South Carolina Lawyers Weekly

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 ...

The former headmaster of a faith-based school founded by a bestselling novelist, whose employment and defamation claims were rejected by the trial court and jury, failed to show the court committed error by refusing to allow certain testimony, imposing a ...

Where a patent attorney who was a shareholding partner and equal owner of the firm, was compensated according to the firm’s profits and losses, enjoyed a high degree of independence and could only be terminated by a majority of the ...

Where fire battalion chiefs argued they were covered by a “first responder regulation,” which required they be paid overtime, because their primary duty was management and not front line firefighting, the first responder regulation was inapplicable. A review of their ...

Where restaurant employees claimed that tips and automatic gratuities could not be considered in determining whether their employer met its obligations under the Fair Labor Standards Act, or FLSA, it was error to apply a statutory exemption—29 U.S.C. § 207(i)—to ...

Where the employer granted several accommodations to an employee after his knee surgery, including limiting walking to four hours per day and work to eight hours per day and allowing the use of a motorized scooter, but the employee instead ...

Despite a faculty manual’s declaration on nearly every page that “This is not a contract of employment,” the manual did in fact constitute the employment contract between the defendant-college and its tenured professors, including plaintiff. The college president decided to ...

Where a former deputy commonwealth’s attorney brought a claim under the 14th Amendment’s Equal Protection Clause claiming she was fired in retaliation for reporting alleged sex discrimination, her claim was dismissed because the Equal Protection Clause cannot sustain a pure ...

Allegations that a 401(k) plan sponsor and management committee ignored an imprudent single-stock fund for several years was sufficient to support claims for breaches of the fiduciary duties of prudence and diversification imposed by the Employee Retirement Income Security Act ...