Generic offer of employment with pen and glasses

South Carolina is an employment at will state. This means that, absent a written contract guaranteeing employment, employers are free to terminate employees at any time, without notice, for any reason (so long as that reason does not violate another law of course!). Conversely, employees are generally free to quit at any time without recourse.

So, most companies in South Carolina use the initial offer letter to convey the terms and conditions of an employee’s employment. The offer letter typically contains items such as job duties, hours, pay rate, and general benefits information. However, what is legally required to be provided? What are some optional items that should be considered?
Continue Reading Using Offer Letters Correctly

The 2018 federal appropriations bill signed into law on March 23rd includes an addition to the Fair Labor Standards Act (FLSA) stating that “[a]n employer may not keep tips received by its employees for any purposes, including allowing managers or supervisors to keep any portion of employees’ tips, regardless of whether or not the employer takes a tip credit.” The amendment also nullifies certain regulations issued by the Department of Labor in 2011, including regulations which prohibited an employer from using an employee’s tips as part of an invalid tip pool even where the employer was paying the employees the full minimum wage without utilizing a tip credit.
Continue Reading Congress Addresses Who Can Share Tips

President Trump issued an Executive Order yesterday which purports to suggest three avenues for offering health insurance at a decreased cost to small employers and consumers for the overall goal of reducing healthcare costs on the grounds that the Affordable
Continue Reading Can the President Nullify the Affordable Care Act by Issuing Executive Orders?

By now, employers are certainly well aware that on November 22, 2016, a federal judge in Texas issued a preliminary injunction that effectively prevented the implementation and enforcement of the new Department of Labor (“DOL”) regulations regarding the exemptions from
Continue Reading Federal Judge in Texas Issues Final Ruling Striking Down New Overtime Rule

picture of new I-9 Form as of July 17, 2017Last month, the U.S. Citizenship and Immigration Services published a new version of the I-9 Employment Eligibility Verification Form. The Form I-9 is used by employers to verify the identity and employment authorization of all new hires. The new
Continue Reading USCIS Releases Updated I-9 Employment Eligibility Verification Form

As this blog previously covered here and here, the United States Department of Labor under President Obama cracked down on misclassification of workers as independent contractors and broadly interpreted who was considered a “joint employer.” Today, new U.S. Secretary of
Continue Reading Breaking: Department of Labor Withdraws Guidance on Joint Employment, Independent Contractors