Labor & Employment

Friday, October 26, 2018

Is Your Company Making These Hiring Mistakes?

Starting a business is an exciting venture. However, for many new business owners, hiring employees is a stumbling block that can have long-term consequences for the company. Even established companies sometimes run into problems when expanding their workforce.

Below are five hiring mistakes that a South Carolina employment law lawyer may be able to help you avoid with the proper planning.

Five Hiring Mistakes That Can Cost You Time and Money in the Future

1.  Failing to Have a Formal Hiring Process

When you “wing it” as you are hiring potential employees, you could run into several problems. First, you may not have a clear process for checking references and performing background checks. In many cases, a second interview may be necessary to follow-up regarding certain questions or issues. When you do not have a formal hiring process, you may be tempted to hire a candidate during the first interview because you “hit it off” with the person. Only after the person begins working do you discover that his or her references or background check would have revealed serious problems that are now your problem.


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Saturday, October 6, 2018

How Do You Decide Whether to Mediate Employment Disputes?

Whether you’re in-house counsel or the CEO, when an employment dispute arises, it can often through a wrench into everything you’re working on. When faced with an employment complaint, it’s often the hope that it will simply go away, or resolve with a little time. Our labor and employment lawyers know that this can sometimes happen. Other times though, the dispute may escalate, forcing key players to make decisions as to how to best resolve it.

Here are some tips on how to prioritize whether and how to address employment disputes.


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Thursday, July 26, 2018

Seven Things You Should Know About the New South Carolina Pregnancy Accommodations Act

The South Carolina Pregnancy Accommodations Act was signed into law by Gov. Henry McMaster on May 17, 2018. Although existing federal and state laws prohibit employers from discriminating based on pregnancy, these laws do not necessarily protect employees by requiring employers to make reasonable accommodations for pregnancy-related issues. The new law seeks to expand the protections by requiring employers to make certain accommodations. The law is in effect now.


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Monday, April 30, 2018

Five Steps to Creating a Safe Environment to Report Sexual Harassment

Sexual harassment should not be tolerated in any work environment. An employer who does not take the proper steps to protect employees from sexual harassment could be held liable in a civil lawsuit. To ensure that you are taking steps to protect yourself and your employees, you need to create a safe environment for your employees to report harassment incidents.


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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 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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Monday, August 21, 2017

Justice Department Says Rights Law Doesn’t Protect Gays

What Does This Mean For Our Company Employment Policies?

Recently it seems like the legal landscape surrounding issues of “gay rights” is changing every day.  For example, the New York Times recently reported on a brief filed by the Department of Justice that argues federal civil rights laws do not provide any protection against discrimination based upon sexual orientation.  With so many moving parts, it can be easy to get confused about what the law requires of you and your business, and how to make sure you are protected against any claims of illegal discrimination.  When creating and amending policies, it is a good idea to keep your


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Friday, June 23, 2017

Federal Overtime Laws Have Changed: Is Your Company In Compliance?

In May 2016, the U.S. Department of Labor (DOL) announced final provisions updating the Fair Labor Standards Act (FLSA) rules regarding overtime. The rule has been the subject of a great deal of controversy for its ambitious changes to the thresholds for overtime exempt employees and its automatic readjustment of those thresholds every three years. Your local


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Monday, June 19, 2017

Should Your Company Be Asking For Wage History Information During The Hiring Process?


Asking a job applicant about their salary history is about as common as asking for their social security number. You want to be able to assess their worth to your company while trying to keep business expenses low. It’s completely understandable. However, this practice has led some to question whether it is perpetuating pay disparities between majority and minority groups throughout the country. The past two years have revealed that states are starting to get serious about equalizing pay amongst men, women, and minorities.
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Saturday, April 15, 2017

Preventing Employment Discrimination Claims


Employees can be a company’s most valuable assets, but sometimes, they can be a great liability.  Failing to proactively manage employee issues can cost your company its reputation and its’ operating capital. The best way to proactively address potential employee issues is to talk with an experienced labor and employment lawyer.
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