South Carolina Lawyers Weekly

When timing is the only basis for a claim of retaliation, and when gradual adverse job actions began well before the plaintiff had ever engaged in any protected activity, an inference of retaliation does not arise. Since plaintiff’s supervisor began ...

Tagged with: Labor and Employment

Where a high school drama teacher alleged the school board failed to pay him for his tech work because of his race, but he had been paid a theater director supplement and he did not allege that any other performing ...

Where unions sued a construction company for liquidated damages after it made a series of tardy payments to an employee health and welfare fund, the court joined three other circuits in holding that punitive damages are not recoverable in cases ...

Where an employee confirmed in his deposition testimony that he had been “unable to work” since his relapse and failed to suggest a reasonable accommodation that would have allowed him to do so, his employer prevailed on wrongful termination and ...

Where an Indian doctor alleged that she was denied privileges because of her race, but her complaint contained only vague and conclusory allegations that the hospital denied other physicians of Indian descent clinical privileges before or had a different peer ...

Where a woman alleged that she was underpaid for non-overtime hours during weeks in which she also worked overtime, the district court erred in granting her employer judgment on the pleadings. In accordance with the Department of Labor’s interpretation of ...

Where the owner of a company sold his shares to the employee stock ownership plan, or ESOP, but the ESOP paid an inflated price for the shares, the owner was liable for the price difference. But, because he forgave certain ...

In response to questions certified by the federal district court, we hold that (1) terminable-at-will employment relationships are contractual in nature as a matter of law, (2) the implied covenant of good faith and fair dealing arises in the context ...

Where an employee alleges she was paid less than male comparators, courts should only consider an employee’s base salary or wage rate, and not additional compensation like commissions. Background This appeal arises from the district court’s grant of summary judgment ...

Where employees constructing a nuclear station alleged the owner violated the Worker Adjustment and Retraining Notification, or WARN, Act when it halted construction at the facility, the owner wasn’t liable because it wasn’t the plaintiffs’ employer. Background In 2017, SCANA, ...