Ms. Nikole Mergo is a member licensed and representing clients in both South Carolina and North Carolina, practicing in complex commercial litigation with a concentration on employment litigation defense and advice and counseling, unfair business practices, and healthcare employment work. She also has experience in the coordination of the defense of nationwide litigation filed in South Carolina, class action practice, and pharmaceutical pricing defense. Ms. Mergo also provides daily employment law advice and counseling, as well as litigation defense, to corporate clients, including health care entities and providers and manufacturers, as well as locally owned businesses. She assists those clients on matters involving all aspects of employment law, including representation before the District Courts of South and North Carolina, the EEOC and SHAC, and the South Carolina Department of Employment and Workforce. Ms. Mergo received her B.A. in English with distinction from the University of Virginia in 1996. In 1999, she received her J.D. from the University of Virginia School of Law, where she was a Semi-Finalist in the Lile Moot Court Competition and Senior Editorial Board Member of the Virginia Journal of International Law. Career Highlights · IADC Trial Academy - 2003 Graduate · Former Member, University of Virginia Jefferson Scholars Regional Selection Committee News The Palmetto Center for Women Honors Nexsen Pruet and Attorney Nikole Mergo
The Palmetto Center for Women recognized Nexsen Pruet and attorney Nikole Mergo at its annual "Honoring Women in Achievement" awards luncheon in Columbia. Mergo received the 2011 Corporate TWIN Award while the law firm received the Palmetto Center for Women Award. Nexsen Pruet Named One of the "Best Companies in the Midlands For Working Moms"
Nexsen Pruet is the only law firm recognized by the program. 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. New Year, New Changes to the FMLA and ADA
The Employment and Labor Law Practice Group of Nexsen Pruet, LLC will present free breakfast briefings to update human resources professionals on two significant changes that will effect labor and employment laws in 2009. Nexsen Pruet Elects Four New Members
Nexsen Pruet announced that Melissa L. Azallion, Brian C. Bonner, Nikole Setzler Mergo, and Suzanne Guitar Odom have been elected Members (partners) of the firm. Publications 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. 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. 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. 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. 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. Amicus curiae brief filed on behalf of the South Carolina Hospital Association
On August 9, 2010, the South Carolina Supreme Court issued an opinion in the case of Blair Mathis v. Brown & Brown of South Carolina, in which Nexsen Pruet's Nikole Mergo filed an amicus curiae brief on behalf of the South Carolina Hospital Association. 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. Employment Law Update - December 2009
This edition addresses employment law issues arising from employee and employer use of online social networking sites. 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. 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. 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. Employment Law Update - April 2008
This edition analyzes an important court ruling relating to the drafting, interpretation, and enforcement of invention assignment clauses in employment agreements. Events Employment Law Quarterly Breakfast Briefing Association of Corporate Counsel: September CLE Series Employment Law Quarterly Breakfast Briefing Employment Law Quarterly Breakfast Briefings Webinar: Immigration Compliance & Enforcement Update Leave or Left - FMLA and Unemployment Benefits Civic & Professional Memberships · American Bar Association · North Carolina Bar · Richland County Bar Association · South Carolina Bar · Palmetto Center for Women, Board of Directors |