Author: South Carolina Employment Law Letter

Dangers of Excluding Unemployed When Searching for Workers

By Reggie Gay Employers that need workers often find themselves inundated with applicants — especially in today’s down economy. Some employers have even resorted to limiting the applicant pool to currently employed individuals as a way of dealing with a deluge of resumes. But that can be a legally shaky strategy. Mastering HR Special Reports: […]

Post-Termination Disability Benefits Reduce Severance Pay

By Hadiya Roderique Severance obligations can be costly for Canadian employers since most employees are entitled to notice of termination or substantial pay in lieu of notice. A tricky issue is the impact of post-termination income on the obligations of the terminating employer. Canadian employees are often under the mistaken impression that they have an […]

New ‘Concealed Carry’ Gun Law in Effect in Wisconsin

by Jessica E. Ozalp Axley Brynelson, LLP On November 1, most provisions of Wisconsin’s new “concealed carry” gun statute will go into effect. The law, which Governor Scott Walker signed in early July, establishes a licensing process that allows Wisconsinites age 21 and older to obtain a permit to carry a concealed weapon anywhere except […]

NLRB’s New Poster a ‘Big Deal’ for Nonunion Employers (Video)

The National Labor Relations Board’s (NLRB) effort to require a new poster explaining employee rights is creating much concern — not to mention legal action — but a key point employers should understand is the rule’s impact on nonunion employers, according to employment law attorney Al Vreeland, who led a session at the October Advanced […]

Local Governments Stepping Up Employment Laws (Video)

When considering employment law compliance, employers must look not only to federal and state laws but, increasingly, they need to look to city and county laws, according to attorney Kara Shea, who led a session at the October Advanced Employment Issues Symposium (AEIS) in Nashville, Tennessee. Shea, a member at Miller & Martin PLLC in […]

HHS Indicates CLASS Act Not ‘Viable’

The Obama administration’s health care reform legislation suffered an apparent casualty last week when the U.S. Department of Health and Human Services (HHS) indicated it wouldn’t pursue implementation of the Community Living Assistance Services and Supports (CLASS) program (also known as the CLASS Act). In a letter to the U.S. Congress about the CLASS Act, […]

Emotional Distress Claims: a Future Trend in Oklahoma?

By Charles S. Plumb On November 1, changes to the Oklahoma Anti-Discrimination Act will go into effect that substantially restrict the ability of former employees to sue their employers for wrongful discharge in personal injury claims. But a recent Oklahoma Supreme Court decision may encourage employees’ lawyers to pursue intentional infliction of emotional distress claims […]

Building a Cohesive Team

Recently, at a company luncheon, I was asked about my favorite movie. Ask about the business and I’m quick with an answer. But the question about my favorite movie was nearly a stumper. I scrambled to come up with something and ultimately came up with a reply, but really wasn’t satisfied with my response. Well, […]

Ex-Employee to Pay Employer

By Lyne Duhaime When an employee in Canada fails to fulfill his functions as expected, the ultimate consequence is a termination of employment “for cause,” which implies that no notice or other severance is paid to him by the employer. The Superior Court of Quebec recently went further. In Valeurs mobilières Desjardins inc. v. Beaulne, […]

California Scheming

Litigation Value:  More fodder for potential sexual harassment, sexual orientation, and national origin claims, but it could have been worse. At least Andy didn’t run naked through the parking lot with a doughnut on his ding-dong — that would have put me off of Krispy Kreme for awhile. Was really looking forward to being able […]