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For SC employees confronted with an unexpected termination and a new severance agreement, it's helpful to know what your rights are and how long you have to review any agreement. Read more at the link for how SC employees can better understand what to expect during this process.

How Long Do SC Employees Have to Sign Severance Agreements? The amount of time that SC employees have to sign severance agreements depends mostly on the employees' ages.

FMLA leave provides protected leave for South Carolina employees who need time off or a reduced schedule to handle a serious medical condition. But not all employers are happy about an employee taking leave. In this article, I address the types of retaliation that employees face for using leave, as well as the legal options available if retaliation takes place.

Retaliation for FMLA Leave in South Carolina The Family and Medical Leave Act provides remedies for South Carolina employees who have suffered retaliation for FMLA leave usage.

The wait is over. A federal judge in Texas ruled yesterday that the FTC's rule banning non-compete agreements is unenforceable and must be struck down. Her ruling applies to the whole country. Read more at the link for what this means for South Carolina employees.

The FTC’s Ban on Non-Competes is Dead A federal judge in Texas struck down the FTC's ban on non-competes, meaning that the ban will not go into effect in September as planned.

South Carolina employees who have been the victim of wage theft have several options for recovering unpaid wages. In this blog post, I discuss the different options for pursuing claims against employers, including the possibility of triple damages and attorney's fees.

Recovering Unpaid Wages in South Carolina Recovering unpaid wages in South Carolina normally falls under the S.C. Payment of Wages Act, which provides for treble damages.

Gina Carano plans to call the Mandalorian himself to testify in her pending wrongful termination lawsuit against Disney. Pedro will have to appear in person AND remove his beskar steel helmet to testify, so I would expect some motions to be filed with the court. That is the Way (to handle those sorts of issues).

Din Djarin May Be Called to Testify in Carano v. Disney Lawsuit Star Wars actress Gina Carano may call the Mandalorian to testify in her Carano v. Disney lawsuit for wrongful termination.

Horton Law Firm's very own Employment Lawyer, Jeremy Summerlin, was recognized as the top vote getter for Employment Law - Plaintiff, by Greenville Business Magazine's Legal Elite issue for 2024!

Mr. Summerlin represents employees throughout the state of South Carolina in all types of employment and labor law matters.

Jeremy Summerlin Recognized as Top Vote Getter for Employment Law – Plaintiff for Greenville Business Magazine’s Legal Elite for 2024 Jeremy Summerlin has been recently honored as the top vote getter for Employment Law - Plaintiff by Greenville Business Magazine.

Many South Carolina employees face serious medical issues or disabilities that may impact their abilities to perform in the workplace. But the Family and Medical Leave Act (FMLA) and the Americans with Disabilities Act (ADA) can often work together in providing additional help to struggling employees. Read more at the link for how these two federal laws interact and how South Carolina employees can use these protections to recover and still maintain their employment.

FMLA Leave and ADA Accommodations for SC Employees The interaction of FMLA leave and ADA accommodations for South Carolina employees is essential for struggling employees who need more leave.

Hot off the presses! Horton Law Firm attorney Jeremy R. Summerlin was recently selected for inclusion by TALK Greenville Magazine as one of the Top Lawyers for Employment & Labor Law.

Jeremy R. Summerlin Honored as a Top Lawyer for Labor & Employment by Greenville TALK Magazine Horton Law Firm Attorney Jeremy R. Summerlin was recently selected as a Top Lawyer for Labor & Employment by Greenville TALK Magazine.

A few weeks ago, a Texas federal court indicated that the FTC's ban on non-competes may exceed the FTC's lawful authority, but we won't get a final ruling on that issue until the end of August. In the meantime, another federal court in Pennsylvania has weighed in, holding just the opposite. Read more at the link for the latest update and for what these new rulings mean ultimately for the FTC's ban.

PA Court Upholds FTC’s Rule Banning Non-Compete Agreements A PA federal court recently issued a ruling upholding the FTC's banning of non-compete agreements, but other courts have ruled otherwise.

Here's my latest blog post about Star Wars actress Gina Carano's lawsuit against Disney, as the court allows her lawsuit to move forward despite Disney's attempts to have the case dismissed. Read more at the link for the judge's reasoning and for likely next steps in the case.

Court Denies Disney’s Motion to Dismiss Gina Carano’s Lawsuit A federal judge just denied Disney's motion to dismiss Star Wars actor Gina Carano's lawsuit for wrongful termination. What happens next?

South Carolina has its own pregnancy discrimination law on the books, although as I'll discuss in this blog post, it's not one that gets used very often, as other federal laws provide similar or better protection.

South Carolina’s Pregnancy Accommodations Act South Carolina's Pregnancy Accommodations Act provides some protection to pregnant employees in South Carolina.

For South Carolina employees dealing with ongoing s*xual harassment, the prospect of making a report to HR can be daunting and full of fear about possible retaliation. In this blog post, I address the steps that an employee needs to take in making the complaint and dealing with the fallout of such a complaint.

Making Sexual Harassment Complaints in South Carolina Making s*xual harassment complaints are often a necessary part of addressing harassment in the workplace. Here's how to make that complaint.

