Summerlin Law Firm News & Resources
Sandwiched Between a Rock and a Hard Place
There have been new developments in the case of Jimmy John’s and their non-compete agreements. A federal judge in...
Wage Theft is Bad News for Workers
Wage theft is the most prevalent of theft in the U.S. today, accounting for more lost funds than any other specific...
School’s Legal Troubles Set an Example
South Carolina State University, the state’s only publicly funded historically black college, has undergone a long...
It’s All Uber But The Shouting: Employee versus Independent Contractor (And Why It Even Matters)
Uber’s in the news yet again. This time, it’s Uber’s service in South Carolina that has spawned complications for the...
True or FLSA: Employees Should Get Paid for All Hours Worked (Or, Integral and Indispensable Duties under the Fair Labor Standards Act)
The Fair Labor Standards Act (FLSA) is a complex federal law, and it affects millions of workers every single day. In...
The ADA’s Reasonable Accommodation Requirements
On September 17, 2008, an employee of Walgreens stopped stocking the store shelves just long enough to open and eat a...
Thou Shalt Pay Me What You Owe Me: The S.C. Wage Payment Act
South Carolina Wage Payment Act requires employers to pay employees their earned wages, including bonuses and commissions. The law protects those who protect themselves.
Oh No You Didn’t: Supreme Court Extends Title VII Protection Against Retaliation
In an eight-page opinion by Justice Scalia, the Supreme Court unanimously held that (1) North American Stainless violated Title VII if it fired Thompson in retaliation for Regalado’s complaint; and (2) Title VII provides Thompson with a cause of action against his former employer.
Law Basics: Employment at Will
The most fundamental concept in employment law is “employment at will.” Employment at will is a presumption that attaches to employment relationships of indefinite duration: An employee at will can be fired for a good reason, bad reason or no reason at all.
Eight Ways to Guarantee Yourself a Non-Compete Lawsuit
Okay. I confess: I have been really busy (what a blessing) and have not had a chance to write much. But, I have had a...
Working Hard For Your Money: Overtime for Salaried Employees
It seems only fair if you work long and hard, your paycheck should reflect it. However, more and more employers are paying their employees a salary, which is the same whether the employee works 40 or 45 hours. Is paying an employee a salary the trick to avoiding overtime? Not quite
Employment at Will: The Right to Fire You for [Almost] Any Damn Reason They Choose
Every employment relationship that does not involve a contract for a stated term (like a contract for one year) is presumed to be “at will.” Employment at will is defined as the ability of either employer and employee to terminate employment for a good reason, bad reason, or no reason at all and at anytime without notice. Are there exceptions? Yes. But not many.
Defamation Basics: A good name is as good as gold, but some ain’t worth two cents.
I had a jury trial a couple of weeks ago in which I represented a small business being sued for defamation. There are two types of defamation: (1) Written defamation, which is called libel; and (2) spoken defamation, which is called slander. My case involved allegations of both libel and slander.
Departure Policies: What Happens if You Are Fired before Your Bonus/Commissions are Paid?
The SC Courts have considered the question “what happens if you are fired before your bonus/commissions are paid?” Can your employer screw you out of the pay you have earned. It depends. This blog post is the first in a series which considers the issue.
E-Mails Can Crack Cases
Emails are evidence and can crack cases wide open. Lawyers and clients need to understand technology and its uses in order to be successful in their cases.
The Right to Work
[T]he right of an individual to follow and pursue the particular occupation for which he is best trained is a most fundamental right.
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