Constitutional Rights
You have the right to choose your own religion, and you have the right to not have someone else’s forced on you. You have the right to get together in public and protest, and you have the right to privacy. All these rights, and more, are guaranteed in the U.S. Constitution. At Burnette Shutt & […]
Title VII of Civil Rights Act of 1964
That’s been the law for more than a half century, since the passage of Title VII of the Civil Rights Act of 1964. The law applies to businesses with 15 or more employees and to all public and private colleges and universities, labor unions, and employment agencies. It covers more than hiring and firing, too. […]
Civil Rights
From battling for a girl who wanted to play contact sports in South Carolina to fighting for a same-sex couple who dreamed of legally marrying in the Palmetto State, the civil rights lawyers at Burnette Shutt & McDaniel represent clients in cases that matter. Our civil rights attorneys have in-depth experience and knowledge in a […]
HIPAA
Most people are familiar with HIPAA because of the forms at every medical office, from doctors to dentists. Chances are, many patients sign without even reading today. It’s an important document, though, that controls who can see personal medical information. For medical providers, there’s more to the Health Insurance Portability and Accountability Act than that […]
COBRA/South Carolina Health Continuation Benefits
Officially, it’s the Consolidated Omnibus Reconciliation Act of 1986, but most of us know it as COBRA. It’s the federal law that allows people who work at companies with 20 or more employees to keep their health insurance after leaving. If your employer fires you for any reason other than gross misconduct, you’re eligible. You’re […]
Employee Benefits/ERISA
Except for health coverage, there is no requirement that private companies offer employee benefits. Federal law does require, though, that firms that offer benefits live up to their promises. That’s where the federal Employee Retirement Income Security Act, or ERISA, comes in. It says that companies must adequately fund any benefit it promises employees. ERISA […]
Wrongful Termination
Though South Carolina is an at-will state where companies can fire employees for no reason, there still are lines that employers can’t cross. These include firings related to political activity or retaliation after a civil rights complaint or workers’ compensation claim. A business can’t discriminate based on age, race, sex, gender, religion, disability and more […]
Equal Pay
Even though the federal Equal Pay Act is more than 50 years old, there still are substantial earnings differences across the country. At Burnette Shutt & McDaniel, we are committed to fighting to make that right. Our employment lawyers can help those whose paychecks are smaller because of who they are battle for financial equality. […]
Americans with Disabilities Act
What the Civil Rights Act of 1964 did for women, people of color, immigrants, and non-Christians, the Americans with Disabilities Act did for those who are differently abled. Since 1990, the ADA has banned discrimination in the workplace. Employers with more than 15 employees must make “reasonable accommodations” so disabled workers can do a job […]
Equal Employment Opportunity Commission/South Carolina Human Affairs Commission
Sometimes, it’s possible to work out workplace discrimination issues with your employer. Some companies have internal grievance processes, while others will respond by filing a charge of discrimination. If this doesn’t work, the next step for cases involving workplace discrimination or harassment is the federal Equal Employment Opportunity Commission (EEOC) or its state equivalent, the […]