Emily O'Brian

Supreme Court Reminds Employers to Be More Accommodating

Whenever law and religion cross paths, there is a tricky dance that must be done.  The U.S. Constitution guarantees that “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof…” (First Amendment).  So, to prevent discrimination based on religion without violating the Establishment Clause, Congress requires accommodations for an […]

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The Right to Privacy in South Carolina

Recently, the South Carolina Supreme Court struck down the state’s Fetal Heartbeat and Protection from Abortion Act (the “Act”), finding that it violates a woman’s right to privacy as guaranteed by the South Carolina Constitution.  It’s no secret that rights surrounding abortions and women’s health care are a hot topic in the media and politics. 

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PUMP Act

Motherhood is tough.  Working outside the home while also being a mom is even tougher.  Federal lawmakers recently approved the PUMP Act, attempting to make breastfeeding a little easier for working moms.    The Fair Labor Standards Act (FLSA) previously required employers to provide a place (that is not a bathroom) and unpaid break time

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Employee? Independent Contractor? Who Knows?

You’ve started a business and things are booming!  Now you need help getting all the work done.  Do you hire an employee or an independent contractor?  What’s the difference and why does it matter?    In short, the United States Department of Labor (DOL) puts restrictions on labeling workers as independent contractors to protect those

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Yes, You Need an Operating Agreement. No, the One You Downloaded Isn’t Sufficient.

The fun of being an entrepreneur is developing your winning idea for the new product or service you want to offer. The last thing people want to do is stop their creative process and deal with the paperwork. But making sure your business-house is in order before launching your big idea is CRITICAL to your

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