Archive for April 2021

Not every pregnancy is the same, with a host of genetic and environmental factors playing a role in the outcome. If a person has a difficult pregnancy, they can, in theory, avail themselves of the protections provided by state and federal anti-discrimination law so they retain their job and seniority. However, some employers can take…

While South Carolina doesn’t have its own dedicated law on the subject, employees in state are eligible to take paid family leave under the federal law, referred to as the Family Medical Leave Act (FMLA). If they comply with all the requirements of the statute, an employee is entitled to take up to 12 weeks…

In certain industries, the departure of an employee from a company can be a serious event, especially if they’re aware of internal information or other trade secrets. As a result, companies in these industries will very often try to get employees to sign non-compete agreements or covenants not to compete. However, so many of them…

In late February 2021, Sen. Katrina Shealy introduced a joint resolution in the South Carolina statehouse to bar the usage of Section 14(c) of the Fair Labor Standards Act (FLSA) when dealing with the question of pay for disabled workers. Passed in 1938, Sec. 14(c) allows employers who have obtained proper certification from the U.S.…

People in the United States are raised to believe that discrimination is always illegal. But can employment discrimination ever be legal? There are certain situations in which an employer can legally discriminate against a certain type of person or people with a certain characteristic. At its heart, a form of discrimination is only illegal if…