David Dubberly: Lawyer with Nexsen Pruet, LLC

David Dubberly

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Member
Columbia,  SC  U.S.A.
Phone803.253.8281

Peer Rating
 5.0/5.0
AV® Preeminent

Client Rating

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Practice Areas

  • Business Disputes
  • Economic Development
  • Employment & Labor Law
  • Employment & Labor Law Litigation
  • Immigration
  • International
  • Litigation
  • Startups - Innovation Team
 
University Bob Jones University, B.A., 1981
 
Law SchoolUniversity of South Carolina, J.D., 1984
 
Admitted1984, South Carolina; South Carolina all state and federal courts; U.S. Court of International Trade; U.S. Courts of Appeals for the Fourth, Sixth, and Federal Circuits
 
LanguagesSpanish
 
Biography

David E. Dubberly chairs the Firm's Employment and Labor Law Practice Group; he also co-chairs the Firm's International Law Team.

Mr. Dubberly helps companies with compliance, defense of government investigations, litigation, and mediation/arbitration.

In the employment area, he has extensive experience with trade secret/non-compete, whistleblower, OSHA, discrimination/harassment/retaliation, wage and hour, employment contract, immigration, and employee benefits cases. He also has extensive experience drafting employment and severance and related agreements.

In the international area, he has extensive experience with negotiating sales, supply, design, manufacturing, joint venture, distribution, agency, licensing, and related agreements, and with handling cases related to international commercial agreements.

Career Highlights

· Listed in Chambers USA: America's Leading Business Lawyers since 2004

· Listed in Best Lawyers in America since 2006

· Listed in South Carolina Super Lawyers since 2008

· Listed in Super Lawyers Corporate Counsel Edition since 2009

· Certified by the South Carolina Supreme Court as a Specialist in Employment and Labor Law since 1993

· Chair, South Carolina Supreme Court's Employment and Labor Law Specialization Advisory Board (2011; Member, 1995-1998 and 2005-2010)

· Former law clerk to the Honorable Curtis G. Shaw, South Carolina Court of Appeals

· Co-Chair, American Bar Association's International Law Section Employment Law Committee (2004-2005)

· Chair, American Bar Association's International Law Section Foreign Investment in the U.S. Committee (2001-2004)

· Chair, South Carolina Bar's Employment and Labor Law Section (1992-1993)

· Chair, South Carolina Bar's International Law Committee (1998-2001)

· Member, Central SC Alliance's Committee of 100 Board of Directors (1996-1999, 2011-)

· Member, Columbia Urban League Board of Directors (1987-1993)

News

77 Nexsen Pruet Attorneys Named to the 2014 Edition of Best Lawyers in America®
Nexsen Pruet is pleased to announce that 77 attorneys have been named to Best Lawyers in America for 2014.

Nexsen Pruet Ranked Among Top in the Carolinas; Legal Guide Recognizes Sixteen Attorneys and Six Practice Areas
Nexsen Pruet is pleased to announce its ranking in the 2013 edition of Chambers and Partners USA.

New Form I-9 Mandatory Use Required Beginning on May 7
Starting on May 7, 2013, all employers in the United States may only use the new Employment Eligibility Verification Form I-9 with a revision date of 03/08/13N to comply with employment eligibility verification requirements under the Immigration Reform and Control Act of 1986.

Nexsen Pruet Attorneys Recognized By Peers; Twenty-Eight Named to 2013 Super Lawyers® List for South Carolina
Nexsen Pruet is pleased to announce the attorneys who have been listed in the 2013 edition of South Carolina Super Lawyers®.

"The Law: New I-9 Form Shows More Changes May Be In Store For Employers"
MidlandsBiz features an article written by Employment and Labor Law attorneys David Dubberly and David Garrett.

"Sweet Carolina: South Carolina Opens Doors to the Worldwide Marketplace"
Nexsen Pruet attorney David Dubberly tells Global Trade magazine that "South Carolina has a long history of international trade going back centuries."

16 Nexsen Pruet Attorneys Listed in "Legal Elite of the Midlands" for 2012
Sixteen Nexsen Pruet attorneys have been listed in Columbia Business Monthly's 2012 "Legal Elite of the Midlands."

Nexsen Pruet Helps Employers Comply as Health Care Law Deadlines Loom
To help businesses comply with deadlines of the Patient Protection and Affordable Care Act (PPACA), Nexsen Pruet's Employment and Labor Law group is hosting seminars on September 25th in South Carolina and on October 3rd in North Carolina.

Nexsen Pruet Attorneys Named to the 2013 Edition of Best Lawyers in America®
Nexsen Pruet attorneys have been named to the Best Lawyers in America® list for 2013.

Nexsen Pruet Attorneys and Practice Groups Ranked Among Top in the Carolinas
Nexsen Pruet attorneys and practice areas have been recognized by a leading legal directory in both North and South Carolina.

Attorneys Recognized By Peers; Twenty-Four Named to 2012 Super Lawyers® List for South Carolina
Nexsen Pruet is pleased to announce that twenty-four attorneys have been listed in the 2012 edition of South Carolina Super Lawyers®.

Free Desk Reference for Carolina Employers
The firm's Employment and Labor Law Group produced the informational publication, which provides a general guide to some of the issues that human resources professionals and managers face on a daily basis.

