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Court Finds General Contractor Liable for Subcontractor’s Employees

In a decision with potentially huge ramifications for the construction industry, the Fourth Circuit Court of Appeals found that employees of a framing and drywall subcontractor were also the employees of a general contractor for purposes of federal employment laws. Therefore, contractors might find themselves on the hook for their subcontractors’ violations of the law, … Continue Reading

How does the recent White House “call to action on non-compete agreements” affect SC employers?

Last week, the White House issued a “State Call to Action on Non-Compete Agreements” that calls for “state policymakers” to pursue certain restrictions on the use of non-compete agreements. It also released a report entitled “Non-Compete Reform: A Policymaker’s Guide to State Policies,” which includes an assessment of each state’s non-compete laws. The “Non-Compete Reform: … Continue Reading

Recent SEC Actions Signal Possible Enforcement Proceedings and Monetary Penalties Relating to Certain Standard Confidentiality Provisions

Securities and Exchange Commission (SEC) rules adopted under Section 21F of the Securities Exchange Act provide financial incentives for employees and others (whistleblowers) to report corporate wrongdoing to the SEC, and prohibit retaliation against them for doing so. One such rule, Rule 21F-17, prohibits any action to impede an individual from communicating directly with the … Continue Reading

Breaking News on North Carolina Bathroom Bill

This post is an update to my recent post on North Carolina’s controversial bathroom law (known as “HB2”), which can be found here. Last week, the U.S. Justice Department sent a letter to North Carolina Governor Pat McCrory warning him that, in the Justice Department’s view, HB2 violates Titles VII and IX of the Civil … Continue Reading

South Carolina Legislative Update

There are a number of bills pending in the South Carolina Senate and House of Representatives that impact employers. Review the list below and comment to your senator or representative as desired. We will follow their progress and keep you alerted. Source: SC Bar, Employment & Labor Section Bill Lead Sponsor Description Where Action H3031 … Continue Reading

Hiring a Recent International Graduate? What You Should Know.

The US Department of State, in collaboration with the Institute of International Education, has reported a significant increase in the number of international students studying at US colleges and universities. Last year, the number of international students enrolled at US institutions of higher education exceeded 1,000,000, up more than 10% from the prior year. These … Continue Reading

It Depends on What the Meaning of the Word “Sex” Is

Last week, the EEOC initiated two separate lawsuits against private employers alleging that the employers discriminated against employees on the basis of sexual orientation. Both cases involve allegations of sexual harassment and hostile work environment against homosexual employees.  The first case, EEOC v. Scott Medical Center, was brought against a health care provider in Pennsylvania, … Continue Reading

Are Your Nonsolicitation Provisions Compliant with the Most Current Law?

Those employers who require their employees to execute restrictive covenants need to be aware of a recent South Carolina opinion that implied non-solicitation covenants should be limited to customers with whom the employee had personal contact while he was employed. On September 15, 2015, the South Carolina District Court issued a preliminary injunction finding that … Continue Reading

Eat, Drink and Be…Liable?

Are you planning a holiday party for your employees that will include serving alcohol?  What if you offer the alcohol but through a cash bar instead of gratuitously? Is there any risk of liability against you as the employer for any injuries sustained by attendees or others if they leave the party having over-imbibed?  What … Continue Reading

Thinking of Rolling the Dice? Think Again: PPACA Employer Mandate Penalties Have Increased

During 2015, employers with an aggregate number of full-time and full-time equivalent employees between 50 and 99 have enjoyed a reprieve from the Patient Protection and Affordable Care Act (“ACA”) Employer Mandate.  Although these employers qualify as Applicable Large Employers (“ALE’s”) under the ACA – and therefore must offer their full-time employees affordable, minimum value … Continue Reading

Gear Up for HSB’s 2015 HR Law Updates

Haynsworth Sinkler Boyd’s Employment Team is pleased to offer the 2015 HR Law Update in six cities this Fall. Hot Topics. Through these six sessions, you’ll learn about hot topics HR managers are facing today: Immigration, Criminal Background Checks, Independent Contractors, FLSA Violations, Pregnancy Non-Discrimination, and more. Don’t miss out. In one morning, we’ll cover the basics of … Continue Reading

Can I Ask About This? Interview Do’s and Don’ts

Inappropriate interview questions create a risk of discrimination claims under various state and federal anti-discrimination laws.  (For example, Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act, and the Americans with Disabilities Act, as amended by the Americans with Disabilities Amendments Act.)   Therefore, when interviewing an applicant for a … Continue Reading

SC Unemployment Insurance Tax Rates Drop for 2015

On October 31, 2014, the South Carolina Department of Employment and Workforce (DEW) released the 2015 unemployment insurance tax rates. Unemployment insurance tax rates for wages paid between January 1, 2015 and December 31, 2015 will drop approximately 9%, according to the S.C. DEW.  Favorable economic conditions and a strong labor market have contributed to … Continue Reading

DOMA and The Other Shoe

In 2013, when the U.S. Supreme Court struck down Section 3 of the Defense of Marriage Act (“DOMA”), which defined “marriage” for purposes of federal statutes as a legal union between one man and one woman, Justice Antonin Scalia vehemently dissented on behalf of himself and 3 other Justices, opining that it is just a … Continue Reading