South Carolina Lawyers Weekly

Where the Worker Adjustment and Retraining Notification, or WARN, Act applies only if the company employed 100 or more full-time employees on the date the first notice was required, and the undisputed evidence was that the government contractor employed fewer ...

Where the manufacturing company posted notices about then-ongoing negotiations with the union, but did so in a straightforward manner that expressed its position without directly or indirectly soliciting employee action, it did not commit an unfair labor practice. Background Tecnocap ...

Where there was no existing “job sharing” position available for the pharmaceutical sales representative in the district, the company had no duty to create one in order to reasonably accommodate her disability. Although the company had previously permitted her to ...

Where an employee of the York County Sheriff’s Office was terminated after he disclosed confidential information about an ongoing investigation into an inmate’s death to his wife, who worked at a local news station and then lied to internal investigators ...

In a case of first impression, the court joined other circuits in holding that, while the Supreme Court in Oncale v. Sundowner Offshore Services, 523 U.S. 75 (1998), identified three evidentiary routes for employees to prove they are victims of ...

Although the Nuclear Regulatory Commission, or NRC, is obligated to not retaliate against whistleblowers, because the statute allows suits against a “person,” and the NRC is not a “person,” the NRC was immune from a whistleblower suit. Background Dr. Michael ...

In a case of first impression, the court held that where an employer transfers an employee from a position they could perform if provided with reasonable accommodations to a position they do not want, that could support a failure-to-accommodate claim. ...

Where an employee of the Drug Enforcement Administration was terminated because he refused to participate in a DEA internal investigation, not because of his Coast Guard service, his claims under the Uniformed Services Employment and Reemployment Rights Act of 1994, ...

In a case of first impression, a private party is entitled to assert the good-faith defense to liability under § 1983. As such, unions that collected representation fees from nonunion teachers prior to the Supreme Court holding such fees were ...

Where civil immigration detainees who were awaiting immigration hearings participated in a voluntary work program for which they were paid between $1 per day and $15 per week, their minimum wage bid failed because they are not “employees” within the ...