David Dubberly

David Dubberly

Nexsen Pruet, PLLC

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Latest Publications


AgriBiz Alert: OSHA Targets Agribusiness Industry with New Citations

In recent months, the Occupational Safety and Health Administration (OSHA) cited several agribusiness employers for alleged violations of its standards, proposing significant penalties against them....more

10/29/2015 - Agribusiness Agricultural Workers Citations Employer Liability Issues Health and Safety OSHA Penalties Required Documentation Safety Inspections Safety Violations Training Workplace Hazards Workplace Safety

Employment Law Update: Flooding, Storm Cleanup, and OSHA

As the Midlands recovers from the effects of widespread flooding, and as rain-swollen rivers reach the coastal portions of the South Carolina, Federal OSHA and SC OSHA have issued warnings about potential hazards encountered...more

10/12/2015 - Employer Liability Issues Flooding Health and Safety OSHA Severe Weather Workplace Hazards Workplace Safety

Employment Law Update: South Carolina Lawmakers Ratify OSHA Requirements

On June 26, 2015 the South Carolina General Assembly ratified the new OSHA reporting and recordkeeping requirements for SC employers....more

7/22/2015 - Inspections New Regulations OSHA Recordkeeping Requirements Reporting Requirements Workplace Injury

DOL Proposes Changes to White Collar Overtime Pay Exemptions

On July 6, 2015, the U.S. Department of Labor (DOL) formally proposed revisions to the executive, administrative, and professional (EAP) exemptions to the overtime pay requirement of the Fair Labor Standards Act. In addition,...more

7/9/2015 - DOL Exempt-Employees FLSA Minimum Salary Non-Exempt Employees Over-Time Unpaid Overtime White-Collar Exemptions

OSHA's Expanded Reporting and Recordkeeping Requirements

Happy New Year from OSHA! In 2015 employers must comply with two changes to OSHA reporting and recordkeeping requirements....more

12/4/2014 - OSHA Recordkeeping Requirements Reporting Requirements

Actions May Speak Louder than Words: Can Franchise Agreements Protect Franchisors from Liability as Joint Employers?

The National Labor Relations Board (NLRB) has created a buzz within the franchise community by announcing that McDonald's may be responsible as a "joint employer" for alleged unfair labor practices of some of its franchisees....more

8/6/2014 - Corporate Counsel Joint Employers McDonalds NLRA NLRB Unfair Labor Practices

Supreme Court Expands Sarbanes-Oxley Whistleblower Protection to Employees of Private Companies

In 2002, after corporate fraud at Enron led to the company's collapse, Congress passed the Sarbanes-Oxley Act (SOX). Under SOX's main whistleblower protection provision, an employee of a publicly traded company who claims...more

4/15/2014 - Employer Liability Issues Lawson v FMR Privately Held Corporations Sarbanes-Oxley Whistleblower Protection Policies

EEOC Lawsuit Challenges Commonly Used Language In Severance Agreements

On February 7, 2014, the Equal Employment Opportunity Commission (EEOC or Commission) sued CVS Pharmacy Inc. in federal court in Chicago to invalidate the company’s standard severance agreement. The lawsuit raises concerns...more

2/20/2014 - EEOC Severance Agreements

3 Legal Mistakes Hiring Managers Make In the Employment Process

In your experience, what's the one legal mistake hiring managers always (inadvertently) make? That's the question we asked labor and employment attorneys writing on JD Supra - and here is what we heard back...more

11/8/2013 - Background Checks Hiring & Firing Legal Perspectives

New I-9 Form Shows More Changes May be in Store for Employers

On March 8, 2013, U.S. Citizen and Immigration Services (USCIS) published a new two-page version of Form I-9, together with six pages of instructions. The new form will be required for use by all employers beginning May 7,...more

3/19/2013 - Eligibility Hiring & Firing I-9 USCIS

LightSwitch: Intellectual Property Law Bulletin - 1st Quarter, 2013 - January 2013

In This Issue: S.C. Supreme Court Upholds Confidentiality and “Holdover” Inventions Assignment Clauses in Employment Agreement; The America Invents Act: The Big Lesson Learned In The First Year; and The U.S.Patent And...more

1/30/2013 - America Invents Act Assignment of Inventions Patent Reform Patents Trade Secrets

New Federal Law Increases Trade Secret Protection

On December 28, 2012, President Obama signed into law the Theft of Trade Secrets Clarification Act, which amends and expands the Economic Espionage Act (EEA)....more

1/23/2013 - Goldman Sachs Theft of Trade Secrets Clarification Act Trade Secrets

Justice Department and SEC Issue Guidance on Anti-Bribery Law

Originally published in Swampfox - January 22, 2013. In November 2012 the Department of Justice and the Securities and Exchange Commission issued a 120-page “resource guide” to the U.S. Foreign Corrupt Practices Act. ...more

1/23/2013 - Anti-Bribery DOJ FCPA FCPA Resource Guide SEC

S.C. Supreme Court Upholds Confidentiality and “Holdover” Inventions Assignment Clauses in Employment Agreement

Originally published in MidlandsBiz.com on December 18, 2012. In its most significant employment law decision of 2012, Milliken & Co. v. Morin, the South Carolina Supreme Court addressed the enforceability of provisions...more

12/19/2012 - Assignment of Inventions Confidentiality Agreements Employment Contract Trade Secrets

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