Practice/Industry Group Overview
Nexsen Pruet has one of the largest, most experienced Employment and Labor Groups in the Carolinas. With more than 25 attorneys, we provide a comprehensive range of services including advice and counsel, training, and litigation of claims before administrative agencies and in state and federal courts.
We believe the best way to defend against employment and labor disputes is to avoid them, so we also assist clients through proper planning, management training, development of effective policies and practices, and audits that expose potential issues and shape appropriate responses. At the same time, however, our attorneys have the litigation skills to aggressively pursue any matter through trial when it is in the best interests of the employers we represent.
Complete capabilities in multiple areas
Nexsen Pruet's Employment and Labor Group represents management in both union and non-union environments. We have successfully handled matters involving all aspects of the employment relationship, including:
- Arbitrations and mediations
- Business immigration
- Discrimination, retaliation, and harassment claims
- Employee benefits design and administration
- Employee benefits litigation
- Executive contracts and compensation
- Family and Medical Leave Act issues
- Individual employee and class action suits
- Occupational safety and health
- Reductions in force and plant closings
- Trade secret protection and litigation
- Union representation elections and unfair labor practices
- Wage and hour compliance and litigation
- Whistleblower investigations and lawsuits
As Nexsen Pruet has grown, we have applied new technologies that leverage our resources without increasing expense. We continue to reinforce a firm-wide commitment to providing the best, most professional service at the greatest possible value.
Accomplished employment attorneys
Eight members of the group are listed in Best Lawyers in America® and similar surveys, and more than half of the group members have earned the highest possible ranking for legal ability and professionalism.
Nexsen Pruet's Employment and Labor Law attorneys have considerable courtroom experience. We have successfully defended employers in state and federal courts in the Carolinas and also in other regions of the country.
Services that educate and protect
At Nexsen Pruet, we understand that litigation costs significant time and money and distracts organizations from their missions. Our Employment and Labor attorneys, whose overriding goal is to recognize and prevent potential problems before they result in a claim, help clients develop employment policies and training programs, and devise solutions to complex personnel situations.
Full service, full resources
Because Nexsen Pruet is a full-service firm, our clients have access to the complete strength, skill, and resources that go beyond the Employment and Labor Group. With many other practice areas — including antitrust, construction, tax, real estate, corporate, intellectual property, and business immigration — we have the knowledge and capabilities to shape specific solutions to specific problems.
In addition to domestic employment issues, Nexsen Pruet lawyers bring global perspective and skills to their work. Many of our attorneys are fluent in foreign languages. Others help U.S.-based employers manage their overseas workforces.
For additional help, please download our Employer’s Desk Reference for the Carolinas, a general guide to key employee issues that HR managers and other supervisors and executives deal with regularly.
Articles Authored by Lawyers at this office:
ADA with a side of FMLA: A Cornucopia of Legal Issues
Jennifer S. Cluverius, December 02, 2015
Mixing the Americans with Disabilities Act and the Family Medical Leave Act can result in a smorgasbord of legal issues for many employers. While determining whether an employee has a qualifying serious health condition under the FMLA is, in large part, fairly straightforward given the FMLA’s...
Tricks or Treats: Human Resources Challenges Ahead
Molly Hughes Cherry,William H. Floyd, October 29, 2015
Halloween is traditionally a time for “trick or treating.” For human resource professionals, many days can be Halloween-like, filled with unexpected events or career rewards. Recently, dozens of HR professionals participated in a fun, thought-provoking survey as part of the annual South...
Wages and Water: What Do We Do?
, October 22, 2015
With the recent rain storms that have blanketed the Carolinas and the resulting road damage and closures, this a good time for employers to review their inclement weather policies and to make sure they properly compensate all employees who miss work because of adverse weather.
Fourth Circuit Rejects "Manager Rule" Exception in Title VII Retaliation Cases
Cheryl D. Shoun, September 14, 2015
Title VII of the Civil Rights Act of 1964 not only prohibits discrimination based on race, color, sex, religion, and national origin, but also prohibits retaliation against individuals who oppose unlawful discrimination or participate in an employment discrimination proceeding. In many...
Fourth Circuit Adopts the Joint Employer Test for Title VII Claims
, August 24, 2015
In Butler v. Drive Auto. Indus. of Am., Inc., the Fourth Circuit Court of Appeals (which has jurisdiction over North and South Carolina) joined the majority of federal appellate courts in holding that multiple entities may simultaneously be considered the employers of an employee for purposes of...
Supreme Court Expands Religious Discrimination Liability
James A. Byars, August 05, 2015
Most employers know that Title VII prohibits discrimination against applicants or employees based on religion. They also know that Title VII requires employers to provide reasonable, religion-based accommodations to employees who express such a need. But a recent decision of the U.S. Supreme Court...
DOL Proposes Changes to White Collar Overtime Pay Exemptions
David E. Dubberly, July 13, 2015
On July 6, 2015, the U.S. Department of Labor (DOL) formally proposed revisions to the executive, administrative, and professional (EAP) exemptions to the overtime pay requirement of the Fair Labor Standards Act. In addition, the Department requested comments on those proposed revisions and on...
New Harassment and Retaliation Standard in Fourth Circuit
Michael P. Scott, June 26, 2015
Last month, in Boyer-Liberto v. Fontainebleau Corp., No. 13-1473 (4th Cir. May 7, 2015), the federal Court of Appeals for the Fourth Circuit, which includes North and South Carolina, articulated a new standard for analyzing claims of hostile work environment and retaliation under Title VII. For...
New Year: Resolve, Review, Revise
Molly Hughes Cherry, April 14, 2015
The new year is a time for reflection. With that reflection often comes a resolve for change, from small modifications of some old habits to wholesale new beginnings and everything in between. From a business perspective, this is also an ideal time to review, update, and revise the company...
Domestic Violence and the Workplace: Mitigating the Risks
Sara Sofia Svedberg, April 10, 2015
On February 5, just after the lunch hour at the University of South Carolina in Columbia, the ex-wife of a popular public health professor entered the campus office where the professor conducted cancer research and shot him to death before she turned the gun on herself.