As students return to school, employers should be mindful of a new U.S. Department of Labor opinion letter impacting when a parent may use qualifying intermittent FMLA leave. On August 8, 2019, the U.S. Department of Labor concluded that an employee’s need to attend a Committee on Special Education (CSE) meeting to discuss the Individualized Education Program (IEP) of the employee’s son or daughter can qualify as FMLA protected leave. The U.S. DOL explained that…

Join us for our Fall 2019 Employment Law Series where HSB’s Employment Law team will present a complimentary one-hour breakfast session each month on key employment law topics. Presentations will be live-streamed to our offices in Charleston, Columbia, Florence and Greenville each month so you can attend in the city of your choice. Lisa R. Claxton will kick off this fall’s program on September 19 with a discussion on workplace bullying. Lisa will discuss the…

Most employers run background checks on prospective employees when hiring. Some employers have policies in place that allow them to conduct background checks on current employees. Below are several examples of instances in which employers may choose to do so: Belief that a current employee has been arrested Security threats – when an employer feels that an employee is putting others at risk based upon reports of that employee’s conduct or other reasonable suspicion Harm…

A recent Pennsylvania case provides a good reminder that retaliation claims can arise long after an employee is no longer employed and that employers need to keep potential retaliation claims in mind when responding to reference checks on former employees. In Leese v. Commonwealth of Pennsylvania, the plaintiff is a former employee of a state agency who made an internal complaint of sexual harassment against a male superior while she was an employee. While…

President Trump has nominated Eugene Scalia, son of the late Supreme Court Justice Antonin Scalia, to head the United States Department of Labor. Scalia will replace Secretary of Labor Alexander Acosta, who stepped down amid controversy. Mr. Scalia will have to be confirmed by the United States Senate before officially taking office. Trump’s nomination of Scalia was applauded by management activists and derided by labor activists. As an attorney in private practice, Mr. Scalia made…

In our recent employment law seminar, we discussed OSHA’s new drone initiative and how the use of drones will impact HR. Here are some key takeaways regarding drone usage. In 2018, OSHA reportedly used drones with cameras to conduct at least nine (9) inspections of employer facilities, mainly in conditions that were too dangerous to send an inspector. OSHA formalized, through a memo, the use of drones for inspection activities and ordered the designation of…

In our recent employment law seminar, we discussed how to manage employees who are authorized to post on the company’s social media accounts. Here are some key points to focus on when allowing employees access to your company’s social media accounts. Employers must clearly identify which employees or departments are authorized to post on company social media accounts. Companies should identify a manager who is tasked with monitoring authorized activity on the company’s social media…