Labor / EmploymentPrint
The Responsiveness Employers Need
We know that most employers have a strong commitment to an honest, fair workplace. Yet their companies can still unwittingly run afoul of complex labor and employment laws, or face an unsupported allegation of misconduct. McNair labor and employment lawyers know how to identify the problems that can become employment lawsuits, and work to prevent problems or resolve controversies. If you are faced with an employment lawsuit, we’ll work to resolve it.
Our clients typify the full range of business diversity throughout the Carolinas, such as manufacturing, transportation, hospitality, retailing, construction and health care. We have counseled companies of Fortune 500 size but more typically represent mid-range businesses with 50 to 1,500 employees. Our lawyers work directly with CEOs, CFOs, department heads and human resource personnel. They call us with confidence, knowing we understand their businesses and will answer their questions.
- Chambers USA Recognizes McNair as Leading Firm in 2018 EditionMay 3, 2018
- McNair Receives National Honor and 25 Tier One Rankings in 2018 Best Law FirmsNovember 1, 2017
- McNair Attorney Named to 2018 Leadership South Carolina ClassOctober 2, 2017
- Six McNair Attorneys Named “Lawyer of the Year”August 24, 2017
- Nine McNair Attorneys Named Among Legal Elite of the UpstateAugust 3, 2017
- Chambers USA Recognizes McNair as Leading Firm in 2017June 1, 2017
- McNair Attorney Appointed to Myrtle Beach Regional Economic Development Board of DirectorsMay 25, 2017
- Twenty-Three McNair Attorneys Named in 2017 Edition of South Carolina Super Lawyers®April 26, 2017
- McNair Elects Gilliam to ShareholderMarch 22, 2017
- McNair Receives National and Metropolitan Honors in 2017 Best Law FirmsNovember 1, 2016
- 54 McNair Attorneys Included in The Best Lawyers in America© 2017August 15, 2016
- Chambers USA® Recognizes McNair as Leading Firm in 2016June 6, 2016
- Twenty-Three McNair Attorneys Named in 2016 Edition of South Carolina Super Lawyers®April 28, 2016
- Rick Morgan Receives 2016 Leadership in Law AwardMarch 15, 2016
- McNair Attorneys Named Among Legal Elite of the UpstateAugust 3, 2015
- Jonathan Eggert Joins McNairSeptember 30, 2014
- McNair Attorneys Named Among Legal Elite of the UpstateAugust 4, 2014
- Twenty-Three McNair Attorneys Named in 2014 Edition of South Carolina Super Lawyers®April 25, 2014
- Sixteen McNair Attorneys Named in 2013 Edition of South Carolina Super Lawyers®May 3, 2013
- Melissa Azallion Joins McNair Law Firm, P.A.November 19, 2012
- McNair Ranked on 2013 “Best Law Firms” List By U.S. News Best Lawyers®November 1, 2012
- Fifteen McNair Attorneys Selected for Inclusion in South Carolina Super Lawyers & Rising Stars 2012®March 28, 2012
- McNair's Jeremy A. Stephenson named President of the Charlotte Area Society of Human Resource ManagementJanuary 2, 2012
- North and South Carolina Statutes Requires "E-Verify"July 1, 2011
- U.S. Supreme Court Reverses Wal-Mart Sex Bias Class ActionJune 21, 2011
- Thirteen McNair Attorneys Selected for Inclusion in South Carolina Super Lawyers 2011®April 1, 2011
- Navigating Internal and External Investigations: The Common Sense ApproachApril 16, 2018
- Event Series: Sexual Harassment in the Workplace: Beyond the HeadlinesJanuary 16, 2018
- Who is My Employee?October 16, 2017
- What the Changes in the Supreme Court and the Trump Administration Mean for Your BusinessJuly 24, 2017
- McNair and the LCHRA Present: Compliance in the New Administration - What You Need to KnowJune 14, 2017
- How to Effectively Navigate Through Internal Investigations and EEOC ChargesApril 18, 2017
- What's Hot and What's Not for Employers in 2017January 20, 2017
- EEOC Enforcement and Background Checks: What Employers Should KnowOctober 10, 2016
- FLSA Overtime Exemptions Final Ruling: Now What?July 11, 2016
- All About the ADAApril 11, 2016