"Social media in the workplace"
Charleston's The Post and Courier features an article entitled "Social media in the workplace; Employers must balance the benefits and pitfalls of online interaction" following a webinar hosted by Nexsen Pruet attorneys David Dubberly and William Floyd.

Webinar to Help Businesses Deal with Social Media
Social media can benefit businesses, but Facebook, Twitter and other sites are leading to new challenges for those who manage and supervise employees. What can you do when a worker complains on a social media page? Can bosses mandate how workers behave on-line? Nexsen Pruet will update businesses on these issues...

62 Attorneys Named to the 2012 Edition of Best Lawyers®
Nexsen Pruet is proud to announce that 62 of its attorneys have been named to the 2012 edition of Best Lawyers®.

"SC lawyers breakdown barriers with global networks"
South Carolina Lawyers Weekly asks attorney David Dubberly for insight into Nexsen Pruet's relationship with Mackrell International.

Nexsen Pruet Attorneys and Practice Groups Rated Among Top in the Carolinas
The newly released 2011 edition of Chambers USA lists fourteen attorneys as "Leaders in their Field" and gives high marks to the firm in six practice areas.

Nexsen Pruet Utilizes Global Network to Serve Clients
"Many of our clients need legal advice in multiple countries and they want a law firm that can assist them across the globe," said Dubberly, who co-chairs the Nexsen Pruet International Group. "Participating actively in Mackrell International makes it easier for us to provide immediate legal assistance just about anywhere Carolinas-based companies do business."

Nexsen Pruet Attorneys Recognized By Peers; Sixteen Named to 2011 Super Lawyers® List for South Carolina
Nexsen Pruet is pleased to announce that sixteen attorneys have been listed in the 2011 edition of South Carolina Super Lawyers®. Those attorneys practice in firm's Charleston, Columbia, Greenville and Myrtle Beach offices.

Firm Expands Employment and Labor Law Group; Jimmy Byars Joins Columbia Office As Associate
Nexsen Pruet is pleased to announce that Jimmy Byars has joined the firm as an associate. He will practice with the Employment and Labor Law Group in Columbia.

Magazine Names Twelve Attorneys to "Legal Elite" List
Twelve Nexsen Pruet attorneys have been listed in Greater Columbia Business Monthly's "Legal Elite" for 2010.

"What to expect with a S.C. OSHA inspection"
An article written by Nexsen Pruet's David Dubberly entitled "What to expect with a S.C. OSHA inspection" is featured in the September 20th edition of the Columbia Regional Business Report.

Fifty-nine Attorneys Selected for Best Lawyers in America®; Five Practice Areas Listed Among Top in the Carolinas
Nexsen Pruet is proud to announce that 59 of its attorneys have been named to the 2011 edition of Best Lawyers®.

"Small businesses in S.C. must verify work status starting July 1"
Nexsen Pruet's David Dubberly speaks to South Carolina Lawyers Weekly for an article entitled "Small businesses in S.C. must verify work status starting July 1."

Nexsen Pruet Attorneys and Practice Groups Rated Among Top in South Carolina
A leading legal directory has ranked Nexsen Pruet attorneys and practices among the top in South Carolina.

"Small firms to face hiring audits"
Nexsen Pruet attorneys Melissa Azallion and David Dubberly share insight into how new immigration audits will impact South Carolina businesses.

Nexsen Pruet Attorneys Recognized by Their Peers
Nineteen Nexsen Pruet attorneys have been named to the 2010 list of South Carolina Super Lawyers®.

COBRA Subsidy Extended and Expanded
On December 19, 2009, President Obama signed into law the Department of Defense Appropriations Act, 2010 (2010 DOD Act), part of which extends and expands the program that subsidizes continued health care coverage under COBRA for certain involuntarily terminated employees.

Nexsen Pruet Earns Designation as 'Midlands Green Business'
Nexsen Pruet has earned designation as a Midlands Green Business, joining other Columbia-area organizations that are committed to environmentally responsible practices in the workplace.

"Employers reconcile over immigration status audits"
South Carolina Lawyers Weekly interviewed Nexsen Pruet employment and labor law attorney David Dubberly after employers and the S.C. Department of Labor, Licensing and Regulation reach an agreement about immigration audits.

"State simplifies immigration audit process"
The Charleston Regional Business Journal features as article entitled "State simplifies immigration audit process." The article quotes Nexsen Pruet employment and labor law attorney David Dubberly.

Client Alert: SC Immigration Inspection Update
Nexsen Pruet recently conducted an Immigration Compliance and Enforcement webinar. During the webinar we stated that the South Carolina Chamber of Commerce ("Chamber") had helped resolve two of the main concerns raised by the way the South Carolina Department of Labor, Licensing, and Regulation ("LLR") had been carrying out immigration inspections to enforce the South Carolina Illegal Immigration Reform Act...

Employment Law Alert: Court Upholds Rule Requiring Federal Contractors to Use E-Verify
Removing what is likely the last hurdle to implementation, last week a U.S. District Court dismissed a lawsuit challenging implementation of the E-Verify Rule for federal contractors.

