Employment Law

With two South Carolina employment law specialists among our founding partners, Burnette Shutt & McDaniel stands poised to assist in your battle with a range of work-related issues. We’ve represented people fighting discrimination on the job, including age and race discrimination. We’ve handled cases in the court system and before the Equal Employment Opportunity Commission. We’ve protected clients’ rights under federal laws such as the Family Medical Leave Act (FMLA) and the Americans with Disabilities Act (ADA). We also have experience in a range of other employment law issues, including:

  • Contracts and non-compete agreements
  • Academic and tenure issues
  • Defamation
  • Equal pay
  • Wrongful termination

ERISA/Employee Benefits

From pension issues to vacation-time disputes, Burnette Shutt & McDaniel attorneys have the experience and know-how to help workers get their due. While the Employee Retirement Security Act (ERISA) doesn’t require companies to offer benefits, it does mandate that they live up to obligations they take on voluntarily. This can cover anything from properly funding retirement plans to following written policies in other areas. Our attorneys can help employers as well, guiding them through complicated, lengthy processes.

Other benefits areas where our lawyers can help include:

  • COBRA and state health insurance continuation
  • HIPAA

Civil Rights

Burnette Shutt & McDaniel attorneys have a long track record of fighting for the changes that make a difference in lives. Sometimes, the changes have been sweeping — landmark litigation that paved the way for girls to play contact sports in South Carolina and for same-sex couples to legally wed in the state. Other cases have involved only a single person — winning back a police chief’s job after she was fired because of her sexual orientation.

Regardless of the number of people affected, Burnette Shutt & McDaniel brings the same fiery commitment to every case. It’s a commitment backed by decades of experience in the state’s and nation’s courtrooms as well as hard-earned legal knowledge.

Our attorneys have represented clients in a range of civil rights cases, including:

  • Title VII of the Civil Rights Act of 1964
  • Constitutional rights
  • Section 1983
  • Wrongful termination

Environmental Law

Even the smallest project these days is not so simple. There are often layers of approval from city and county governments at the local level as well as before state agencies. Sometimes federal approvals come into play as well. Businesses large and small can turn to Burnette Shutt & McDaniel for help navigating this complicated maze of approvals, whether they need wetlands permitting or are facing waste disposal issues. We can skillfully blend government experience, scientific knowledge and legal know-how to guide clients through the process.

With thoughtful planning from the start, our lawyers can help clients chart a path toward their goals that aims for efficient use of financial resources and time. Areas where we assist clients include:

  • Storm water permitting
  • Utility issues
  • Brownfield redevelopment

Government Law

Whether you need permission to make a change to your property or whether you want to make sure you’re paid adequately if the government takes your land through eminent domain or condemnation, Burnette Shutt & McDaniel is ready to help. Firm co-founder Kathleen McDaniel is a former planning commission member, so she understands the delicate balancing act that can sometimes come into play. She gives clients the advantage of those insights when she’s representing them.

Burnette Shutt & McDaniel also represents local government agencies that need to acquire private land for public projects as well as citizen groups trying to protect their neighborhoods. Our government law practice includes:

  • Condemnation and eminent domain
  • Annexation
  • Land use and zoning
  • Procurement
  • Freedom of Information Act

Privacy, Data Protection, Data Breach Response & Information Security

Today’s world is more complicated than back when a tinted envelope or locked cabinet was enough to keep things private. In the modern era, data protection involves creating secure systems that comply with a maze of state and federal laws.  Burnette Shutt & McDaniel is prepared to help clients protect themselves from the start by creating sound policies that comply with a dizzying mix of laws.

We’re also positioned to assist businesses of all sizes recover in the unfortunate event of a data breach. Attorney Jacqueline Pavlicek has passed the stringent International Association of Privacy Professionals exam and earned a CIPP/US designation, a credential that came after extensive training in privacy issues.  Areas where she can help include:

  • Compliance with financial privacy laws, such as the Fair Credit Reporting Act (FCRA), the Fair and Accurate Credit Transactions Act (FACTA), and the Gramm-Leach-Bliley Act (GLBA)
  • Adherence to medical privacy laws, including the Health Insurance Portability and Accountability Act (HIPAA)
  • Policies covering telecommunications and telemarketing laws
  • Online and workplace privacy laws

Litigation

From the nation’s highest court to an agreement reached in mediation or arbitration, Burnette Shutt & McDaniel’s attorneys stand ready to fight your battles for as long as necessary. Our lawyers are skilled litigators who have appeared in all levels of South Carolina and federal courts. We are fierce defenders who make our clients’ battles our own. We are savvy tacticians experienced in putting together strong cases.

In-depth legal knowledge earned through decades of experience backs up all those traits. There’s also a personal touch: We begin by working to understand our clients and their goals. If a settlement is the best outcome, we will assist with that. If continuing on through appeals is appropriate, we will continue the fight as long as necessary.

Our litigation practice includes:

  • Tort claims
  • South Carolina tort claims
  • Business disputes
  • Personal injury
  • Administrative law
  • Appellate law
  • Alternative Dispute Resolution

Other Practice Areas

  • Family Law, including unique and evolving issues related to same-sex couples and their families
  • Non-Profit Governance, including HOA disputes and non-profit entities