2022 North Carolina/South Carolina Employment Law


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Seminar Agenda
U.S. Supreme Court Commentary: Employment Law
Paul E. Smith, Patterson Harkavy LLP, Chapel Hill, NC
Hear updates on employment-related decisions rendered by the U.S. Supreme Court through the end of its most recent term in July of 2022. The materials summarize these cases followed by the comments about the decision's significance for workplace stakeholders. Also included are abbreviated summaries of all opinions and orders from the so-called "shadow docket" that are of consequence to employment relations. The session concludes with brief additional commentary on the Court's work as it affects the American workplace.

Continuing to Pivot
Thomas Colclough, EEOC, Washington, D.C.
Fiscal year 2021 has been a year of change and challenge in employment. While COVID has not retreated, we continue to navigate the new world of "how" we work. In this presentation, the speaker discusses how the EEOC and the employer community has pivoted during COVID-19 over the last 12 months. Finally, we discuss the results of our "pivot" — the good and the bad.

Fourth Circuit Update
Sean F. Herrmann, Herrmann & Murphy PLLC, Charlotte, NC
This presentation covers Fourth Circuit Court of Appeals basics and some of the most noteworthy decisions from November 2021 through October 2022.

What's Precedent Got to Do With It? The Earthshaking Employment Law Implications of Dobbs
Susanna S. Birdsong, Planned Parenthood South Atlantic, Raleigh, NC
Katherine Dudley Helms, Ogletree Deakins Nash Smoak & Stewart PC, Columbia, SC
Grant Burnette LeFever, Burnette Shutt & McDaniel PA, Columbia, SC
Chandra A. Stallworth, Richardson Plowden & Robinson PA, Columbia, SC (Moderator)
The U.S. Supreme Court's decision in Dobbs v. Jackson Women's Health overturned decades of precedent regarding the right to access to abortion. With that dramatic upset in the law and the resulting rapidly changing state law landscape comes significant impacts on employment law. Do federal employment laws protect employees who obtain abortion services in states where doing so is now illegal? Do employers incur civil or criminal liability for maintaining benefit programs to assist employees to travel to other jurisdictions to obtain abortion services? Employees and employers will face many such questions in this new era.

Ethical Considerations in Employment Settlement Agreements
Bartina L. Edwards, The Law Office of Bartina Edwards PLLC, Charlotte, NC
Laura L. Noble, Noble Law Firm, Chapel Hill, NC
Kyle R. Still, Wyrick Robbins Yates & Ponton LLP, Raleigh, NC
Congratulations! You have settled your client's employment law case in principle with opposing counsel — now all that is left is navigating ethical and legal considerations regarding settlement agreements and ensuring that both parties' intent is reflected in the written settlement agreement. This presentation addresses these legal and ethical considerations, including issues regarding the tax treatment of settlement payments, the use of non-disclosure and non-disparagement provisions (and applicable state law affecting these issues), the scope of waivers and releases, and other critical issues.

The Evolving Legal Landscape in Employee Departures
M. Todd Sullivan, Fitzgerald Hanna & Sullivan PLLC, Raleigh, NC
This presentation addresses developments in the law pertaining to employee departures, including analysis of important or interesting state and federal opinions regarding restrictive covenant agreements, trade secret and computer trespass law, and related issues including the potential liability for new employers of departing employees. We address tips and guidance for HR professionals involved in these matters and discuss national legislative movements regarding noncompete agreements and the evolving concepts of fair competition. While the accompanying manuscript catalogues recent state and federal case law developments, the presentation is designed to assist attending attorneys and HR professionals with spotting issues and pragmatically identifying and addressing legal risks from both the former employer's and the departing employee's/new employer's perspectives.

 

This program does not include the 2022 NC State Update and SC State Update segment from the November 4, 2022 NC/SC Employment Law Conference. For that standalone program you can find the agenda here .

Mandatory MCLE Credit Hours
This seminar qualifies for 6.0 MCLE credit hours, including up to 1.0 LEPR credit hour & 6.0 Employment & Labor Law Specialization credits.

 

 This seminar is an Intermediate level program.

 

Note: When submitting your compliance reports to the SC Commission on CLE and Specialization, if you completed this in 2023, please use this course code: 238973ADO.

Tags

The South Carolina Bar is an accredited CLE provider in South Carolina only. Attorneys are responsible for seeking their own credit in other jurisdictions.

Disclaimer: The views expressed in CLE programs and publications do not necessarily reflect the opinions of the South Carolina Bar, its sections, or committees. The South Carolina Bar believes that all Bar members have the right to both meaningful learning and to the exchange of ideas in a civil environment. The Bar reserves the right to remove or exclude any person from a Bar event if that person is causing inappropriate disturbance, behaving in a manner inconsistent with accepted standards of decorum, or in any way preventing fellow Bar members from meaningful participation and learning.

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