"Immigration audits concern businesses"
Nexsen Pruet attorney David Dubberly is interviewed for a Charleston Regional Business Journal article entitled "Immigration audits concern businesses."

Fifty-eight Attorneys Selected for Best Lawyers in America®
Fifty-eight Nexsen Pruet attorneys will be included in the 2010 edition of The Best Lawyers in America®.

Employment Law Alert - South Carolina Immigration Inspections: Is LLR Going too Far?
Is the South Carolina Department of Labor, Licensing and Regulation (LLR) going to far when checking to see if businesses are in compliance with the South Carolina Illegal Immigration Reform Act (the Act)?

Nexsen Pruet: Only Law Firm Listed for North and South Carolina in "Trade Allies" Directory
The new edition of Southern Business & Development magazine features the "1st Annual Trade Allies Directory." Nexsen Pruet is the only law firm listed in both North and South Carolina.

Client Alert - South Carolina Illegal Immigration Reform Act
Starting today, private employers in South Carolina with 100 or more employees must comply with the employment verification requirements of the South Carolina Illegal Immigration Reform Act.

Legal Directory Publisher Ranks Four Nexsen Pruet Practice Areas Among Top in State; Eleven Attorneys Rated for Excellence
The 2009 edition of Chambers USA ranks four of Nexsen Pruet's practice areas and eleven attorneys among the best in South Carolina.

David Dubberly Speaks at International Trade Conference
Nexsen Pruet attorney David Dubberly spoke today at the 36th Annual South Carolina International Trade Conference in Charleston. Dubberly led a seminar entitled "International Contracting and Dispute Resolution."

Twenty-Five Nexsen Pruet Attorneys Named Among South Carolina's Super Lawyers®
Twenty-five Nexsen Pruet attorneys have been named to the 2009 list of South Carolina Super Lawyers®.

David Dubberly Recognized in Super Lawyers® Corporate Counsel Edition; Only S.C. Attorney in International Law Category
Nexsen Pruet attorney David Dubberly has been selected as the only South Carolina attorney for inclusion in Super Lawyers® Corporate Counsel Edition in the practice area of international law.

Nexsen Pruet Video Featured on Website
The Employment Law Information Network features Nexsen Pruet on its website.

Video - "Employment Law: How Will the 2008 Election Impact You and Your Business?"
Employers can expect that efforts will be made to significantly change employment and labor laws and regulations over the next several months. Nexsen Pruet Employment and Labor Law attorneys David Dubberly, William Floyd, Cherie Blackburn and Mike Brittingham provide a briefing to help clients prepare for the changes.

Employment Law: How Will the 2008 Election Impact You and Your Business?
With the election of Senator Barack Obama as President, and the Democratic Party gaining seats in the House of Representatives and the Senate, employers can expect that efforts will be made to significantly change employment and labor laws and regulations over the next several months.

Nexsen Pruet to Host Panel Discussion on Doing Business in Latin America
Nexsen Pruet will host a luncheon and panel discussion entitled "Doing Business in a Changing Latin America: Trends, Challenges and Opportunities" on Friday, Oct. 24, at the Renaissance Charleston Hotel, 68 Meeting St.

45 Nexsen Pruet Attorneys Selected for Best Lawyers
Columbia, SC - Forty-five Nexsen Pruet attorneys will be included in the 2009 edition of The Best Lawyers in America®. The publication also ranks Nexsen Pruet #1 in eleven practice areas in South Carolina and three in North Carolina.

Legal Directory Publisher Ranks 11 Nexsen Pruet Attorneys for Excellence; Four Practice Areas Rated Among Top in State

18 Nexsen Pruet Attorneys Named Among South Carolina's "Super Lawyers"

38 Nexsen Pruet Attorneys Names To "The Best Lawyers in America 2008"
Thirty-eight attorneys from Nexsen Pruet, LLC were recently selected by their peers for inclusion in The Best Lawyers in America® 2008 - including six who have now earned the honor for 10 years or more.

Legal Publisher Recognizes Ten Nexsen Pruet Attorneys For Excellence; Three Practices Areas Again Rated No. 1
Ten Nexsen Pruet attorneys have been named among the top legal practitioners in their fields in the 2007 edition of the Chambers USA Guide, and three of the firm's practice areas were rated No. 1 in South Carolina.

32 Nexsen Pruet Attorneys Named to 2007 Edition of "Best Lawyers in America"
Thirty-two attorneys from Nexsen Pruet, LLC have been named to the 2007 edition of Best Lawyers in America - including six who have now earned the honor for 10 years or more.

Americans with Disabilities Act UPDATE - Employment Law Briefing Covers Recent Developments
Employers constantly struggle with how to apply important ADA requirements to day-to-day issues that arise in the workplace. Please join us for a free breakfast briefing for employers about recent developments under the ADA.

Legal Publisher Recognizes Eight Nexsen Pruet Attorneys For Excellence; Three Practices Areas Rated No. 1
Eight Nexsen Pruet attorneys have been named among the top legal practitioners in their fields in the 2005-2006 edition of Chambers USA.

Publications

Immigration Alert: E-Verify Is Currently Unavailable
As of October 1, 2013, employers will not be able to access their E-Verify accounts because of the federal government's partial shutdown.

