South Carolina News & Analysis

  • Tackle coronavirus fears with practical, legal knowledge

    With news of spreading disease, travel restrictions and bans, and quarantines dominating the news, it's no surprise that employees have questions about the coronavirus/COVID-19 and whether they risk exposure at work. So, an understanding of how to respond is critical. The issues fall into two basic categories: practical considerations and how an employer can be legally compliant while keeping employees safe.

  • Employers on alert after restaurant bath video goes viral

    Recently, a TikTok video of a Wendy's employee taking a bath in the restaurant sink went viral on the Internet. Unsurprisingly, the employee was promptly fired. In our age of mass social media activities, the incident serves as a helpful reminder of how companies may be affected by their employees' online behavior—whether on-the-job or not.

  • Is it the Tax Man who cometh? No, it's the DOL, which may be worse

    During tax time, it's common for IRS audits to loom large in the minds of Americans, but have you considered your readiness for a different kind of audit by a different federal agency? Specifically, audits by the U.S. Department of Labor (DOL) aren't what they used to be. Today's DOL audits take longer, are more detailed, and can be very expensive. As is often the case when it comes to legal matters, the best strategy is advance preparation. Act now to save yourself time and money later—when an audit letter actually arrives.

  • Healthcare providers urged to plan for the worst as coronavirus spreads

    As the number of novel coronavirus (COVID-19) cases continues to grow in the United States, healthcare employers are urged to review and update their policies and procedures relating to public health emergencies and infectious disease outbreaks. Providers should be prepared to execute protocols if a suspected or confirmed case is identified within their organization or community. Read on to learn about precautions providers can take now to prepare.

  • What you need to know about I-9s

    Companies are looking to employ a talented and diverse workforce to meet the needs of a growing and rapidly changing world. The process of getting the proper authorizations, completing the proper paperwork, and staying up to date on the documentation, however, is an ever-changing and ever-challenging endeavor. Employers may be hesitant because of the growing number of audits or unfamiliar landscape, but knowing the basics can go a long way.

  • NC court sets standard for denying jobless benefits in equivocal circumstances

    North Carolina employers should be aware of a recent North Carolina Court of Appeals decision regarding unemployment insurance benefits. When analyzing whether a former employee's termination was voluntary or involuntary—and, by extension, whether he is eligible for unemployment benefits—the court clarified the issue must be resolved by determining whether a reasonable person would have believed he resigned.

  • Don't hold your breath: Two-year gap too large for retaliatory discharge claim

    The Tennessee Court of Appeals recently ruled that a two-year gap between a workers' compensation claim and a termination couldn't support a retaliatory discharge claim.

  • WV Supreme Court addresses working from home as a reasonable accommodation

    The Americans with Disabilities Act (ADA) and its state counterparts have been on the books for a generation. Accordingly, certain phrases have become engrained in the lexicon of the American workplace, such as "reasonable accommodation" and "essential job functions." A recent West Virginia Supreme Court decision reminds employers (and employees) that throwing around terms of art is no substitute for doing an analysis rooted in the precise language and purpose of the disability protection laws.

  • Donating accrued vacation and sick time

    Q Are employees allowed to donate their accrued vacation and sick hours to another employee? If so, what would be the proper procedure?

  • Cutting-Edge HR

    Fighting labor shortage with charter buses. With the unemployment rate hitting historic lows, many employers are struggling to find workers. Package delivery giant FedEx is fighting the problem by turning to chartering buses to bring people in from areas with available workers. The Wall Street Journal featured FedExs program in an article that explains how the company buses workers to its Memphis, Tennessee, hub from areas hours away in Mississippi. The workers earn starting wages of $13.26 an hour, better wages than are available in their home area, where manufacturing jobs have been lost. The busing program runs year-round and was nearing its first anniversary when the article was published.