FAIR LABOR STANDARDS ACT (“FLSA”) OVERTIME RULE Effective July 1, 2024 On April 23, 2024, the U.S. Department of Labor (“the Department”) announced a new overtime rule, which goes into effect July 1, 2024. The new rule will significantly increase the number of employees who are eligible for ...
WHITE & STORY, LLC - LEGAL ALERTS
SC LEGISLATURE EXPANDS THE RIGHTS OF STUDENTS FACING EXPULSION
SC LEGISLATURE EXPANDS THE RIGHTS OF STUDENTS FACING EXPULSION South Carolina law, in S.C. Code Ann. §59-63-240, affords certain rights to students facing an expulsion recommendation. The statute recently was amended to expand those rights, particularly as they relate to the student's right ...
Issue of the Month: Paid Parental Leave - What You Need to Know
On June 26, 2023, the paid parental leave (PPL) law (PPL Law) applying to public school districts in South Carolina went into effect. The law, codified as S.C. Code Ann. 8-11-151 and 8-11-156, largely mirrors the PPL statute previously enacted in October 2022 with regard to South Carolina state e...
Legal Alert: Universal Mask Mandates Deemed a District Level Decision
A Federal Judge in South Carolina rules General Assembly proviso prohibiting mask mandates is ‘ILLEGAL' In a late-night memo and order Wednesday, September 28, 2021, South Carolina Federal District Court Judge Mary Geiger Lewis ruled that the General Assembly's Budget Proviso 1.108 is illegal...
Legal Alert: Vaccine Mandate
Yesterday, President Biden announced his plan to direct the Occupational Safety and Health Administration (OSHA) to develop a rule in response to two executive orders. The new rule will require all private employers with at least 100 employees to ensure their workforces are fully vaccinated or re...
Off-Campus Speech
PROCEED WITH CAUTION: UNITED STATES SUPREME COURT ISSUES OPINION ADDRESSING WHETHER SCHOOL DISTRICTS MAY LAWFULLY DISCIPLINE STUDENTS FOR OFF-CAMPUS SPEECH For years, public school districts have grappled with the question whether a student may lawfully be disciplined for off-campus speech, par...
Fully Vaccinated Employees: Handling Accommodation Requests
As more workforce members become vaccinated, questions arise for employers about the necessity of providing accommodations for vaccinated employees, including those who may be parents to young children that are not eligible at this time for the COVID-19 vaccine. Recently, the Centers for Disea...
UPDATE: DOL INDEPENDENT CONTRACTOR STATUS ON HOLD
On January 21, 2021, President Biden took office and asked all federal agencies to freeze proposed regulations and those with pending effective dates – including the Department of Labor (DOL) Independent Contractor new rule. At this time, employers are being advised to wait and see w...
LEGAL ALERT: DEPARTMENT OF LABOR CLARIFIES INDEPENDENT CONTRACTOR STATUS
On January 6, 2021, the Department of Labor (DOL) announced a final rule clarifying the standard for an employee as opposed to an independent contractor under the Fair Labor Standards Act (FLSA).
LEGAL ALERT: REVISED FAMILIES FIRST CORONAVIRUS RESPONSE ACT (FFCRA) REGULATIONS MAY PROMPT POLICY UPDATES AND CENTERS FOR DISEASE CONTROL (CDC) UPDATES CONTACT TRACING GUIDANCE
FFCRA Updates Following the U.S. Department of Labor's (DOL) recent revisions to FFCRA regulations, many employers may need to adjust their documentation and intermittent leave policies. There are three specific areas in which employers may need to address: (1) documentation; (2) intermittent lea...
TELEWORKING
Many school districts across South Carolina are presently using a virtual platform for some or all of student instruction. While some school districts require that teachers instruct students virtually from the teacher's regular classroom, other districts are allowing teachers to instruct from th...
Legal Elite 2020 - Ashley Story was recognized as Legal Elite
White & Story is pleased to announce that Ashley Story was recognized as Legal Elite in the Midlands and Upstate for the following categories this year: Education and Labor & Employment Law http://www.greenvillebusinessmag.com/2020/08/10/324520/legal-elite-2020
LEGAL ALERT: TITLE VII PROTECTIONS FOR EMPLOYEES EXPANDED BY U.S. SUPREME COURT
On June 15, 2020, the United States Supreme Court (SCOTUS) ruled that the 1964 Civil Rights Act (Title VII) protects members of the LGBTQ (lesbian, gay, bisexual, transgender and queer or questioning) community against workplace discrimination based on sex in the Bostock v. Clayton County case. A...