Newsletter: Exchange Notice to be Delivered to All Employees by October 1, 2013
As part of the ongoing compliance efforts related to the Patient Protection and Affordable Care Act (PPACA), employers who are subject to the federal Fair Labor Standards Act (FLSA) must provide notice to their employees of the existence of health insurance exchange marketplaces no later than October 1, 2013.

Obesity as a Disability Under the ADA: Is it More Likely Now Than Before?
In July, the American Medical Association (AMA) adopted a new policy that officially labels obesity as a disease, "requiring a range of medical interventions to advance obesity treatment and prevention."

Two Supreme Court Rulings Improve Employer's Ability to Defend Against Harassment, Retaliation Claims
On June 24, 2013, the U.S. Supreme Court handed down two critical decisions regarding Title VII of the Civil Rights Act, which improve an employer's ability to defend against employee claims of harassment and retaliation.

Employment Law Update: Background Becomes Battleground
The Equal Employment Opportunity Commission recently filed federal lawsuits against Dollar General and a BMW manufacturing plant in South Carolina based on the EEOC's revised guidance concerning use of criminal background checks.

To Pay or Not to Pay? The Test for the Unpaid Intern
As the end of another academic year approaches, college students across the country are seeking summer employment opportunities.

FMLA's Twentieth Birthday
On February 5, 2013, the Family and Medical Leave Act turned 20 years old. Coinciding with this milestone, the U.S. Department of Labor has issued a new final rule, which codifies further additions and revisions to the FMLA. This newsletter highlights some of the changes.

New I-9 Form Shows More Changes May be in Store for Employers
On March 8, 2013, U.S. Citizen and Immigration Services (USCIS) published a new two-page version of Form I-9, together with six pages of instructions. This article explains some of the notable features of the revised Form I-9.

Update: Noncompete Agreements in SC are Worth More Than the Paper They're Written On
In light of the restrictive nature with which South Carolina courts have historically viewed noncompetition agreements, many people assume they are not enforceable and, in essence, "not worth the paper they're written on." However, in January of this year, the South Carolina Court of Appeals upheld a physician's noncompetition agreement and expanded the scope of enforceable noncompetition agreements in this state.

S.C. Supreme Court Upholds Confidentiality and "Holdover" Inventions Assignment Clauses in Employment Agreement
David Dubberly breaks down a significant South Carolina Supreme Court ruling about invention assignment clauses in employment agreements.

Employment Law Update: U.S. Supreme Court Set to Define "Supervisor" for Purposes of Title VII
The U.S. Supreme Court recently heard arguments in a case that could have a significant impact on employer liability. Specifically, as the result of an appeal in Vance v. Ball State University, et al, 646 F.3d 461 (7th Cir. 2011), the Court is poised to decide who qualifies as a "supervisor" for purposes of liability under Title VII of the Civil Rights Act.

Justice Department and SEC Issue Guidance on Anti-Bribery Law
Employment and Labor Law attorney David Dubberly addresses the Department of Justice and the Securities and Exchange Commission's "resource guide" to the U.S. Foreign Corrupt Practices Act.

New Federal Law Increases Trade Secret Protection
Nexsen Pruet Employment and Labor Law attorney David Dubberly discusses the Theft of Trade Secrets Clarification Act, which amends and expands the Economic Espionage Act (EEA).

2012 Employment and Labor Law Final Exam Answer Key
We received a great response to the 2012 Employment and Labor Law Final Exam. Thanks to all of our clients and friends who participated this year.

S.C. Supreme Court Upholds Confidentiality and "Holdover" Inventions Assignment Clauses in Employment Agreement
In its most significant employment law decision of 2012, Milliken & Co. v. Morin, the South Carolina Supreme Court addressed the enforceability of provisions in an employment agreement designed to protect the employer's intellectual property from unfair competition.

2012 Employment and Labor Law Final Exam
As 2012 comes to a close, it is time to put your employment and labor law knowledge to the test with Nexsen Pruet's second annual final exam. We will send out answers to the exam in two weeks.

Employment Law Update: Employers Face FCRA Update Deadline of January 1, 2013
Effective January 1, 2013, there is a new form that employers must provide prospective or current employees when conducting background checks subject to the Fair Credit Reporting Act (FCRA).

Employment Law Update: Recent Cases Address Employer Efforts to Protect Confidential Information
In recent months, both the Fourth Circuit Court of Appeals, which has jurisdiction over federal cases in North and South Carolina, and the South Carolina Supreme Court have addressed the issue of protecting trade secrets and confidential information.

Employment Law - Business Immigration Update
Over the past few months, there have been several immigration developments that could have a significant impact on businesses in North and South Carolina. This update summarizes the key developments for employers.

Employment Law Update - Employers Beware: NLRB Challenges Established HR Practices
The National Labor Relations Board (NLRB) has issued a number of recent opinions questioning and, in some instances, invalidating common employer practices and policies on the grounds of protecting employee rights under Section 7 of the National Labor Relations Act (NLRA). The impact of these decisions on handbook disclaimers and investigative procedures is addressed below.

