On November 26, 2013, the Assembly introduced a bill (A4498) to prohibit confidentiality in any agreement to settle a claim or action in which a public entity or public employee (in his or her capacity as a public employee) is a named party, including employment-related claims. The bill contains very limited exceptions (e.g., matters involving national security, when disclosure would reveal the identity of victims of sex crimes or the abuse of children who were under the age of 18 at the time of the offense, etc.). The legislation has been referred to the Assembly Judiciary Committee.
Overruling its own precedent, the U.S. Court of Appeals for the Seventh Circuit (which covers Indiana, Illinois, and Wisconsin) recently held that the Americans with Disabilities Act (ADA) requires employers to reassign disabled employees to vacant positions for which they are qualified, provided that such accommodation ordinarily would be reasonable…..
The U.S. Court of Appeals for the Fifth Circuit recently held that a group of directional driller consultants were independent contractors, not employees, in large part due to their highly specialized skills, degree of control over their own projects, and ability to control their profits and analyzed losses.
Workers' Compensation Update: Governor Signs Executive Order Requiring Commission Use of Objective Standards
In response to concerns regarding the lack of predictability or objective standards in workers’ compensation awards for permanent impairment, on September 20, 2007, South Carolina Governor Mark Sanford signed Executive Order 2007-16, directing the South Carolina Workers’ Compensation Commission and its individual commissioners to “strictly apply either AMA Guides or any other accepted medical treatise or authority in making their injury compensation determinations” in contested cases.