Employment discrimination comes in many forms, but only certain types of discrimination against employees are legally prohibited in South Carolina. The law prohibits discrimination in the workplace based on several protected categories, including age, race, sex, disability, pregnancy, and a few others. The also prohibits an employer retaliating against an employee who complains about or reports employment discrimination or harassment. Discrimination based on a non-protected category, such as the color of your shoes or the [...]
Perhaps the better question is: Have you been misclassified by your South Carolina employer as exempt from being paid overtime? Unpaid overtime is an increasingly common complaint in South Carolina and across the county. I’ve written previously about some initial questions that a South Carolina employee needs to ask an experienced South Carolina unpaid overtime lawyer in order to determine whether the employee is entitled to overtime pay or minimum wages under the Fair Labor Standards Act [...]
This past week, after the election of Donald Trump as our nation's president was announced, the CEO of GrubHub, a nationwide food delivery service, sent an email to all of his employees that stated the following: I absolutely reject the nationalist, anti-immigrant and hateful politics of Donald Trump and will work to shield our community from this movement as best as I can. . . . If you do not agree with this statement then [...]
Although there was very little notice by the press or voters, trade secrets lawyers saw a significant development in the law recently. Last month, President Obama signed into law the Defend Trade Secrets Act of 2016 (DTSA). The DTSA provides a federal counterpart to the various state laws that already govern trade secret litigation. Currently in South Carolina, employees can be sued under the South Carolina Trade Secrets Act for misappropriation of trade secrets. The [...]
What is the Equal Employment Opportunity Commission (EEOC) and Why is It Blocking My Way to the Courthouse?
What Is the EEOC? The Equal Employment Opportunity Commission (EEOC) is the federal agency tasked with enforcing the federal employment laws in the United States. It has the authority to bring a lawsuit on behalf of employees who have been wrongfully terminated in violation of federal law, which includes Title VII of the Civil Rights (prohibiting employment discrimination on the basis of race, color, religion, sex, or national origin, as well as retaliation for reporting [...]
Wage theft has become a significant problem in the United States, as many employers are failing to pay their employees for all hours that the employee worked. If your employer has failed to pay you what you have rightfully earned, what are your legal options? What Qualifies as Wages in South Carolina? The South Carolina Wage Payment Act defines wages as "all amounts at which labor rendered is recompensed," which includes "vacation, holiday, and sick [...]