Employment Law Update - Patient Protection and Affordable Care Act: Upcoming Deadlines Require Employer Action
After months of anticipation and seemingly endless public debate, the U.S. Supreme Court announced its decision upholding the key individual mandate provision of the Patient Protection and Affordable Care Act (PPACA). While the significance of the decision cannot be overestimated, the real import is its practical effect on employers.

New Rule Makes "Reasonable Factors Other Than Age" Defense More Difficult for Employers
On March 29, the Equal Employment Opportunity Commission issued a final rule making it more difficult for employers to establish a "reasonable factor other than age" defense for disparate impact claims under the Age Discrimination in Employment Act.

Recent Guidelines for Employers of Active Duty & Veteran Service Members
The Equal Employment Opportunity Commission (EEOC) has issued timely and relevant guidance for employers addressing protections afforded veterans under the Uniformed Services Employment and Reemployment Rights Act (USERRA) and the Americans With Disabilities Act (ADA).

Akerman/Mackrell International Latin American Business Initiative
Nexsen Pruet attorney David Dubberly told members of an international law firm network about the Carolina's economy, which has grown to become the 19th largest in the world -- behind Indonesia and ahead of Switzerland.

Keep Your Ears Peeled: Employment Law Update on the FLSA's "Anti-retaliation" Provision
In this issue we describe and discuss a recent federal appeals court decision concluding that internal complaints about pay may be protected by the FLSA's anti-retaliation provision.

Employment Law Update: Romance in the Workplace: You, Me and our Employer?
As Valentine's Day approaches, here are some interesting facts for employers to consider.

Recent Ruling that Class Action Waivers are Illegal Shows NLRB Remains Active
On January 3, 2012, the National Labor Relations Board (NLRB) ruled that a class action waiver in a mandatory employment arbitration agreement is illegal.

I-9 Compliance: Avoiding Traps of New Federal Security Features
A redesigned federal document is leading to confusion as businesses try to comply with the I-9 requirement.

Employment Law Update - January 2012
As employers plan for 2012, the inherent risk posed by departing employees presents an opportunity to reevaluate measures used to protect confidential information and trade secrets from the high cost of misappropriation.

NLRB Delays Requirement for Employers to Post Pro-Union Notice
On August 25, 2011, the National Labor Relations Board (NLRB) issued regulations requiring virtually all employers to post a large notice to employees informing them of rights under the National Labor Relations Act (NLRA), particularly their right to unionize. Employers must post the notice beginning April 30th, 2012.

Employment Law Update - December 2011
The EEOC is processing a record number of charges and collecting record settlement amounts. It is pursuing an aggressive systemic enforcement program and focusing on hiring issues. In this edition we discuss what the EEOC is doing and some of the implications for employers.

2011 Employment and Labor Law - Final Exam Answer Key
Last week's final exam generated tremendous response from Nexsen Pruet clients and friends. Congratulations to our winners.

2011 Employment and Labor Law - Final Exam
It's time to test your knowledge of the current state of employment and labor law.

Despite Lawsuit, Immigration Enforcement Set to Resume in S.C.
Regardless of what happens with a recently filed lawsuit, state regulators plan to begin enforcement of employment law provisions that take effect New Year's Day....

Pro-Union NLRB Presents Challenges to Employers: Employment Law Update - October 2011
Recent pro-union decisions and proposed rules by the NLRB pose challenges for employers.

Wrongful Discharge Claims Limit Employment At-Will Doctrine in North and South Carolina: Employment Law Update - September 2011 Supplemental
Employment in North and South Carolina is at-will, which generally means an employer can terminate an employee at any time without notice. However, both states have long-recognized exceptions to the employment-at-will doctrine, including provisions that an employee cannot be discharged for reasons that contravene the "public policy" of the state.

On the Hook: Company Owners and Managers At Personal Risk for Unpaid Employee Wages
If a company does not timely pay all wages due to an employee, the South Carolina Payment of Wages Act (SCPWA) allows the employee to file a lawsuit for three times the amount of unpaid wages, plus court costs and attorneys fees. The lawsuit for unpaid wages can be filed not only against the company, but also against agents and officers who permit the company to violate the SCPWA.

Employment Law Update - August 2011 Supplemental
This edition is about a United States Supreme Court decision that illustrates the importance of using clear wording when drafting employee invention assignment agreements.

Employment Law Update - August 2011
South Carolina and North Carolina have passed state immigration laws mandating employment verification and imposing penalties for failure to comply.

Employment Law Update - July 2011
Employers are increasingly disciplining workers over misuse of social media. At issue in so-called "Facebook Firing" cases is whether terminating employees for making disparaging online posts, and having policies prohibiting such posts, violates federal labor law.

Employment Law Update - June 2011
This edition analyzes the EEOC's new final regulations implementing the Americans with Disabilities Act Amendments Act of 2008.

Employment Law Update - May 2011
The United States Supreme Court recently ruled that the anti-retaliation provision of the Fair Labor Standards Act (FLSA) extends to an employee's oral complaints.

Looking to hire? Be careful with non-compete deals
This article was featured on MidlandsBiz.com in May of 2011.

International Law Update
Appeals court says international contract requires litigation in England.

Employment Law Update - April 2011
In a unanimous decision, the U.S. Supreme Court recently ruled that an employer can be held liable for employment discrimination based upon the discriminatory animus of a supervisor who influenced, but did not make, the ultimate employment decision.

