Tag: South Carolina

Employer Groups Fighting Back Against NLRB

Recent actions taken by the National Labor Relations Board (NLRB) have sparked enough anger among employers to prompt a lawsuit, an ad campaign, and support for a bill in Congress that’s seen as a way to curb what one employer group calls a “rogue agency.” The National Association of Manufacturers (NAM) filed a lawsuit on […]

Stack of Resumes

Former Employee Keeps Reapplying Despite Rejection Letters

by Reggie Gay Q: We have a job applicant who worked for us approximately six years ago. There’s nothing negative in her file, but there were some issues with her job performance. Neither of her former supervisors wants to hire her back. She has applied several times and has received rejection letters, but she keeps […]

Boeing’s Right to Relocate Some Operations to South Carolina before NLRB

Tuesday, the National Labor Relations Board (NLRB) will begin its unfair labor practice case against Boeing, insisting that the company may not move some of its operations from Washington to South Carolina because the move might somehow violate workers’ rights. The outcome of this case goes well beyond South Carolina, but it is vitally important […]

Federal Inactivity Continues to Spark State Immigration Action

A federal judge blocked parts of Arizona’s new immigration law on Wednesday, the day before the rest of the measure went into effect. But legal challenges are already flying and many are waiting to see what happens next. Last year, a record number of immigration-related laws were considered and passed in the 50 states. Over […]

Pointers for Supervisors: 11 Ways to Avoid Workplace Lawsuits

by Rita M. McKinney Supervisors can be an employer’s frontline of protection against costly discrimination claims — if they’re armed with the right information and training. Here are 11 important things every supervisor needs to know. Basic Training for Supervisors – easy-to-read guides to avoid legal hazards, covering more than 17 areas of supervisor training […]

South Carolina’s Verification Rules for Private Employers Take Effect July 1

Last summer, South Carolina Governor Mark Sanford signed legislation that requires private employers to verify the employment eligibility of new employees. On July 1, 2009, these rules will take effect for private employers with 100 or more employees. Under the new verification laws, employers that are required by federal law to complete and maintain federal […]

3 Questions Employers Should Ask in Discrimination Cases

In discrimination cases filed under Title VII of the Civil Rights Act of 1964, first, the employee must establish a prima facie (minimally sufficient) case of discrimination. Once he does that, the burden shifts to the employer to produce evidence that he was rejected or someone else was preferred for a legitimate, nondiscriminatory reason. This […]

Employment Lawyer’s Thoughts on How Businesses Can Remain Union-Free: Part 2

by D. Michael Henthorne In this second part of a two-part series, I examine the unusual figurative relationship between union-free policy statements, the human nature of employees and employers, and a neglected utility closet. In the first article, I described a large utility closet located on the carport adjacent to my house. Once an ideal […]

An Employment Lawyer’s Thoughts on How Businesses Can Remain Union-Free: Part 1

by D. Michael Henthorne I’ve been asked to address a group of nursing managers in one of South Carolina’s leading hospital systems on avoiding labor unions and recognizing union-organizing activities. Despite growing up the son of a Teamster (my father was a truck driver), for most of the last 29 years I have lived in […]

Tips for Creating Sound Documentation to Avoid Lawsuits by Employees

Although there’s no sure-fire method to prevent a disgruntled employee from filing a lawsuit against an employer, there’s a readily available tool that can help you defeat the majority of lawsuits: documentation. Employment lawsuits often are won or lost on the soundness and completeness of an employer’s recordkeeping practices. Here are a few tips to […]