholson, Jr., Managing Director, Haynsworth Sinkler Boyd, P.A., ONE North Main, 2nd Floor, Greenville, SC 29601