Willcox, Buyck & Williams, PA Blog

Monday, January 22, 2018

Workers' Compensation Best Practices For Employers


As the new year begins, it’s a good idea to review your workers’ compensation policies and procedures to ensure you are in line with industry best-practices. In South Carolina alone, there were over 16,000 workers’ compensation claims filed, costing employers over $800 million, according to the Department of Labor. Considering the fact that between 20% and 25% of injuries reported are fraudulent, it may be in your company’s best interests to discuss your practices with an experienced labor and employment law lawyer. In the meantime, take a look at some of the industry best practices for workers’ compensation.

Creating a Culture of Safety

Creating and fostering a culture of safety in your company begins long before you hire an employee.
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Friday, December 29, 2017

Business Contract Performance - When is it a Good Idea to Breach?


Business Contract Performance - When is it a Good Idea to BreacBusiness relationships and undertakings are formalized with contracts. These contracts may be written or oral, but most complex business agreements are reduced to writing for obvious reasons. Business owners agree on the terms of the contract to ensure seamless performance by all parties to the contract. However, there are times when performing the contract is detrimental to the business or simply impossible. Does this mean the business owner’s hands are tied? Not necessarily.
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Friday, December 15, 2017

When was the Last Time You Reviewed Your Workers Compensation Policies?


The State of South Carolina requires most employers to carry workers’ compensation insurance. You should read over your policy periodically to make sure you have the coverage that fits your current number of employees and that you are not paying too much for your premiums. If the number of your employees has dropped enough, you might not have to buy workers compensation insurance. The laws may have changed since you last read your policy. Now is a good time to talk with your South Carolina labor and employment lawyer about all of your company policies.


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Monday, November 20, 2017

Are Your Benefits Plans Putting You at Risk?


If you’re an employer, just the word “ERISA” might give you chills.  While the Employee Retirement Income Security Act, or ERISA, serves an important function, for employers it can represent the worst of the federal government: a vast and complicated set of requirements that can come with civil or even criminal penalties for violations. Now is the time of year when it makes sense to have an employment law lawyer review your benefits packages to make sure you are in compliance.
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Sunday, November 12, 2017

Do You Have an Exit Strategy? Know Your Options


Creating a business or startup is a bit like being a chessmaster—to be successful, you have to be able to see the endgame even before the game begins.  As you create a business plan and develop a strategy to accumulate capital, you should also be thinking ahead to how you will move on from your successful business to your next big thing.  If you are ready to start a business or simply need to update your business plan, talking with an experienced business formation and planning lawyer can get you on the right track.
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Thursday, October 12, 2017

How Should I Structure My Nonprofit?


Nonprofit corporations do some amazing work, and many are able to do it because of their nonprofit status, which comes with many benefits.  Nonprofits can be eligible for tax exemptions, and their supporters are able to make tax-deductible donations.  Creating and operating a nonprofit isn’t difficult, but there are many rules that must be followed to maintain your nonprofit status.  By using a


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Sunday, October 1, 2017

Can I Offer Ownership Options in My LLC?


You created a Limited Liability Corporation (LLC) in South Carolina, and now you want to raise capital by bringing in investors. Unlike a corporation, however, an LLC cannot sell shares. Since an LLC has some characteristics of both corporations and partnerships, you may be wondering whether you can sell ownership interests in your LLC. A Read more . . .


Friday, September 22, 2017

What To Expect During An Arbitration Proceeding

With just about every court in the country facing a backlog of months to years, alternative dispute resolution is becoming an attractive way for parties to “litigate” their disputes in a more timely and private fashion. While most people have not seen the inside of a courtroom, even fewer have been involved in arbitration proceedings. This article sheds some light on what a typical business dispute arbitration process can look like. If you think that you may be required to arbitrate a contractual dispute, it is important to seek the advice of a


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Wednesday, September 20, 2017

McCall Farms Acquires Sager Creek Vegetable Company Brands


McCall Farms Acquires Sager Creek Vegetable Company Brands

 

McCall Farms, known for its tasty line of high quality, seasoned southern-style vegetables and fruits, announced today they are acquiring the brands of Sager Creek Vegetable Company, a division of San Francisco-based Del Monte Foods, Inc. .  The acquired retail and foodservice brands have national and regional distribution and include well-known names like


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Monday, September 11, 2017

What You Need to Know About Business Capitalization in South Carolina

The State of South Carolina is actively working to improve the business climate within its borders, particularly focusing on bringing innovation to South Carolina.  Early in 2017, the South Carolina Department of Commerce published an Innovation Plan analyzing the current state of affairs and making recommendations for improving options for businesses.

In particular, the South Carolina Innovation Plan notes that many new businesses struggle to obtain sufficient capital from banks and traditional lending institutions, and instead are forced to turn to seeking venture capital through “angel grants” and other forms of direct investment.  The plan further notes that due to the scarcity of capital within South Carolina and the increasing amount of time and resources required to locate and secure it, many new businesses are looking across state lines to secure the funding they need. While you may not need a


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Friday, August 25, 2017

Shareholder Derivative Actions Explained


When you invest your hard-earned money in a corporation, you do so with certain expectations.  And in fact, both South Carolina and federal laws place requirements on the corporation’s officers to meet a set of reasonable expectations.  As a shareholder, the law also gives you a certain set of rights to help you protect your interests.  One of those rights is the right to initiate a “derivative action.”  

A derivative action is a lawsuit that is filed by a shareholder on behalf of the corporation when the corporation’s leadership has failed to act.
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