Employment Law Update - March 2011
A new U.S. Supreme Court decision allows third-party retaliation claims under Title VII.

Employment Law Update - February 2011
This edition reviews inclement weather wage and hour issues.

"Legal Aspects of Distribution Agreements in Colombia"
On January 31, Nexsen Pruet attorney David Dubberly spoke to a group of SC and NC companies that are considering participating in a U.S. Department of Commerce-sponsored trade mission to Colombia. Dubberly's topic was "Legal Aspects of Distribution Agreements in Colombia."

Employment Law Update - January 2011
Pregnancy discrimination claims are on the rise; and the NLRB proposes a mandatory pro-union poster for all employers.

Employment Law Update - December 2010
New final regulations under the Genetic Information Nondiscrimination Act were published by the EEOC in November and will take effect January 10, 2011.

Employment Law Update - November 2010
This edition addresses the enforceability of non-competition agreements in the Carolinas.

Employment Law Update - October 2010
This edition focuses on a recent lawsuit brought by the EEOC on behalf of an applicant who claims his employer discriminated against him because of his religion in violation of federal law. The applicant requested the employer make an exception to its grooming policy for religious reasons. The article also mentions steps employers can take to minimize the risk of religious discrimination claims.

Employment Law Update - September 2010 Supplemental
Part two of a two-part OSHA Update describing what employers can expect in connection with an inspection conducted by South Carolina OSHA and how to contest citations.

Employment Law Update - September 2010
The U.S. Supreme Court continues to issue rulings favorable to arbitration agreements in the employment setting.

Employment Law Update - August 2010 Supplemental
Part one of a two-part OSHA Update describing what employers can do to prepare for an inspection conducted by South Carolina OSHA.

Employment Law Update - August 2010
This edition of the newsletter summarizes a Fact Sheet issued by the U.S. Department of Labor (DOL) setting out the agency's view of unpaid internships.

Employment Law Update - June 2010
This edition reviews a recent decision by the Fourth Circuit federal appeals court examining who is a "supervisor" for purposes of holding a company liable for sexual harassment conduct by a supervisor.

"Small businesses beware: S.C.'s illegal immigration crackdown enters new phase"

Employment Law Update - May 2010
On March 30, 2010, Governor Sanford signed legislation restructuring, and renaming, the South Carolina Employment Security Commission, and amending the state's employment security law. This month's update describes some of the changes that have taken place at the agency and in the benefits claims process.

Employment Law Update - April 2010
Employer wins ADA suit brought by medical intern who could not perform the essential functions of his job with or without a reasonable accommodation.

Employment Law Alert: The HIRE Act and FICA Taxation of Severance Benefits
Hiring for the HIRE Act: Federal Legislation Offers Substantial Incentives for Bringing on New Workers and Important New Development Affecting FICA Taxation of Severance Benefits

Employment Law Update - March 2010
This edition describes new audit initiatives by the IRS and DOL that focus on potential misclassification of workers as independent contractors when they are, in fact, employees, as well as potential misclassification of employees as exempt from wage and hour laws when they do not meet the requirements for exempt status.

Employment Law Update - February 2010
This month's Employment Law Update addresses some of the legal risks associated with employee use of blackberries and cell phones after work hours or while driving.

Employment Law Update - January 2010
As the new year gets underway, the January edition of the Update discusses four resolutions employers will want to consider.

COBRA Subsidy Extended and Expanded
On December 19, 2009, President Obama signed into law the Department of Defense Appropriations Act, 2010 (2010 DOD Act), part of which extends and expands the program that subsidizes continued health care coverage under COBRA for certain involuntarily terminated employees....

Employment and Labor Law: 2009 Rewind
As we approach the end of 2009, we look back, scratch our heads, and ask, "What Happened"?
Topics covered include:
ADA protections expanded
Immigration requirements and inspections increased
Miltary leave broadened
EEO poster revised
Other important legal changes this year

Employment Law Update - December 2009
This edition addresses employment law issues arising from employee and employer use of online social networking sites.

Managing the Holidays
Employers who fail to consider holiday-related legal issues may end up having a blue Christmas. In addition to sugarplums, below are two issues to ponder as the holiday season approaches: the office party and holiday pay and time off.

Employment Law Update - October 2009
This edition focuses on the EEOC's recent publication that addresses waivers of discrimination claims in employee severance agreements; the EEOC reminds employers and employees about requirements for valid and enforceable releases, especially when the releases are for employees age 40 and older.

Immigration Compliance and Enforcement Update
U.S. Immigration and Customs Enforcement (ICE) and S.C. Department of Labor, Licensing and Regulation (LLR) inspectors are calling on employers daily to audit compliance with federal and state immigration requirements. And the mandatory E-Verify Rule for Federal Contractors is scheduled to go into effect on September 8, 2009. Are you ready?

Employment Law Alert: Court Upholds Rule Requiring Federal Contractors to Use E-Verify
Removing what is likely the last hurdle to implementation, last week a U.S. District Court dismissed a lawsuit challenging implementation of the E-Verify Rule for federal contractors.

