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.

Supreme Court Holds that Employees Making Oral Complaints of FLSA Violations are Protected from Retaliation

Jul 16, 2011

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?

Jun 21, 2011

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

May 18, 2011

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

May 10, 2011

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

Apr 26, 2011

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...

Retaliation

Mar 18, 2011

Title VII and most state’s statutes prohibit retaliation against any person who opposes or complains about sexual harassment or sex discrimination, or any other violation of Title VII or the ADA, in the workplace. This prohibition against retaliation also applies to...

Sexual Harassment under Title VII

Mar 10, 2011

Sex discrimination and sexual harassment are prohibited by Title VII of the Civil Right to Act of 1964. Title VII makes it unlawful for an employer to "fail or refuse to hire or to discharge any individual, or to otherwise discriminate against any individual...

Reductions vs. Deductions in Wages under the S.C. Payment of Wages Act

Feb 18, 2011

The South Carolina Payment of Wages Act provides a remedy to South Carolina employees who are not paid their full wages in a timely manner. The Act requires employers to notify all employees of the normal hours and wages of the position and any deductions that...

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