Tag: Employment Law

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Our Purpose, Vision, and Values at Cromer Babb Porter

Written by Cromer Babb on . Posted in Miscellaneous. Leave a Comment

At Cromer Babb Porter, LLC, we do more than practice employment law; we advocate, challenge, and lead. As a plaintiff-side employment law firm based in Columbia, South Carolina, we are driven by a clear and unwavering set of principles that guide how we serve our clients and how we aim to shape the future of workplaces.

Below, we share the foundation of our firm’s identity: our Purpose, Vision, Mission, Core Values, Beliefs, and Imperatives. These aren’t just words. They’re the commitments we live by in every case, for every client.

Why We Do This Work

Our Purpose:
To fight for those who have been wronged in the workplace.

Whether it’s wrongful termination, discrimination, harassment, or retaliation, we stand with workers—not employers—to make things right.

Where We’re Headed

Our Vision:
To be South Carolina’s leader in employment law.

We strive to set the standard for employee advocacy across the Palmetto State. Our vision includes expanding access to high-quality legal support for employees, setting legal precedents that protect workers, and contributing to a fairer, more inclusive work environment for everyone.

What Guides Us

Our Values:

  • Honesty – We are straightforward with our clients and transparent in our communication. Integrity drives every interaction.
  • Knowledge – We know employment law inside and out.
  • Communication – We keep our clients informed every step of the way.
  • Fearlessness – We take on tough cases, go up against powerful employers, and are unafraid to challenge the status quo when justice is at stake.

Our Beliefs:
We believe in fighting unjust workplace behavior, in advocating on our client’s behalf, and in building a more advanced workplace.

To put our beliefs into action, we commit to:

  • Standing for those in need – Every client deserves a champion.
  • Delivering results in a timely manner – Justice delayed is justice denied.
  • Communicating clear expectations – So clients know what to expect and feel supported every step of the way.

Why It Matters

At Cromer Babb Porter, LLC, we know how deeply employment issues can affect your livelihood, health, and future. Our purpose, vision, and values are not just internal motivators. They directly impact the quality of service we deliver to every client.

If you’ve been treated unfairly at work or are navigating a complex employment law issue, we’re here to help. Contact us today for a consultation and let us fight for your rights in the workplace.

If you’re facing workplace discrimination, wrongful termination, or another employment issue in South Carolina or North Carolina, let our team help you fight back. Cromer Babb Porter, LLC is here to protect your rights.

Employment Law

What You Need to Know About Sexual Harassment at Work

Written by Cromer Babb on . Posted in Employment Law, Equal Employment Opportunity Commission, Harassment and Sexual Harassment, Miscellaneous. Leave a Comment

What counts as sexual harassment at work?

Sexual harassment includes unwelcome comments, actions, or behavior based on sex. It can be verbal, physical, or visual, and can create a hostile or offensive work environment.

Does sexual harassment have to be physical?

No. It can be verbal (like inappropriate jokes or comments) or nonverbal (like suggestive looks or gestures).

What should I do if I’m being sexually harassed by a coworker?

Report it to your supervisor, HR department, or follow your company’s complaint procedure. Keeping a record of what happened can also help.

Can my boss fire me for reporting sexual harassment?

No. Retaliation for reporting harassment is illegal. You have protections under South Carolina and federal law.

What if the harassment happens outside of work hours?

If it’s connected to work — like at a company event or between coworkers — it can still be considered workplace harassment.

How long do I have to file a claim of sexual harassment?

In South Carolina you have 300 days from the date of harassment to file a charge with the EEOC, but acting sooner is better.

What if the person harassing me is a client or customer?

Employers are still responsible for protecting employees from harassment by clients, vendors, or customers.

Can sexual harassment happen to men too?

Yes. Harassment can happen to anyone, regardless of gender.

What should an employer do if someone reports sexual harassment?

They should take the complaint seriously, investigate promptly, and take steps to stop the harassment if it’s happening.

Can I be punished for supporting a coworker’s harassment claim?

No. Retaliating against someone for reporting or supporting a claim is illegal.

Is one comment or incident enough to be harassment?

Sometimes. If the incident is severe enough (like assault), one incident can be considered harassment. Otherwise, harassment is often judged based on repeated behavior.

Does Cromer Babb and Porter handle sexual harassment?

Yes, we do. Please use our inquiry form here. You can also give us a call at (803) 799-9530 or email info@cromerbabb.com

Employment Law, FAQ, Sexual Harassment

Strong Women in Employment Law: Progress, Challenges, and Successes

Written by Cromer Babb on . Posted in Discrimination, Employment Law, Harassment and Sexual Harassment, Miscellaneous, Retaliation. Leave a Comment

March 8 marks International Women’s Day, a time to celebrate the achievements of women worldwide and recognize the ongoing fight for gender equality. Women in employment law have been at the forefront of landmark cases and legal advancements that have shaped workplace rights and protections. From securing equal pay to challenging workplace discrimination, their contributions have left a lasting impact.