Employment Law Update - August 2009
This edition focuses on three Department of Labor opinion letters that address how cost-cutting strategies like mandatory furloughs and reduced workweeks may affect an employee's exempt status under the Fair Labor Standards Act. It also updates pending North Carolina legislation that, if passed, would require private sector employers to use E-Verify to check the legal status of new hires.

Employment Law Update - July 2009
This edition discusses the U.S. Supreme Court's Gross v. FBL Financial Services, Inc. decision, which recognized a more stringent standard of proof for employees bringing claims under the federal Age Discrimination in Employment Act (ADEA). According to the Court, a plaintiff asserting a disparate-treatment claim under the ADEA must prove that age was the "but-for" cause of an adverse employment action, as opposed to a mere "motivating factor."

Employment Law Update - June 2009 Supplemental
Starting July 1, 2009, private employers in South Carolina with 100 or more employees must comply with the employment verification requirements of the South Carolina Illegal Immigration Reform Act.

Employment Law Update - June 2009
This edition focuses on recent court decisions striking down restrictive covenants for being overly broad and highlights the need to narrowly tailor non-compete and non-solicitation agreements.

International Contracting and Dispute Resolution
Nexsen Pruet attorney David Dubberly spoke at the 36th Annual South Carolina International Trade Conference in Charleston on May 26th. Dubberly led a seminar entitled "International Contracting and Dispute Resolution."

Employment Law Update - May 2009
This edition explains why many employers are seeking privileged legal compliance reviews of their compensation practices and documentation in the aftermath of the Lilly Ledbetter Fair Pay Act.

Employment Law Update - March 2009
This edition describes the recently enacted Ledbetter Fair Pay Act, which extends the time period in which employees can pursue pay discrimination claims.

Employment Law Update - February 2009 - Special COBRA Edition
The economic stimulus law signed by President Obama on February 17, 2009, contains significant changes to COBRA, providing for a premium subsidy for eligible employees and also giving eligible individuals another chance to elect COBRA.

Employment Law Update - February 2009
This edition summarizes laws and issues that can impact Carolinas employers when downsizing or otherwise reducing payroll or schedules.

Employment Law Update - January 2009
This edition summarizes key provisions of the new FMLA regulations, which will require substantial changes in employer policies and practices.

Video - "Employment Law: How Will the 2008 Election Impact You and Your Business?"
Employers can expect that efforts will be made to significantly change employment and labor laws and regulations over the next several months. Nexsen Pruet Employment and Labor Law attorneys David Dubberly, William Floyd, Cherie Blackburn and Mike Brittingham provide a briefing to help clients prepare for the changes.

Employment Law Update - December 2008
2009 promises to bring many changes and challenges for employers and their human resources departments. This edition identifies employment and labor law compliance issues that can be addressed through audits and employee surveys, as well as policy reviews and training.

Employment Law Update - November 2008
The EEOC has published new guidelines on religious discrimination.

Employment Law Update - October 2008
This edition summarizes the ADA Amendments Act (ADAAA), which expands the protections against discrimination based on disability included in the Americans with Disabilities Act (ADA). The ADAAA in effect overrules U.S. Supreme Court decisions that narrowly interpreted the ADA.

Employment Law Update - August 2008
Misclassifying workers as independent contractors when they are really employees can result in significant tax and other legal liabilities. This edition discusses the factors that apply in determining whether or not a worker can be properly classified as an independent contractor.

Employment Law Update - June 2008
The South Carolina Illegal Immigration Reform Act, signed into law by Gov. Sanford on June 4,2008, changes the legal landscape for employers doing business in the State by imposing new employment verification requirements and establishing penalties for noncompliance.

Employment Law Update - May 2008
This edition provides tips to help employers evaluate employment practices liability insurance policies.

International Law Update
This edition provides tips on anticipating and resolving disputes with international customers and suppliers.

2 Videos About Employment Issues

Employment Law Update - March 2008
The federal appeals court with jurisdiction over the Carolinas concludes that claims by employees that are directly covered by the FLSA-such as overtime pay claims-must be brought under the FLSA and cannot be brought under state law causes of action that make it easier to sue and to recover punitive damages.

Employment Law Update - February 2008 - Special FMLA Edition
On January 28, 2008, President Bush signed into law the National Defense Authorization Act for Fiscal Year 2008 (NDAA), which contains a provision amending the Family and Medical Leave Act (FMLA) for the first time since the FMLA was enacted in 1993. The NDAA amendment expands the FMLA for employees in military families.

Employment Law Update - February 2008
This edition analyzes a recent lawsuit in which an employer accused a former employee of taking its customer lists and using them to compete with the employer. This edition also summarizes OSHA's new rule requiring employers to provide certain protective equipment to employees at the employer's expense.

Employment Law Update - January 2008
This edition analyzes the recent decision of the National Labor Relations Board upholding an e-mail policy that prohibited employees from using the employer's e-mail system to send "non-job-related solicitations." This Update also contains a Benefits Alert describing a new Equal Employment Opportunity Commission rule allowing employers to coordinate retiree health plans with Medicare.

