Victoria L. Eslinger practices in the area of general and business litigation, labor and employment as well as in the firm's international practice. Ms. Eslinger has extensive experience with discrimination, harassment, retaliation, whistleblower, wage and hour, payment of wages, and employment contract claims, as well as claims based on non-competition and non-disclosure agreements. She also has extensive experience drafting executive employment and severance agreements. Ms. Eslinger has served for a number of years as a member of the faculty of the Harvard University Law School Intensive Trial Advocacy Course. She formerly practiced law with O'Melveny & Myers in Paris, France, and is fluent in French, Spanish and Italian. A frequent lecturer at South Carolina Bar seminars, Ms. Eslinger has also served on numerous boards of directors of local civic organizations. Ms. Eslinger was named the 2009 Advocate of the Year by the South Carolina Appleseed Legal Justice Center. In 2004, the University of South Carolina School of Law honored Ms. Eslinger with the Compleat Lawyer Platinum Award. Ms. Eslinger received the honor in recognition of her professional and civic accomplishments over 30 years of practice. It is given to USC law graduates who have made "a significant contribution to the legal profession" and exemplify "the highest standard of professional competence, ethics, and integrity." Career Highlights · Certified Specialist in Labor and Employment Law · Listed in Best Lawyers in America® since 2001 (Employment Law - Individuals, Employment Law - Management, Labor Law - Management, Litigation - Labor & Employment and Family Law) · Chambers USA: America's Leading Business Lawyers - Labor and Employment Law · Listed in South Carolina Super Lawyers® since 2008 (Employment & Labor, Business Litigation and Family Law) · USC Compleat Lawyer Platinum Award · YWCA - TWIN (Tribute to Women and Industry) Award News 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®. 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. Magazine Names Twelve Attorneys to "Legal Elite" List
Nexsen Pruet is pleased to announce that twelve attorneys have been listed in Greater Columbia Business Monthly magazine's "Legal Elite" for 2010. The listings appear in the October 1st edition. 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®. Nexsen Pruet Attorneys Recognized by Their Peers
Nineteen Nexsen Pruet attorneys have been named to the 2010 list of South Carolina Super Lawyers®. 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. Vickie Eslinger Interviewed on WIS News Sunrise
Nexsen Pruet's Vickie Eslinger was interviewed on WIS News Sunrise this morning. Vickie Eslinger named Justice Center's 2009 Advocate of the Year
Nexsen Pruet is pleased to announce that Victoria L. Eslinger has been named the 2009 Advocate of the Year by the South Carolina Appleseed Legal Justice Center. 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®. 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. Vickie Eslinger to Moderate Symposium Celebrating S.C. Women Nexsen Pruet attorney Vickie Eslinger will be honored and will moderate a panel at a symposium called "South Carolina Women: Their Lives & Times." 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®. "The International Language of Law"
An article entitled "The International Language of Law" profiles Nexsen Pruet attorney Vickie Eslinger in the April 2009 edition of South Carolina Super Lawyers®. 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. 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. 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. 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. 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. Victoria Eslinger Answers Questions on Her Work to Promote Social Justice
"SC Appleseed Legal Justice Center is proud to honor Victoria L. Eslinger as our 2009 Advocate of the Year. Her work over the years has not only made many positive changes to the low income community but has been an inspiration to fellow lawyers around the state. We talked to Ms. Eslinger about her distinguished career, and we share some of her thoughts with you...." 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. 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
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 - September 2007
This edition analyzes a recent court decision that clarified how to apply the standard for summary judgment to claims alleging intentional infliction of emotional distress. 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 - 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 Employment Law Update - June 2006
Recent Decisions Highlight Importance Of Background Checks for Employers Sexual Harassment Events Lions of the Bar Employment Law Quarterly Breakfast Briefing RCBA Civil Trial Seminar "Student Activism, Southern Style: Organizing and Protest in the 1960s and 70s" Employment Law Quarterly Breakfast Briefing Employment Law Quarterly Breakfast Briefings South Carolina Appleseed Legal Justice Center - Advocate of the Year Awards Ceremony Webinar: Immigration Compliance & Enforcement Update "South Carolina Women: Their Lives & Times" Quarterly Employment Law Breakfast Briefing - ADA Update - May 2006 Quarterly Employment Law Breakfast Briefing - January 2006 Civic & Professional Memberships · South Carolina Association for Justice · American Association for Justice · American Law Institute · Advisory Council of the Center for International Business Education and Research at the University of South Carolina · South Carolina Bar · American Bar Association · SC Women Lawyers Association · Richland County Bar Association |