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Author: Law Office of Gem McDowell, P.A

Employee or Independent Contractor? Employers Need to Know DOL’s Proposed Rule

This blog will be updated with relevant developments = Misclassification of workers by employers is a big problem, according to the Department of Labor (DOL). “The misclassification of employees as...

Involved in Real Estate or Passive Activities? Passive Activity Loss Rules to Know

Let’s say you’ve dipped your toe into the real estate game and flipped a house. Instead of making a killing on it, you took a big financial hit. When tax...

Partnership Representatives: What Partners and LLC Members Need to Know Now

Are you a member of a partnership or a multi-member LLC that’s taxed like a partnership? If so, you need to know about partnership representatives. A partnership representative is an...

What is “Unconsionability” in the Law?

What is “unconscionability” in the law, and how is it viewed by the high courts in South Carolina? In this blog we’ll look at the definition of unconscionability, its elements,...

Risks for Personal Representatives: When Distributing Assets Becomes a Breach of Fiduciary Duty

Oftentimes, a personal representative (executor) in charge of settling a decedent’s estate is also a named heir who may be entitled to assets under the terms of the will. In...

I’m a Personal Representative – Now What? Rights, Roles, Responsibilities, and Risks

An important part of creating a last will is naming a personal representative (executor) to handle matters once the testator or testatrix has died. But what does a personal representative...

What Are Enterprise Goodwill and Personal Goodwill and Are They Marital Assets in SC?

The value of a business is determined by a number of factors, including its income, physical assets like buildings and equipment, and intangible assets like goodwill. But what exactly is...

Same-Sex Marriage in South Carolina After Obergefell

The US Supreme Court made history with the 2015 decision Obergefell v Hodges, ruling that same-sex couples have a right to marry under the Fourteenth Amendment of the Constitution. Before...

At-Will Employment in South Carolina: New Supreme Court Rulings

You may know that South Carolina is an at-will employment state. But what does that really mean? In an at-will employment state, work is presumed to be at-will unless otherwise...

Civil Conspiracy Claims in South Carolina After Abolishing the Todd Rule

The South Carolina Supreme Court has done away with the so-called Todd rule. This comes from the court’s 2021 decision in Paradis v Charleston County School District (find the opinion...
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