The FTC's ban on non-competes yet lives, even after a federal judge in Texas ruled against the FTC and issued an injunction. However, the injunction (which would place the ban on ice for the immediate future) is limited in scope and doesn't affect the rest of the country at this time. Read more at the link for what's likely to happen next.

FTC’s Ban On Non-Competes Stays Alive (For Now) A federal court declined to issue a nationwide preliminary injunction on the FTC's ban on non-competes, but the ban may not survive very long.

On the FTC's ban on non-competes, we have a ruling from the Texas federal judge overseeing the case. Per her order issued this afternoon, the court granted the plaintiffs' motion for a preliminary injunction, which puts the non-compete ban on hold, BUT FOR THESE PLAINTIFFS ONLY. The court declined to issue a nationwide injunction, so the FTC's non-compete injunction remains in place for every other employer in the country.

The court ruled that the FTC likely exceeded its statutory authority and that the plaintiffs are likely to win on the merits of their lawsuit. This means that when the court issues its final ruling by August 30, 2024, I would expect that the court strikes down the FTC's rule. The court could, at that time, decide to issue a broader injunction. But there will be plenty of appeals as these cases make their way up to the higher courts.

The DOL's salary threshold rule went into effect yesterday, and the judge in Texas who heard the request for a nationwide injunction declined to issue such broad relief. So South Carolina employers are now subject to the salary increase, if the companies want to keep claiming the exemption from overtime pay. Read more at the link for who the court's ruling DOES impact and what likely will happen next.

DOL’s Salary Threshold Increase for FLSA Effective July 1, 2024 The Dept. of Labor's salary threshold increase went into effect on July 1, 2024. A Texas court's ruling on that does not affect SC workers.

Hello there. Lots of heavy Supreme Court decisions last week and this week, and I'll discuss the employment-related implications at a later date. But for now, here's an update on Gina Carano's lawsuit against Disney.

Carano v. Disney Wrongful Termination Lawsuit Update Disney seeks to dismiss Gina Carano's lawsuit for wrongful termination, arguing that Disney can't be Forced to work with Carano.

Some companies seek to struggle with some basic legal requirements when it comes to wages, including the requirement under SC law to provide itemized paystubs each and every pay period. For more about how SC employees can respond to the failure to provide paystubs, follow the link.

Must a SC Company Provide Paystubs to Employees? South Carolina companies are required to provide paystubs each time an employee is paid, and if not, then state action may be required.

The U.S. Supreme Court just agreed to hear a Fair Labor Standards Act (FLSA) case from the Fourth Circuit, which includes South Carolina, to determine whether to make it easier on companies to claim an exemption from paying overtime to employees. Read more at the link for how this will impact South Carolina employees moving forward.

SCOTUS May Change Standard of Proof for FLSA Misclassification Claims The Supreme Court will weigh in to determine how difficult it will be for employees to prove FLSA misclassification claims.

Things are accelerating on the FTC's non-compete ban. The court will issue a ruling on the preliminary injunction by July 3, 2024, so that's when we'll have some guidance on how to proceed. Read more at the link.

Court to Rule on FTC’s Non-Compete Ban by July 3, 2024 Back in May 2024, the federal court judge assigned to the FTC’s non-compete ban case indicated that she would have a hearing on motion for a preliminary injunction by June 17. (I wrote about the FTC’s opposition to that motion here.) However, late last week, the judge issued another order statin...

In the latest filing on the non-compete ban, the FTC pushes back against the plaintiff's motion for a preliminary injunction (one that would place the rule on ice while the lawsuit proceeds) and argues that the FTC has congressional authorization to issue this rule banning non-competes across the country. Read more at the link for the FTC's arguments and next steps in the pending lawsuit.

Non-Compete Ban is Lawful and Enforceable, FTC Argues The FTC has filed its brief in support the FTC's non-compete ban, arguing that it has authority to issue such a rule and is likely to prevail.

Informing your employer about your pregnancy can be stressful, mainly because companies often don't react well to a pregnant employee's need for accommodations or leave related to the pregnancy. Discrimination and retaliation are common. However, a new federal law continues to strengthen employee's rights to a workplace free from pregnancy discrimination. Read more at the link for how best to protect yourself on the job.

Pregnancy Discrimination for South Carolina Employees For SC employees facing pregnancy discrimination in the workplace, here are federal laws that offer protection and legal options to consider.

I wrote a few weeks ago about the Department of Labor's new rule to increase the salary threshold for exempt employees (basically, how much a company has to pay in salary to avoid paying an overtime premium). As expected, business groups have brought a federal lawsuit in Texas seeking to invalidate the rule before it goes into effect on July 1, 2024. Read more at the link for how this impacts South Carolina employees.

Business Groups Sue to Block the New Overtime Rule Increase A recent lawsuit seeks to block the new overtime rule increase for exemptions from overtime pay under the FLSA. How does that impact you?

Not all workplace complaints are the same, and only some complaints qualify as a "protected complaint" that would trigger protection against retaliation. So what needs to be in that complaint to HR, and what are some methods to best communicate that information? Read more at the link!