- The ABC's of FiringJanuary 25, 2016
- Is It Legal?: Recruiting, Interviewing and Hiring the Right WayOctober 27, 2015
- WARNING: Do You Know the Impact of the Supreme Court of the United States' Decisions on Your Business?August 25, 2015
- Grand Strand Business Series Presents: Worksite Enforcement and ImmigrationJune 8, 2015
- Avoiding Discrimination, Harassment, and Retaliation ClaimsMay 19, 2015
- Special Event: What Do You Really Know About Your Union Vulnerability?May 5, 2015
- McNair Attorney Reggie Gay to be Featured Speaker at Clemson University's Small Business Development Center SeminarApril 17, 2015
- What's Hot and What's Not for Employers in 2015: Available at Multiple LocationsJanuary 15, 2015
- 2014 FMLA Master Class for South Carolina Employers: Overcoming Compliance and Employee Leave ChallengesOctober 9, 2014
- Labor and Employment Series Seminar Available at Multiple LocationsSeptember 10, 2014
- McNair Attorneys to Present at the Greenville Chamber's Small Business Owners' ForumAugust 13, 2014
- McNair Attorney to Present Non-Compete Agreements, Trade Secrets and IP LawApril 3, 2014
- McNair Law Firm to present The Expanding ADA: Temporary Impairments, Leave Requests and FMLA/Workers' Comp Interaction at Multiple LocationsMarch 25, 2014
- McNair to present Upstate Employment Law Seminar in MarchMarch 19, 2014
- McNair Breakfast Series: Year End, Year Ahead - Labor and Employment Law Developments in 2013-2014January 21, 2014
- McNair Breakfast Series: 2013 Immigration: Is Your Business Ready?June 11, 2013
- McNair Breakfast Series: Effective HR Planning in 2013March 19, 2013
- McNair to Present Upstate Employment Law SeminarDecember 5, 2012
- McNair Attorneys to Present at 2012 SC CUPA-HR ConferenceSeptember 21, 2012
- McNair to Present Upstate Employment Law SeminarSeptember 12, 2012
- McNair Attorneys to Present Lorman Employment Law UpdateJune 21, 2012
- McNair to present Upstate Employment Law SeminarMay 9, 2012
- Rita McKinney and Rick Morgan to Speak at SC Chamber of Commerce HR ConferenceMay 8, 2012
- Ned Johnson to Speak at CASHRM Meeting on Union AvoidanceApril 9, 2012
- McNair to present Upstate Employment Law SeminarFebruary 29, 2012
- Reggie Gay Speaks at 109th Annual Meeting of Anderson Area Chamber of CommerceJanuary 27, 2012
- McNair to present Upstate Employment Law SeminarSeptember 14, 2011
- McNair Law Firm to sponsor upcoming Charlotte Area SHRM meetingMarch 14, 2011
- Machinists Gain Foothold at BoeingJune 1, 2018
- South Carolina Pregnancy Accommodations ActMay 30, 2018
- Early thoughts on this Supreme Court termMay 11, 2018
- SC Supreme Court decides building official's public-policy caseApril 23, 2018
- Equal Pay Act case gets new lifeFebruary 21, 2018
- Happy Holidays, from Human ResourcesDecember 15, 2017
- What's good 'notice' of a workplace injury in South Carolina?November 22, 2017
- Court finds employee's IIED claim against Columbia employer hopelessOctober 27, 2017
- Employee or independent contractor? Right to control is keySeptember 28, 2017
- Mining company doomed in resurrected 'mark of the beast' lawsuitAugust 7, 2017
- Why having a clear understanding with employees is importantJune 29, 2017
- 4th Circuit sets a match to battalion chief's First Amendment claimsJune 9, 2017
- Social Media Lesson for Employers: Recent $1.5 Million Retaliatory Discharge VerdictMay 15, 2017
- SC court awards Lowe's employee workers' comp disability benefitsApril 26, 2017
- Lessons from Boeing's union election victory in CharlestonApril 5, 2017
- South Carolina court says 'NO' to employee's claims against BoeingMarch 1, 2017
- Court upholds South Carolina company's benefits plan decisionJanuary 30, 2017
- New Form I-9: What Does This Mean for EmployersJanuary 12, 2017
- How Employment Agreements Can Protect An Employer's Intellectual Property And Defend Against Claims of MisappropriationJanuary 9, 2017
