Perry MacLennanJoin us for our next employment law seminar, Offer Letters and Employment Contracts: The Terms of Employment, on Thursday, April 25.

Perry MacLennan will discuss contracting with employees in South Carolina and the concepts of at-will employment. He will also focus on how to use offer letters correctly, South Carolina’s notice requirements and when to enter restrictive covenants.
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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.” Sessions were held in Atlanta, GA, Seattle, WA, Kansas City, MO, Denver, CO, Providence, RI, and Washington DC. A review of the actual transcripts reveals that many different interests presented comments, including human resource professionals, small business, nonprofits, employees, employers, attorneys, and large businesses. Full renditions of the transcripts by city can be found here.

The DOL posed these questions for addressing at the Listening Sessions:
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Workplace violence is high on every HR professional’s list of worst nightmares regardless of the source – an employee, former employee, angry customer, or random third party. Of course, there are a host of security measures employers can undertake in an effort to prevent or mitigate violent incidents on their premises. While there is no substitute for good security measures, we are occasionally asked about what legal steps an employer can take where it is concerned that a particular person may engage in violence or inappropriate behavior on the premises – for example, a disgruntled former employee, a customer who is obsessed with an employee, or an angry ex-spouse of an employee. Unlike some jurisdictions, South Carolina does not have workplace violence restraining orders that allow an employer to obtain a restraining order on behalf of an employee that needs protection. However, depending on the circumstances, there are some legal options an employer can take to help protect its employees.
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Following the April 3, 2018 YouTube workplace violence tragedy, many news sources reported that there were 500 workplace homicides in 2016, the most recent workplace homicide statistic from the Bureau of Labor Statistic. The Bureau of Labor report, found here, noted this was “an increase of 83 cases from 2015” and that the “2016 total was the highest [number of workplace homicides] since 2010.” The report also revealed that 409 (82 percent) were homicides to men and 91 (18 percent) were homicides to women.” Further, “homicides represented 24 percent of fatal occupational injuries to women in 2016 compared with 9 percent of fatal occupational injuries to men.”
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The ruling in the AARP v. EEOC case may be detrimental to employers and their healthcare plans because the EEOC may either reduce the percentage of its allowable inducement (or penalty) below 30% of the employee cost for participation in
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This blog has previously covered the potential pitfalls of classifying workers as independent contractors. While classifying a worker as a “1099” offers many potential benefits on the business side, it can expose the company to significant tax liability, statutory penalties, and monetary damages.

The difficulty for employers is determining which workers may be properly classified as independent contractors. The IRS, Department of Labor, and South Carolina courts all have different tests. On August 9, 2017, the South Carolina Court of Appeals issued a decision that provides some insight on how South Carolina courts make the determination.
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