What is a Protected Complaint for SC Employees? SC employees can help fight against discrimination by making a protected complaint to management or HR. Here are some ways to do that.

Last week, the Fourth Circuit Court of Appeals ruled that a gay drama teacher at a Catholic high school fell under the "ministerial exception" to Title VII's protections against s*x discrimination, and thus, the employee could be fired for getting married to his partner.

This extends the ministerial exception further in the Fourth Circuit than had previously been established, so it will be interesting to see if the U.S. Supreme Court reviews this case, especially in light of other circuits' holdings in the rest of the country. Read more at the link for how this ruling impacts South Carolina employees.

Teacher at Catholic School Can Be Fired for His Gay Marriage The Fourth Circuit ruled that a gay teacher at a Catholic high school can be fired for his gay marriage, under the ministerial exception.

Are South Carolina employees entitled to a full payout of accrued PTO or vacation time when their employment ends? Read more at the link to find out!

PTO/Vacation Payouts for SC Employees For questions of PTO/vacation payouts for South Carolina employees after termination, employees must look to the company’s written policies.

If you follow any of our posts here on Facebook, you’ll notice that we regularly blog about employment law legal issues facing South Carolina employees. For those of you interested receiving alerts when new blog posts are added to the website, click on this link and subscribe!

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The U.S. Senate’s Judiciary Committee has voted to advance a proposed federal law that would ban forced arbitration of age discrimination claims. For South Carolina employees, that means older workers would have the freedom to bring their claims before a jury of their peers instead of being stifled by private arbitration as companies would prefer. Read more at the link for how this impacts South Carolina employees.

Proposed Law Bans Forced Arbitration for Age Claims A proposed federal law bans forced arbitration for age discrimination claims, which would mean that all SC employees can get a jury trial.

We now have some clearer guidance on whether lateral job transfers trigger a legal claim under Title VII of the Civil Rights Act.

On April 17, 2024, the U.S. Supreme Court issued a ruling on Muldrow v. St. Louis. In that case, Sergeant Jatonya Muldrow claimed that the St. Louis Police Department transferred her from one job to another within the department so that she could be replaced by a man. Her rank and pay remained the same, but her responsibilities, perks, and schedule did not. The lower courts both ruled against Muldrow, holding that since her pay and rank didn’t change, she hadn’t suffered a materially significant disadvantage.

The Supreme Court disagreed, holding the employee must merely show that the lateral job transfers brought about some harm with respect to an identifiable term or condition of employment, but that the harm need not be significant. Title VII, the Court notes, makes it unlawful for an employer “to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual’s . . . s*x.” That means that Muldrow had to show that the transfer brought about some “disadvantageous” change in an employment term or condition. The Court held that requiring an employee to prove a “materially significant disadvantage,” as the lower courts had required, placed a new burden on the employee that Title VII did not actually contain.

Ultimately, the Supreme Court reinstated Muldrow’s claim and sent it back down to the trial court for a new evaluation of the claim under this clarified legal standard. This does not mean that Muldrow wins, of course, but she has a better chance to get her claims in front of a federal jury.

Will this impact claims for South Carolina employees? Sure does! Moving forward, employees will have a little easier time in bringing and proving claims for adverse employment actions, to include lateral job transfers and other types of harm, such as a failure to reinstate. The decision won’t be limited just to lateral job transfers. For example, I’m aware of at least one other federal case in the Upstate of South Carolina that has already been reconsidered in light of the U.S. Supreme Court’s holding, resulting in a claim previously dismissed being revived and prepared for trial. Certainly as I evaluate cases from potential clients, I’ll be able to apply the new standard to potential adverse actions on a broader basis.

If you have questions, always feel free to reach out to our office.

When does the FTC ban on non-competes begin?

With the Federal Trade Commission’s announcement of the ban on non-compete agreements two weeks ago, the big question remaining was when the ban would become effective. The FTC ban itself stated that it would go into effect 120 days from the date that the rule was filed and published with the Federal Register. Most publications just reported the 120 day deadline, but we didn’t have official word on when the rule would be published and trigger that timeframe.

Just a few days ago, the FTC announced that the rule would be published on May 7, 2024. That means that September 4, 2024, 120 days later, is the new date for when the FTC ban on non-competes will take effect.

Of course, the rule only goes into effect if a federal court does not issue an injunction in the meantime, which would place the rule on hold while the lawsuits filed to oppose the rule continue. At this point, the federal court in Texas that’s handling the first filed lawsuit has set a deadline of June 19 for the parties to that lawsuit (including the FTC) to finish their filing of written legal arguments. The court will decide from there whether to schedule a hearing for oral arguments, or whether the court will just rule on the written arguments.

It’s possible, under that timeline, that the trial court will issue its ruling as early as July 2024. An appeal to the court of appeals will surely follow, regardless of outcome.

In the meantime, my advice in general would be for SC employees to continue operating as though the rule doesn’t change anything, because it doesn’t just yet. We regularly consult with SC employees regarding the enforceability of their non-compete agreements, so if you have any questions, feel free to reach out to schedule a consultation.