- UPDATE: Notice of Appeal to Texas Judge Issues National Injunction Blocking FLSA Overtime RulesDecember 1, 2016
- 4th Circuit Bounces Bank's Request to Dismiss Manager's FMLA CaseNovember 30, 2016
- Change in How SC Supreme Court Views Conspiracy Claims May be ComingNovember 8, 2016
- McNair Establishes Hurricane Matthew Legal Assistance TeamOctober 27, 2016
- The Final Rule - FLSA, US DOL and Overtime Rules: Part 1 - The BasicsOctober 17, 2016
- Should You Litigate In Court or Arbitrate the Dispute?October 12, 2016
- Dealing with Violence in Wake of the Attack in OrlandoJuly 19, 2016
- 5 Ways Non-Immigrant Workers in the U.S. Should Prepare for Summer TravelJune 13, 2016
- Legislating Bathrooms: SC Bill Highlights Transgender Issues at WorkJune 7, 2016
- Department of Labor Releases Final Rule on Fair Labor Standards Act Overtime ExemptionsMay 20, 2016
- McNair Employment and Labor Alert: Joint Employment - What You Need to KnowFebruary 8, 2016
- Keeping the Holidays Happy and Liability-FreeDecember 8, 2015
- Wage and Hour UpdateJuly 29, 2015
- Bracing Your Business for the DOL Cold FrontFebruary 25, 2015
- President Obama Announces Executive Action on ImmigrationNovember 24, 2014
- Keeping the Holidays Happy and Liability-FreeNovember 20, 2014
- FY 2015 H-1B CAP FILINGS BEGIN ON APRIL 1, 2014...IS YOUR BUSINESS READY?February 6, 2014
- Fourth Circuit Rules that Employers Must Accommodate Temporary Conditions Under the ADAFebruary 6, 2014
- New I-9 Form, M-274 Handbook and ICE Audit UpdateMarch 18, 2013
- 2013 Immigration Compliance - Is Your Business Ready?January 9, 2013
- SC Court Says "No" to NLRB Posting RuleApril 17, 2012
- U.S. Supreme Court Rules on Employer Liability for DiscriminationMarch 3, 2011
- Supreme Court Expands Title VII with "Third Party" RetaliationFebruary 2, 2011
Azallion, Melissa L.Shareholder - Hilton Head Is., SC - Charleston, SCmazallion@mcnair.net843.785.2171 Main843.723.7831 Main
Bailey, Amanda A.Shareholder - Myrtle Beach, SCabailey@mcnair.net843.444.1107 Main
Carruth, Carl B.Shareholder - Columbia, SCccarruth@mcnair.net803.799.9800 Main
Eggert, Jonathan C.Associate - Hilton Head Is., SCjeggert@mcnair.net843.785.2171 Main
Gay, Reginald M.Shareholder - Greenville, SCrgay@mcnair.net864.271.4940 Main
Gilliam, James K.Shareholder - Myrtle Beach, SCjgilliam@mcnair.net843.444.1107 Main
Golding, Henrietta U.Shareholder - Myrtle Beach, SChgolding@mcnair.net843.444.1107 Main
Johnson II, Edwin W.Shareholder - Columbia, SCnjohnson@mcnair.net803.799.9800 Main
McKinney, Rita M.Of Counsel - Greenville, SCrmckinney@mcnair.net864.271.4940 Main
Morgan, Richard J.Shareholder - Columbia, SCrmorgan@mcnair.net803.799.9800 Main
Nason, Jonathan H.Shareholder - Columbia, SCjnason@mcnair.net803.799.9800 Main
Labor and employment problems often involve high stakes and intense time pressure. That’s why our lawyers are committed to giving you responsive service. When you call, we’ll respond – promptly and without fail, with straightforward advice from an experienced lawyer.
Issues like sexual harassment and workplace violence demand immediate attention, and we provide it. If you’re in the middle of a dispute over an organizing drive or an unfair labor practice complaint, we know that you need responses at once. Our lawyers will speak with you whenever necessary, day or night. Accountability and accessibility are our watchwords, as you get direct access to the person who can solve your problem or answer your question.
Example of our Services
One of our lawyers has been employment law counsel to a South Carolina manufacturer for 20 years. Recently he received a matter-of-fact call from the company’s president, who had just been freed after being held at gunpoint by a former employee. Having handled the former employee’s termination, our lawyer understood the situation and immediately drove two hours to the manufacturer’s plant while in constant mobile phone conversation with the local sheriff and the court judge.