Landmark Moments for Women in Employment Law

Women in employment law have helped set critical legal precedents. For example, Lilly Ledbetter became a symbol of the fight for pay equity after her lawsuit against Goodyear Tire & Rubber Co. highlighted wage discrimination, ultimately leading to the passage of the Lilly Ledbetter Fair Pay Act in 2009. In Meritor Savings Bank v. Vinson, Mechelle Vinson alleged that she was subjected to unwelcome sexual advances and coercion by her supervisor, setting a precedent for recognizing hostile work environment harassment under Title VII.

Our Firm’s Female Attorneys Leading the Way

At Cromer Babb & Porter, we are proud to have strong women in employment law who dedicate their careers to fighting for workplace justice. Shannon Polvi, Beth Bowen, Harper Hutson, and Jill Lesley tirelessly advocate for employees facing discrimination, retaliation, and unlawful treatment. Their commitment to justice has helped workers throughout South Carolina and beyond. Whether representing clients in court, negotiating settlements, or pushing for policy changes, they are making a difference every day.

As we celebrate International Women’s Day, we recognize the vital role women have played—and continue to play—in shaping employment law and fighting for workers’ rights. Let’s continue to support and uplift those who break barriers and demand equality in the workplace.

Sources:

Employment Law

Filing Your Own Wage Claim in South Carolina: Your Rights and the Process

Written by Cromer Babb on . Posted in Employment Law, Wage Disputes. 2 Comments

Wage disputes can be frustrating, but it’s important to know that you have rights under both the South Carolina Payment of Wages Act and the federal Fair Labor Standards Act (FLSA). These laws protect you from unfair wage practices, ensuring that you receive the pay you’ve earned. Understanding these protections can help you determine if your wage dispute warrants filing a complaint. This guide will break down the basics and walk you through the first steps.

Understanding Your Rights Under the South Carolina Payment of Wages Act

The South Carolina Payment of Wages Act requires most employers to pay employees any wages due upon separation within 48 hours or by the next scheduled payday (within 30 days maximum). This law applies to employers with five or more employees, and “wages” are broadly defined, covering various types of compensation, including pay for hours worked, overtime, and leave if outlined in the company policy. Some key employer obligations under this law include:

  • Maintaining three years’ worth of employee records.
  • Providing written statements with each paycheck, detailing wages and deductions.
  • Notifying employees in writing of wage deductions at the time of hire or at least seven days in advance.
  • Paying separated employees in full by the next regular payday or within 30 days, whichever comes first.

If you believe your employer has not followed these requirements, filing a complaint with the S.C. Department of Labor, Licensing, and Regulation (LLR) is an option. For guidance, contact them at (803) 896-4470.

Additional Rights Under the Fair Labor Standards Act (FLSA)

Under the FLSA, covered employers must pay at least the federal minimum wage of $7.25 per hour and overtime (time-and-a-half) for hours worked over 40 in a workweek. However, not all jobs are covered, so check with the Department of Labor or an employment attorney to confirm your eligibility.

If your employer has withheld pay or failed to meet FLSA requirements, you have two main options:

  1. File an Administrative Complaint: Reach out to the U.S. Department of Labor’s Wage and Hour Division at 1-866-4-USWAGE.
  2. File a Lawsuit: In South Carolina, you can file a lawsuit to recover unpaid wages under the Payment of Wages Act, seeking up to three times the unpaid amount, plus costs and attorney’s fees. Under the FLSA, a litigant can receive liquidated (double) damages, and lawsuits must be filed within two years, or three years if the employer’s violation was intentional.

Steps to File Your Wage Complaint

  1. Gather Evidence: Collect records of your hours worked, pay stubs, and any communication with your employer about wages.
  2. Contact LLR: For Payment of Wages Act complaints, contact South Carolina LLR at (803) 896-4470.
  3. File a Claim or Lawsuit: Depending on your situation, you may file with either LLR or a court. Consult an employment attorney if you’re uncertain.

Additional Resources and Considerations

Remember, state law does not require employers to provide paid breaks, lunch periods, or paid vacation/sick leave. If you believe your employment rights were violated due to discrimination (race, age, disability, etc.), reach out to the South Carolina Human Affairs Commission for further assistance.

Need Help with Your Wage Dispute?

If you’re considering filing a wage complaint and want to ensure your rights are fully protected, our experienced team is here to help. Call our office to schedule a consultation.

Employment Law, Wage Dispute

Supreme Court Building

Chevron is Out of Gas: What the SCOTUS Decision in Loper Bright Enterprises Means for Employees

Written by Cromer Babb on . Posted in Employment Law, Equal Employment Opportunity Commission. Leave a Comment

By: Law Clerk Elizabeth Ropp, Edited by Attorney J. Paul Porter

For the past 40 years, Federal Agencies have wielded growing power over the day-to-day lives of American citizens. This growth is partially attributable to the 1984 ruling in Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc. Under the Chevron doctrine, courts gave deference to administrative agencies’ interpretations of congressional statutes. In practice, this allowed agencies to define and enforce (and arguably create) the law.

