WELCOME TO THE SOUTH CAROLINA EMPLOYMENT LAW BLOG
We have provided a collection of articles written by our attorneys to help answer some more common questions we regularly receive and provide updates on new law and legislation that impacts employees.
Age Discrimination in Employment Act (ADEA)
What is the ADEA? The Age Discrimination in Employment Act of 1967, 29 U.S.C. §§ 621-634, et seq. (1967), protects older workers from discrimination in the workplace. Discrimination has historically been based on “inaccurate and stigmatizing stereotypes“or...
What Kind of Notice Does an Employee Have to Provide to an Employer to Take FMLA Leave?
The FMLA causes confusion among both employers and employees, partly due to the notice requirements that it mandates for both employees seeking to take FMLA leave and for employers that have an employee asking to take leave for reasons that may fall under the...
Covenants Not to Compete, Non-Compete Clauses, and Restrictive Covenants in S.C.
Covenants not to compete, sometimes referred to as non-compete clauses, allow an employer to place certain limitations upon an employee's activities subsequent to the employee's termination or resignation. Essentially, an employee agreeing to a covenant not to compete...
Severance Agreements
Severance agreements are often used between employees and employers when an employee is being laid off during a reduction in force by the employer. Employers can benefit from severance agreements by limiting their liability and by limiting potential future lawsuits...
What does At-Will Employment Really Mean?
Employment at-will or at-will employment essentially means that an employer can terminate an employee at any time and for any reason, whether a good reason or a bad reason, or for no reason at all. On the other side of the coin, at-will employment also means that an...
Fitness-for-Duty Certifications under the FMLA
Employees taking FMLA leave should be aware that, under certain circumstances, an employer may require an employee to provide a fitness-for-duty certification upon their return to work stating that the employee is physically able to return to their position. As a...
Personal Liability for Unpaid Wages
The South Carolina Payment of Wages Act requires employers to pay all wages owed to employees in full and in a timely fashion. The Act also makes employers operating an LLC or corporation personally liable for unpaid wages to employees, which can create far-reaching...
Common Overtime Myths
Overtime laws are somewhat confusing for the weary and many employees have misconceptions about whether or not they are entitled to overtime. The Fair Labor Standards Act ("FLSA") is a federal law that governs minimum wage and overtime issues in the United States....
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