By the time he got to the plant, our lawyer had ensured that the former employee was committed for 30 days to undergo mental testing. McNair’s client hadn’t asked us to come or to remove the immediate threat of danger – but we knew it was the right thing to do.
Our labor relations counsel can be crucial to helping you maintain a competitive workplace that treats employees fairly, minimizes conflicts and maximizes your management flexibility. If you face a union organizing drive, count on our help to maintain a positive working environment and communicate fully with all employees. We’ll make sure you comply with National Labor Relations Board (NLRB) election law, and counter aggressive unionizing efforts without creating a “union-busting” controversy.
Example of our Services
During the past 15 years, we have helped one client maintain a union-free environment through two different organizing drives. Our counsel during the union organizing drives led us to representing the client in a discrimination case. Our knowledge of the company, its people, its values and its mission was important in jury trial of allegations that one of our client’s HR managers had not properly responded to an employee problem. We put the manager on the stand, asked him to explain his actions in light of the company's values, mission, people and policies then asked the jury in summation: “Can you believe this person and this company did what they were accused of?” The jury’s answer: "No."
The best approach to employment law problems is to keep them from occurring. And we think the best way to do that is daily application of a tongue-twister, but down-to-earth business rule: “prior proper planning prevents poor performance.” Our lawyers will help you develop and implement a sound strategy for relationships with your employees in a way that identifies potential problems before they become concerns for your company.
We visit your workplace, learn what you do and how you do it, and ask you the right questions about how better to fulfill your responsibilities to your employees. Our goal is to help you eliminate the problems, avoid the risk of a lawsuit, and comply with the law. You get a review and revision of your existing policies and procedures, or creation of a new employee handbook for your company from scratch. Then we’ll help your managers effectively implement the policies, making sure they become part of everyday business practices as we maintain a long-term counseling relationship with you.
Example of our Services
For 15 years, a McNair lawyer has counseled a very large medical practice on everything from general employment issues to specialized staff concerns. She has developed such a close working relationship with physicians and staff members, become so knowledgeable about the business of the medical practice, and saved the practice so much money, that she has become an advisor about other legal aspects of their business while continuing to advise on complex medical staff and credentialing issues.
Disputes over partnership agreements or non-compete agreements often pit a company’s managers or executives against each other. Our lawyers are skilled at handling the time-sensitive injunctions and restraining orders that often are important parts of these disputes, and we have defended the interests of employers on all sides of such controversies. You can get our help to secure your legitimate ownership rights, whether to sensitive information or to the entire company and its operations. There are also plenty of other workplace controversies that our lawyers help resolve. Your company might face tort allegations involving everything from workplace defamation to infliction of emotional distress. In these and many other controversies, we’ll defend you in administrative forums and in state or federal court.
Example of our Services
Our client’s business partner, who had responsibility for day-to-day operations of the business, tried to buy out our client's 51% ownership interest for substantially less than its actual value. The client refused to acquiesce and sought McNair’s help when the business partner set up a competing business the day after our client declined the offer.
We brought suit on our client's behalf, alleging, among other claims, breach of duty and loyalty against the other partner. The judgment that we won in favor of our client was the first ever secured on these grounds in South Carolina.
Your potential labor and employment controversies are as wide-ranging as the many federal and state laws and regulations that you operate under, and we can defend and resolve them. We have represented many employers in complaint investigations and administrative proceedings by state agencies, and by such federal agencies as the United States Department of Labor, the Equal Employment Opportunity Commission (EEOC) and the Occupational Health and Safety Administration (OSHA).
Employers increasingly face lawsuits claiming back pay under the Fair Labor Standards Act (FLSA) overtime pay exemptions, and we work to make sure your employees are properly classified while mounting a vigorous defense against any claims. Any protected class of your employees – by age, race, gender, disability, religion – could bring suit under the discrimination statues, and we have successfully litigated and resolved all types of discrimination matters.
No matter what the dispute or controversy, we prepare your defense by going to the workplace, reviewing all the documents, interviewing all the relevant people, and asking the right questions to understand the claim. Every strategy we recommend and each action we take is with your business objectives in mind. We don’t litigate for the sake of litigation, but we’re not afraid to litigate a dispute on your behalf when it’s warranted – and we make sure all your relevant personnel are fully prepared in depositions or at trial.