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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…

On February 25, 2021, the House of Representatives proposed the Equality Act. If passed, the act would amend Title VII of the Civil Rights Act of 1964 to bar discrimination based on sexual orientation and gender identity. As of this writing, the bill has not yet gone for a vote in the Senate, but if…

There are many ways that employers can discriminate against their employees, but one of the least seen tactics is to refuse to compensate an employee because of an inherent characteristic. For example, paying workers of color less or outright withholding wages they would be entitled to, solely because they’re not white. Wage and hour claims…

In this day and age, almost everyone has at least one form of social media profile. Since there are few immediate consequences for anything you say on social media (with rare exceptions), it can feel like a private echo chamber, where you can be as honest—and as potentially offensive—as you want. However, too often, your…

Filing a charge of employment discrimination in South Carolina is a significant decision. It shows that internal means of dispute resolution have failed and you’re ready to pursue outside remedies. It also means that there’s no going back, for good or ill. Still, in many situations, it’s the only way to get any measure of…

In early February 2021, the Human Rights Campaign (HRC) released its annual Equality Index, which analyzes each U.S. state’s progress and rating on how close they are to achieving legal equality for LGBTQ+ people. The index analyzes both laws passed and any proposed bills (for example, the anti-trans bills proposed in several state legislatures dealing…

In October 2020, the U.S. Justice Department reached a settlement with Security Management of South Carolina LLC, which is a private security company for hire throughout South Carolina and Georgia. The case against them resulted from allegations that Security Management revoked a conditional job offer from a naturalized U.S. citizen on the basis of his…

In this day and age, all forms of racism are becoming more and more frowned upon in the workplace, as they should have been a long time ago. However, while many companies are embracing diversity and equity, others are simply engaging in more subtle forms of race-based discrimination. When racism in the workplace is subtle,…