On June 28, 2024, the Supreme Court reversed this precedent in its decision in Loper Bright Enterprises v. Raimondo.

Before this landmark decision, when faced with a question of agency interpretation, courts asked two questions under the Chevron doctrine: (1) whether the statute is ambiguous and, if so, (2) whether the agency’s interpretation is reasonable. If the answer was ‘yes’ to both of these questions, courts ruled in favor of the agency’s interpretation. Now, the Supreme Court has eliminated this two-step test and instead, has weakened agency power by vesting itself with the sole discretion to say what the law is in the face of congressional ambiguity.

So, what does this mean in the context of labor and employment law? Right now, there are pending lawsuits that challenge rules and regulations promulgated by the Department of Labor, Equal Employment Opportunity Commission, Federal Trade Commission, National Labor Relations Board, and the Occupational Safety and Health Administration. Without Chevron deference, these agencies’ rules and regulations are more vulnerable to legal challenges.

Examples of vulnerable rules and regulations include: (1) increases to the minimum salary threshold for overtime exemption; (2) An EEOC rule that says employers must provide reasonable accommodation for their employees to receive abortions; (3) employee-friendly joint employer rules under the NLRB; and (4) the Federal Trade Commission’s rule banning most noncompete agreements in employment.

These examples relate to hot-button issues that will have real effects on employers and employees alike.

EEOC, Employment Law, FTC, NLRB, OSHA

Proposed FTC Rule to Outlaw Non-Compete Agreements

Written by Paul Porter on . Posted in Agreements and Contracts, Employment Law, Federal Trade Commission. Leave a Comment

By: Attorney J. Paul Porter

The Federal Trade Commission (FTC) published a proposed rule on January 5, 2023, that would make existing and future non-compete agreements illegal. The FTC says that around 30 million people in the United States are bound by non-compete clauses which restrict their ability to pursue better employment opportunities.

A non-compete agreement is a contract, called a restrictive covenant, that restricts an employee from working for a business or starting a business that does the same kind of work as the worker’s previous employer. These agreements often apply regardless of whether one leaves an employer voluntarily or is terminated.

The FTC says these agreements unfairly limit workers’ ability to earn a living and amount to an “unfair method of competition.” This rule, if it becomes an official regulation, will make existing non-compete agreements unenforceable and employers will have to notify their employees that their non-compete agreements are no longer valid within 180 days of the rules formal publication. It will also make it illegal to enter into new non-competes with employees.

The rule will not bar non-compete agreements for persons who are selling a business.

Right now, in South Carolina, non-compete agreements are enforceable if the employee got something of value for signing the agreement (called consideration), if they do not violate South Carolina public policy, and if they are reasonable as to their geographic reach, duration in time, and scope of work.

CBPH is experienced in assisting employees and former employees in reviewing restrictive covenants and in protecting them from claims they violated non-compete agreements. We are paying close attention to the rule-making process and will update here as significant developments occur.

Business Law, Employment Law, FTC, Non-compete, Noncompete, Restrictive Covenant

Welcome to the CBP Employment Law Blog!

Written by Paul Porter on . Posted in Miscellaneous. 6 Comments

By: Attorney J. Paul Porter

Starting this year, with the rollout of our new website, the attorneys and professional staff at Cromer Babb & Porter will make regular blog posts on this site to keep our peers, clients, and the community at-large up-to-date on news and developments in the law that relate to our practice areas.

This includes developments in employment discrimination law, legal issues concerning claims of sexual assault and sexual harassment, women’s rights more broadly, business law, wrongful termination law, government employee rights, and relevant new case law at the South Carolina Supreme Court, South Carolina Court of Appeals, and Federal Appellate Courts.

Our particular focus will be developments in the law or related current events that impact South Carolina workers and small businesses.

We will also keep you updated on important events and news concerning our lawyers and staff.

If you have questions about any of our posts, feel free to leave a comment on the post. We want this site to serve as an interactive hub for discussing cutting edge legal issues in our practice areas!

*This blog is a blog. It does not create an attorney-client relationship, and it’s content is not individualized advice. CBP does not have an attorney-client relationship with you unless you have an executed retainer with us.*

Business Law, Cromer Babb Porter & Hicks, Discrimination, Employment Law, Government Employees, Labor Law, Law, Sexual Assault, Sexual Harassment, State Employees, Women's Rights, Worker's Rights, Wrongful Termination

Locations in Columbia and Rock Hill
1418 Laurel Street, Suite A
Columbia, SC 29201
(803) 799-9530
info@cromerbabb.com

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Cromer Babb & Porter, LLC provides the information on this website for informational purposes only. The information does not constitute as formal legal advice. The use of this site does not create an attorney-client relationship, and further communication with our attorneys through the website and email may not be considered as confidential or privileged. Any result achieved on behalf of one client in one matter does not necessarily indicate similar results can be obtained for other clients. Clients may be responsible for costs in addition to attorney’s fees. Please consult with our firm prior to relying on any information found on this site.