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.
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....
Supreme Court Holds that Employees Making Oral Complaints of FLSA Violations are Protected from Retaliation
The U.S. Supreme Court's March 22, 2011 ruling in Kasten v. Saint-Gobain resolved a long-standing question of whether oral complaints are protected from the FLSA's anti-retaliation provision, which prohibits employers from firing an employee because the "employee has...
Do I get my Final Paycheck if I Quit or was Fired?
The Payment of Wages Act has clear-cut rules for how final payment for wages, including salary, bonuses, and accrued vacation pay, are to be submitted to employees who leave their job or who are terminated. The Act states that all wages owed to a separating employee...
ADAAA Broadens the Meaning of Disability
The Americans with Disabilities Act Amendments of 2008 (ADAAA), which went into effect on January 1, 2009, was specifically designed by Congress to reject certain previous United States Supreme Court decisions that had narrowed the broad scope of protection originally...
DOL Releases iPhone App to Help Employees Ensure that they are Properly Paid for Hours & Overtime
Yes, there is an app for that. The Department of Labor unveiled the new timesheet app yesterday to help employees keep track of their hours and overtime to ensure that they are properly paid for their work. The app allows users to keep track of their hours,...
Family & Medical Leave Act
The Family & Medical Leave Act of 1993 (“FMLA”), 29 U.S.C. §§2601-2654, makes it unlawful for covered employers to terminate or otherwise discipline an eligible employee for taking up to 12 weeks of unpaid leave (or 26 weeks to care for a covered servicemember...
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