Employment Law Update--December 2007 Special Immigration Edition
This edition gives a status report on the Department of Homeland Security's rule, announced in August 2007, addressing what employers should do upon receipt of a "no-match" letter from the Social Security Administration. Implementation of the rule was recently enjoined by a federal judge, and DHS is working on a revised rule. The article goes on to provide pointers on what employers can do in response to no-match letters pending publication of the revised rule.

Employment Law Update - December 2007
The end of the year and the accompanying holidays often bring requests by employees for time off for the religious observances and requests to display religious symbols at work.

Employment Law Update - August 2007
On July 3, 2007, a divided panel of the U.S. Court of Appeals for the Fourth Circuit reinstated a decision it rendered in 2005, but later vacated, that employers cannot enforce a release of claims under the Family and Medical Leave Act (FMLA) unless the release has been approved by a court or the U.S. Department of Labor (DOL).

Employment Law Update - April 2007
Are you tired of skyrocketing insurance costs? Do you control these costs without cutting back on the benefits your employees receive? Are you interested in making your employees more accountable for their health and the impact their health has on your insurance costs?

Employment Law Update - March 2007
With the political shift in Congress, several important labor or employment laws may change significantly.

Employment & Labor Law Desk Reference For The Carolinas

Employment Law Update - February 2007
In Ross v. Ligand Pharmaceuticals, Inc (Dec. 21, 2006), the South Carolina Court of Appeals ruled that an employer's incentive compensation plan violated the South Carolina Payment of Wages Act because the plan did not provide a date certain when incentive payments would be made.

Employment Law Update - January 2007
Amendments to Rule 26 of the Federal Rules of Civil Procedure pertaining to the exchange of electronic data during course of litigation went into effect on December 1, 2006.

Employment Law Update - November 2006
National Labor Relations Board's Recent Decision May Mean More "Supervisors" for Hospitals and Other Employers

Employment Law Update - October 2006
On August 17, 2006, President Bush signed the 900-plus page Pension Protection Act of 2006 ("PPA"), putting in place many reforms to federal tax and employee benefit laws intended to strengthen the nation's private employer retirement system.

Employment Law Update - September 2006
General Statement to Human Resources May Put Employer On Notice of Sexual Harassment By Co-Worker.

Employment Law Update - August 2006
U.S. Supreme Court Expands Anti-Retaliation Provision of Title VII

Unemployment Compensation in South Carolina
New for 2006! A detailed guide to one of the most complicated and confusing areas of employment law - unemployment compensation.

Employment Law Update - June 2006
Recent Decisions Highlight Importance Of Background Checks for Employers

The New South Carolina Employee Handbook Law: Frequently Asked Questions
The new law specifies under what circumstances employee handbooks as well as personnel manuals, policies, and other documents may not be considered contracts of employment.

Presentations

David Dubberly presented "Workplace Investigations: Confidential or not?" to the Fairfield County Chamber of Commerce and Fairfield Economic Development agency on March 12, 2013.

David Dubberly presented "Trade Secret Theft by Employees - New Risks, New Ways to Fight Back" during a Society of Human Resources Management legal update on April 18, 2013.

Events

Employment Law Webinar: Employee vs. Independent Contractors

Bring Your Own Device and Other HR Data Policies

Webinar: Social Media Policies and Employee Facebook Complaints

The Latest Labor and Employment Law Developments: An Update for Human Resources and Business Professionals

Employee Facebook Complaints and Social Media Policies Webinar

Employment Law Quarterly Breakfast Briefing

Webinar: Workplace Immigration Enforcement Update

Employment and Labor Law Webinar: 2009 Rewind

Employment Law Quarterly Breakfast Briefings

Webinar: Immigration Compliance & Enforcement Update

Post-Election Update: Labor & Employment Issues

Federal and State Immigration Worksite Enforcement

Starting Off Right: Helpful Tips for Interviewing and Hiring

Quarterly Employment Law Breakfast Briefing - January 2007: Protecting Your Company's Secrets

Quarterly Employment Law Breakfast Briefing - October 2006: Immigration Law - Is Your Business in Compliance?

Quarterly Employment Law Breakfast Briefing - ADA Update - May 2006

Quarterly Employment Law Breakfast Briefing - January 2006

Civic & Professional Memberships

· American Bar Association

· Greater Columbia Chamber of Commerce, Committee of 100

· Columbia Urban League

· Leadership South Carolina Alumni Association

· Leadership Columbia Alumni Association

· Midlands International Trade Association

· South Carolina District Export Council

 
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Supreme Court Expands Sarbanes-Oxley Whistleblower Protection to Employees of Private Companies
David Dubberly, April 23, 2014
In 2002, after corporate fraud at Enron led to the company's collapse, Congress passed the Sarbanes-Oxley Act (SOX). Under SOX's main whistleblower protection provision, an employee of a publicly traded company who claims retaliation for "blowing the whistle" on fraudulent conduct or...

EEOC Lawsuit Challenges Commonly Used Language In Severance Agreements
David Dubberly, February 24, 2014
On February 7, 2014, the Equal Employment Opportunity Commission (EEOC or Commission) sued CVS Pharmacy Inc. in federal court in Chicago to invalidate the company’s standard severance agreement. The lawsuit raises concerns because it attacks language that employers commonly use in severance...


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David Dubberly

1230 Main Street, Suite 700
ColumbiaSC 29201




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