LEGAL ALERT: RESUMING ATHLETICS DURING COVID-19
In light of the current pandemic, the South Carolina High School League (SCHSL) recently provided guidelines for districts to consider as athletic programs resume. Several districts have contacted us about the implementation of these guidelines. Set forth below are items we recommend districts ...
ISSUE OF THE MONTH: CELEBRATING OUR GRADUATES IN THE MIDST OF THE CORONAVIRUS
The effects of COVID-19 (Coronavirus) have been undeniable and will leave a lasting impression on us all. Specifically, this school year presents extraordinary challenges to school districts, which directly impacts employees, students, and families. Although many of these challenges are addressed...
LEGAL ALERT- CORONAVIRUS: THE CORONAVIRUS AID, RELIEF, AND ECONOMICS SECURITY (CARES) ACT
CARES Act School closures associated with the COVID-19 prevent some employees from performing their jobs. Consequently, many school districts are forced to decide whether they will continue compensating employees who cannot work – remotely or on-site – throughout this challenging time. Congress c...
LEGAL ALERT- CORONAVIRUS: IMPLEMENTING THE FAMILIES FIRST CORONAVIRUS RESPONSE ACT (FFCRA) TODAY
FFCRA Overview On March 18, 2020, the Families First Coronavirus Response Act (FFCRA) was signed into law by President Trump and is effective from April 1, 2020, until December 31, 2020. The FFCRA makes substantial changes to paid sick leave, paid family and medical leave along with tax credits[1...
LEGAL ALERT- CORONAVIRUS: GUIDANCE ON EVALUATING EDUCATORS IN THE MIDST OF THE PANDEMIC
On March 17, 2020, State Superintendent Molly Spearman offered a memorandum (memo) to school district personnel administrators and teacher evaluation administrators from Lilla Toal Mandsager, the Director of the Office of Educator Effectiveness and Leadership Development (OEELD). This memo permit...
LEGAL ALERT- CORONAVIRUS: DISTANCE LEARNING AND WORKING REMOTELY
The recent COVID-19 (Coronavirus) outbreak has disrupted the entire nation, demanding immediate modifications to limit transmission of the virus. Throughout our country, educators are adapting daily to provide lessons and instruction to our students. Consequently, many school districts will turn ...
LEGAL ALERT- CORONAVIRUS: EMPLOYMENT UPDATE
The unprecedented COVID-19 (Coronavirus) outbreak has unsettled the entire nation, demanding immediate adjustments to limit the transmission of the virus. Throughout our country, public schools closed to limit social interactions with others and slow the spread of COVID-19. Consequently, employer...
LEGAL ALERT- CORONAVIRUS: BOARD MEETINGS AND FOIA
On March 15, 2020, Governor Henry McMaster announced the temporary closure of schools across the state as a result of the COVID-19 (Coronavirus) outbreak. McMaster's decision applies to South Carolina's public schools and has consequently triggered an array of concerns by school district personne...
Richland County Bar announces 2020 leadership
Back Row (L to R): Charlie Moore, Walt Cartin, and Jack McKenzie (2018 President). Front Row (L to R): Harrison Saunders, Kristen Horne, Ashley Story and Mike Polk. The Richland County Bar Association (RCBA) has announced its new leadership for 2020 following formal confirmation at the associati...
LEGAL ALERT: Transgender Students’ Rights: The Impact of the Grimm Case on South Carolina School Districts
On August 9, 2019, a federal district trial court in Eastern Virginia sided with a transgender student who filed suit against his school district for transgender discrimination and is allowing the lawsuit to move forward. This most recent decision comes years after the suit was initially filed in...
Get on the Bus and Buckle Up: Navigating Liability in Transporting Students
Bus drivers are essential team members in a school district; they are the first and, usually, the last employee who has contact with students each school day. To that end, districts must hire, train and, when required, discipline drivers with student safety and supervision in mind. For district...
Concealed Carry and Weapons on School Grounds
School districts across the state continue to have questions about an individual's ability to bring a firearm onto school district property. Below, we outline the most recent guidance and provide some policy considerations that you may find helpful as you navigate this issue in your district. The...