Document(s) published by this organization: 53
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|Fourth Circuit Adopts the Joint Employer Test for Title VII Claims|
Nexsen Pruet LLC;
August 24, 2015, previously published on August 21, 2015In 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...
|The Uncertain Status of “Stigma Damages” for Property Claims in South Carolina|
James W. Potter; Nexsen Pruet, LLC;
August 10, 2015, previously published on August 6, 2015In Chestnut, et al v. AVX Corporation, Appellate Case 2012-212143 (S.C. Supreme Court August 5, 2014), the State Supreme Court was faced with the issue of whether “stigma damages” could apply for environmental contamination which did not directly impact a plaintiff’s property -...
|The South Carolina Third Party Legal Opinion Report|
Laurie A. Becker; Nexsen Pruet, LLC;
August 5, 2015, previously published on August 4, 2015Lawyers are frequently asked to deliver legal opinions in a variety of business, corporate and commercial transactions to third parties who are not the lawyer¿s client in the transaction.
|Supreme Court Expands Religious Discrimination Liability|
James A. Byars; Nexsen Pruet, LLC;
August 5, 2015, previously published on July 31, 2015Most 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...
|South Carolina Lawmakers Ratify OSHA Requirements|
David E. Dubberly; Nexsen Pruet, LLC;
July 30, 2015, previously published on July 21, 2015On June 26, 2015 the South Carolina General Assembly ratified the new OSHA reporting and recordkeeping requirements for SC employers.
|DOL Proposes Changes to White Collar Overtime Pay Exemptions|
David E. Dubberly; Nexsen Pruet, LLC;
July 13, 2015, previously published on July 8, 2015On 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...
|Supreme Court Upholds Affordable Care Act Subsidies|
James P. Rourke; Nexsen Pruet, LLC;
July 6, 2015, previously published on June 25, 2015On Thursday June 25, the United States Supreme Court revealed its decision in King v. Burwell.
|The Consumer Financial Protection Bureau's cases against Sprint and Verizon for Mobile Cramming|
Brooks F. Bossong; Nexsen Pruet, LLC;
July 3, 2015, previously published on June 23, 2015Today we’re taking a look at the Consumer Financial Protection Bureau’s cases against Sprint Corporation (“Sprint”) and Cellco Partnership d/b/a Verizon Wireless (“Verizon”) for mobile cramming. For starters, what does “cramming” mean in the context...
|New Harassment and Retaliation Standard in Fourth Circuit|
Michael P. Scott; Nexsen Pruet, LLC;
June 26, 2015, previously published on June 23, 2015Last 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...
|EARL e-News: EPA Releases EJ Mapping and Screening Tool|
Ronald E. Cardwell; Nexsen Pruet, LLC;
June 26, 2015, previously published on June 17, 2015On June 10, 2015, EPA released EJScreen, an environmental justice (EJ) screening and mapping tool which replaced EJView, a previous publicly available EJ screening tool. EJScreen will provide EPA with a nationally consistent database and approach for combining environmental and demographic...