Penny C. Wofford

Shareholder || Greenville

Penny Wofford is a South Carolina Supreme Court Certified Specialist in Employment and Labor Law. She concentrates her practice in the area of employment litigation and employee benefits. She advises and defends employers, employer-sponsored plans, and plan fiduciaries against all types of claims under ERISA and employment discrimination laws. Penny not only provides proactive counseling and legal advice to employers and management regarding human resources issues but also assists employers with the design, drafting, and administration of welfare benefit plans. Penny is a frequent speaker on employee benefits and employee leave topics and regularly provides company and supervisor training on employment discrimination, documentation and confidentiality.

During law school, Penny served as a member of the University of South Carolina Law Review from 1996 until 1998.

Learn more about Penny C. Wofford
  • Defended a national hosiery company against a former executive employee claim under a phantom equity appreciation plan
  • Won summary judgment in a reverse-race discrimination and retaliation claim for a national home improvement retail company
  • Assisted a number of employers with Department of Labor health plan audits
  • Won trial in ERISA case for a welfare plan sponsored by a national transportation company

Education

  • J.D., University of South Carolina, 1998
  • B.A., magna cum laude, University of South Carolina, 1994

Admittance to Practice

  • South Carolina
  • North Carolina
  • Georgia
  • U.S. Court of Appeals, Fourth Circuit
  • U.S. District Court, Eastern, Middle and Western Districts of North Carolina
  • U.S. District Court, District of South Carolina

Professional Activities

  • American Bar Association (Employee Benefits Committee, Labor and Employment Section)
  • Greenville Society of Human Resource Management (Past President)

Speeches

  • Corporate Labor and Employment Counsel Exclusive - "Complex Leave Challenges: Round 3 - Employee Benefits" - La Quinta - November 9, 2018
  • Ogletree Deakins Workplace Strategies Seminar - "OUCH! Top Challenges in Handling the Myriad Issues Resulting From Work-Related Injuries" - Phoenix - May 10, 2018
  • Labor and Employment Counsel Exclusive - "Under Review: The Future of Traditional Performance Appraisals" - Boca Raton - November 9, 2017
  • Performance Driven Forum - "Panel Discussion: Classify This: Emerging Employment Relationships" - Greer - June 22, 2017
  • SHRM17, Annual Conference & Exposition - "Complex Leave Issues: Intersection of the FMLA and ADA" - New Orleans - June 2017
  • SHRM17, Annual Conference & Exposition - "How to Win Employment Lawsuits Before They Are Filed" - New Orleans - June 2017
  • Ogletree Deakins Workplace Strategies Seminar - "Workplace “Perks” Toolkit: Avoiding Potential Pitfalls Associated With New Employee “Perks”" - San Diego - May 4, 2017
  • Ogletree Deakins Employee Benefits and Executive Compensation Symposium - "An Ounce of Prevention: How Successful Wellness Programs Can Steer Clear of Legal Complications" - Austin - March 22, 2017
  • Greenville SHRM - "What's Ahead for Human Resources in 2017" - Greenville - January 10, 2017
  • SHRM's 67th Annual Conference and Exposition - "Leaves as Reasonable Accommodation: How Much Is Enough and Is Anything Unreasonable?" - Las Vegas - June 29, 2015
  • SC Business Coalition on Health Conference - "The Affordable Care Act: What’s Ahead for Employers" - Greenville - May 19, 2015
  • Greenville Chapter of SHRM - "Same Sex Marriages and Employment Law" - Greenville - April 7, 2015
  • Southern Employee Benefits Regional Conference - "The Affordable Care Act: What’s Ahead for 2015?" - Greenville - February 24, 2015
  • SHRM 2014 Employment Law and Legislative Conference - "Health Care Reform Strategies for 2014" - Washington, D.C. - March 17, 2014
  • ACC Annual Meeting - "Affordable Care Act: Healthcare Reform Strategy for Employers' In-House Counsel" - Los Angeles - October 28, 2013
  • SHRM 2012 Annual Conference - "Managing Leaves of Absence" - Atlanta - June 27, 2012
  • SHRM 2012 Annual Conference - "To 2014 and Beyond! Considerations for Full Implementation of Health Care Reform" - Atlanta - June 26, 2012
  • SHRM Annual Conference - "Preparing A Strategy For The Next Phase Of Healthcare Reform" - Las Vegas - June 27, 2011
  • November/December 2009 - Counsel to Counsel - "As Washington Debates Health Care, Employers Must Make Choices"
  • October 10, 2017 - SHRM Online - "Not Every Aspect of Form 1095-C Can Be Outsourced"
  • October 4, 2017 - SHRM Online - "Prepare for Early 2018 ACA Information Reporting on Health Coverage"
  • September 20, 2017 - SHRM Online - "Prepare for 2017 ACA Information Reporting"
  • June 26, 2017 - Business Management Daily - "Overheard at SHRM: Highlights from the Annual HR-palooza"
  • June 21, 2017 - SHRM Online - "Differences Between FMLA, ADA Make Leave Coordination Challenging"
  • June 19, 2017 - SHRM Online - "Help Avoid Employee Lawsuits by Being Fair"
  • March 23, 2015 - SHRM Online - "ACA at 5th Anniversary: Neither Poison Nor Panacea"
  • March 17, 2014 - SHRM.org - "Undertake Health Care Reform Strategies Now"
  • November 4, 2013 - National Law Journal - "GCs Sweat Implementation of Insurance Mandate"
  • October 29, 2013 - Corporate Counsel - "Potholes and Tolls on the Road to Obamacare Compliance"
  • January 17, 2013 - The Wall Street Journal - "A Health Scare for Small Businesses"
  • January 17, 2013 - The Wall Street Journal - "Insurance Rule Will Go By Size Of 2013 Staff"
  • June 29, 2012 - Charlotte Business Journal - "Health-care reform stands: What’s next for employers?"
  • June 28, 2012 - Nashville Business Journal - "So, You Don't Provide Health Care. What'll That Cost You?"
  • June 28, 2011 - BNA's Daily Labor Report - "Next Phase PPACA Compliance Will Require Planning and Step-By-Step Implementation"
  • Best Lawyers Award Badge
  • South Carolina Super Lawyers
  • Super Lawyers – Corporate Counsel Edition
  • AV Preeminent Peer Review by Martindale-Hubbell
  • Best Lawyers in America (2013-present)
  • Acritas Star (2018-present)

Insights by Penny C. Wofford