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A Lurking Danger – Is Unionization Inevitable?

Since March of 2020 American businesses have been challenged with unprecedented and unique obstacles. A fairly robust economic engine shut down overnight, shelves were bare and supply chains were interrupted at an alarming...more

Labor & Employment E-Note - March 2021

Spotlight - Burr & Forman Represents Coastal Carolina University in Title IX Defense Verdict - Jim Gilliam and Hunter Freeman successfully represented Coastal Carolina University in a five-day federal jury trial...more

South Carolina Professor Loses Breach of Employment Contract Case

A tenured professor at Erskine College in Due West claimed the institution breached its employment contract with him as set forth in the faculty manual. The trial court overruled the jury verdict in the professor’s favor, but...more

South Carolina Employment Law Letter: 4th Circuit delivers blow to Title VII punitive damages

In a recent case involving multiple issues—Title VII of the Civil Rights Act of 1964, constructive discharge, and state law claims among them— the U.S. 4th Circuit Court of Appeals (which covers South Carolina employers)...more

South Carolina Employment Law Letter: Supreme Court Ruling Signals Death of Common-Law Marriage in South Carolina

In 1832, South Carolina adopted common-law marriage by way of a court decision, holding the union was a matter of civil contract that didn’t require a ceremony. Rather, two people were married when they agreed and intended to...more

The state of at-will employment in South Carolina

My articles usually analyze a particular case and the impact of the court's decision on the relationship between employers and employees. With the release of a number of decisions addressing employment at will earlier this...more

SC body bag noncompete case exhumed, revisited

Two years ago, we wrote about a noncompete decision in which a special referee found a business seller had breached a sales agreement by violating both a noncompete covenant and an exclusive sales provision contained in the...more

Non-Competes in the Employment Context Revisited

In 2016 we wrote about a non-compete decision where special referee found that a seller of a business had breached a sales agreement by violating both a non-compete covenant and an exclusive sales provision contained in the...more

Think your evidence is solid? Jury, judge, and appeals court may disagree

We’ve often written about the need to have clearly written policies that, once in place, are followed. If a dispute arises and there is any ambiguity in the policies and how the employer interpreted or used them, juries more...more

A State's extraction of agency fees from non consenting public-sector employees violates the First Amendment

For the second time this term of court, the United States Supreme Court on the final day of the term addressed a First Amendment issue. In the first case, Masterpiece Cakeshop v. Colorado Civil Rights Commission, the Court...more

Hurricane Season is Here. Is your Business Ready?

South Carolina employers, particularly along the coastal regions, are faced every year with the question – “what do we do when a hurricane is upon us?” The real question is does the employer have a plan in place that has been...more

Machinists Gain Foothold at Boeing

In a much watched union election at Boeing’s North Charleston, South Carolina facility, the International Association of Machinist won a secret ballot election in a “micro unit”. The vote included 169 workers, 104 or 61.5%...more

South Carolina Pregnancy Accommodations Act

The South Carolina Human Affairs Law has, in its history, had very few amendments, but during the most recent legislative term, the South Carolina Legislature passed and on May 17, 2018, the Governor signed the South Carolina...more

Early thoughts on this Supreme Court term

We are about midway through the 2017-18 term of the U.S. Supreme Court. One case the Court has already decided and another it refused to take up provide some insight on how the Court has handled employment cases it has been...more

SC Supreme Court decides building official's public-policy case

At-will employment is the normal employer-employee relationship in South Carolina. In 2004, the state legislature passed a law stating that handbooks that took certain reasonable steps did not create a contractual exception...more

Equal Pay Act case gets new life

In 2-1 decision by a three-judge panel, the U.S. 4th Circuit Court of Appeals (whose rulings apply to all South Carolina employers) reversed a decision to grant summary judgment—meaning the trial court had found there was no...more

What's good 'notice' of a workplace injury in South Carolina?

Many readers know that statutory protections passed by state legislatures and Congress are often written to favor the rights of employees. One such statute is South Carolina’s workers’ compensation law. The law requires...more

Court finds employee's IIED claim against Columbia employer hopeless

Attorneys who represent employees beginning to explore the use of nontraditional causes of action against employers. Courts and employers are seeing more defamation, conspiracy, and intentional infliction of emotional...more

Employee or independent contractor? Right to control is key

A continuing point of contention in employment law revolves around who is an employee versus who is an independent contractor. The issue seems to come up often in wage and hour cases and workers’ compensation or unemployment...more

Why having a clear understanding with employees is important

Over the years, we have written a number of articles about the importance of making sure your employment documents contain clear, understandable language. One of our federal district judges was recently faced with an...more

4th Circuit sets a match to battalion chief's First Amendment claims

Lately, we’ve been seeing more cases in which public-sector employees accuse their governmental employer of violating the First Amendment to the U.S. Constitution. Such claims can arise in many ways, but with the...more

SC court awards Lowe's employee workers' comp disability benefits

Employee disabilities are becoming a common issue that employers must address. Short- and long-term disability plans employers often make available to employees, the Americans with Disabilities Act (ADA), and the varying...more

Lessons from Boeing's union election victory in Charleston

Many of you already know about Boeing workers soundly rejecting the Machinist Union’s effort to represent approximately 2,800 employees at Boeing’s Charleston facility. Seventy-four percent of voting employees desired to keep...more

South Carolina court says 'NO' to employee's claims against Boeing

Employees and their counsel have been very aggressive in attempting to couch employment claims as state-law matters and filing claims in state court instead of federal court to try to avoid the federal judiciary. For various...more

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