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South Carolina Chamber of Commerce - Chamber Biz


 
April 17, 2012
 
 
April 24-27, 2012
10/30-Hour OSHA
 
 
May 16, 2012

June 7, 2012
 
June 12, 2012
 
June 14, 2012
 
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SUMMIT
 
 
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On this edition of CEO Corner, S.C. Chamber President and CEO Otis Rawl talks with Mary Anne Jacobs with the South Carolina Cable Television Association about South Carolina Business Week, being held July 15-20.
S.C. Chamber of Commerce prevails
in lawsuit against NLRB
Supreme Court ruling to
significantly impact LLCs
S.C. Chamber announces statewide
award recognition programs
Last chance to register for
next week’s OSHA training
 
S.C. Chamber of Commerce prevails in lawsuit against NLRB
Last week, the federal district court judge in the case filed by the South Carolina Chamber of Commerce and the U.S. Chamber of Commerce against the National Labor Relations Board (NLRB) ruled that employers do not have to post a notice informing their employees of certain rights to unionize. The case is the result of a lawsuit filed by the South Carolina Chamber of Commerce and others against the NLRB challenging the NLRB’s proposed rule to require employers to post a notice informing their employees of certain selected rights under the National Labor Relations Act (NLRA).  

The court held that the NLRB “exceeded its authority in violation of the Administrative Procedures Act.” This ruling comes on the heels of a March ruling by a federal district court in Washington, D.C. that upheld the NLRB’s authority to issue the notice posting rule but limited the remedies available to the board under the rule for a failure to post. The associations involved in the lawsuit and the NLRB have both appealed that decision.

In part based on the South Carolina decision, the Court of Appeals for the D.C. Circuit has now enjoined enforcement of the rule until the appeal in that case is complete. This means that no employer is required to post the notice of NLRA rights at this time.

The South Carolina Chamber thanks its members who supported this important effort and recognizes the efforts of partners at the U.S. Chamber of Commerce and Ogletree, Deakins, Nash, Smoak & Stewart who helped bring the Chamber to this point in the litigation. This ruling is an excellent example of the importance of the unified voice of business in standing up for rights against government encroachment.

Tim Timmons 803-255-2624 
 
Supreme Court ruling to significantly impact LLCs 
Last week, Senator Larry Martin (Pickens) introduced a Joint Resolution (S.1416) in response to an April 4 South Carolina Supreme Court ruling on personal liability for members of limited liability corporations (LLCs). Cosponsors are: Senators Paul Campbell (Berkeley), Phillip Shoopman (Greenville) and Ray Cleary (Georgetown).

In a 3-2 opinion, the Supreme Court held that the South Carolina General Assembly did not intend for the Limited Liability Corporation Act to shield a member of a LLC from personal liability for his own torts while acting in the course of business of the LLC. Therefore, members of LLCs are not insulated from personal liability when acting in good faith for the LLC. This ruling will have a significant impact on many businesses established as LLCs in South Carolina because a primary benefit of LLCs, a shield of personal liability, has been eliminated.

In the case, a member of a LLC was the general contractor for the construction of a spec condo project in Beaufort. Problems arose with the structural support of the house, and both the LLC and the member were sued for negligence. The Supreme Court found that the member of the LLC was personally liable for torts he committed in furtherance of the LLC’s business. The Court reasoned that the right to sue one’s wrongdoer is a long-standing common law principle, and the Court would not overturn this principle unless it was the clear intent of the legislature to do so. The Court was not persuaded that the intent of the General Assembly was to overturn the common law and shield a member of a LLC from personal liability for torts committed in the ordinary course of business of the LLC.

Senator Martin’s resolution clarifies the intent of the General Assembly by the enactment of the Limited Liability Corporation Act in 1996 was to shield a member of a LLC from personal liability for actions in furtherance of the LLC’s business.

Darrell Scott 803-255-2639
 
S.C. Chamber announces statewide award recognition programs
If you are seeking recognition for your company, two upcoming, high-profile awards programs may be the solution. The South Carolina Chamber of Commerce is currently seeking applicants for Best Places to Work in South Carolina and the South Carolina Manufacturer of the Year Awards.
 
The South Carolina Chamber and the publishers of SCBIZ magazine are seeking companies for Best Places to Work in South Carolina, an awards program open to all South Carolina for-profit and not-for-profit organizations with at least 15 employees working in South Carolina. Online applications must be completed by Friday, May 25. Upon completion of the assessment process, all participating companies will receive an Employee Feedback Report, which details the results of their specific survey. Similar reports can cost thousands of dollars if initiated independently. Winners will be contacted in early August. Call Best Companies Group toll free at 877-455-2159 with questions regarding the application process. View the 2011 Best Places to Work in South Carolina companies and rankings. Save the date for the recognition event, presented by Colonial Life, October 4 at the DoubleTree by Hilton in Columbia.

The Chamber is also seeking manufacturers who have a strong economic impact in South Carolina and a commitment to improving the state’s environment, workforce and quality of life. South Carolina Manufacturer of the Year Awards will be presented to a small, medium and large manufacturer. Learn more about the nomination process. The deadline for entries is Thursday, June 15 at 5 p.m. View the 2011 nominees and winners. All applicants will be honored at the South Carolina Chamber’s Manufacturer of the Year Awards luncheon, presented by Nexsen Pruet, LLC, August 29 at the Embassy Suites Hotel in Columbia.

The Annual Excellence in Workplace Diversity Awards nomination process will be announced soon.
Tish Anderson 803-255-2627

Last chance to register for next week’s OSHA training
The near-capacity 10- and 30-Hour OSHA courses will be held next week, April 24-27, in Columbia. The courses, taught by OSHA-authorized instructor Wilder Allen, are almost sold out and will present practical, proven information that can be implemented immediately in the workplace. Participants who successfully complete these courses will receive an official OSHA 10- or 30-hour course completion card from the U.S. OSHA. South Carolina’s OSHA guidelines are 99 percent consistent with federal OSHA guideline standards. Download a printable version of the registration form, or register online before this Thursday, April 19.

Alexa Stillwell 803-255-2621
  
 





 
 
 
 
 
 
 
 
 

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S.C. Chamber of Commerce prevails in lawsuit against NLRB
Last week, the federal district court judge in the case filed by the South Carolina Chamber of Commerce and the U.S. Chamber of Commerce against the National Labor Relations Board (NLRB) ruled that employers do not have to post a notice informing their employees of certain rights to unionize. The case is the result of a lawsuit filed by the South Carolina Chamber of Commerce and others against the NLRB challenging the NLRB’s proposed rule to require employers to post a notice informing their employees of certain selected rights under the National Labor Relations Act (NLRA).
The court held that the NLRB “exceeded its authority in violation of the Administrative Procedures Act.” This ruling comes on the heels of a March ruling by a federal district court in Washington, D.C. that upheld the NLRB’s authority to issue the notice posting rule but limited the remedies available to the board under the rule for a failure to post. The associations involved in the lawsuit and the NLRB have both appealed that decision.

In part based on the South Carolina decision, the Court of Appeals for the D.C. Circuit has now enjoined enforcement of the rule until the appeal in that case is complete. This means that no employer is required to post the notice of NLRA rights at this time.

The South Carolina Chamber thanks its members who supported this important effort and recognizes the efforts of partners at the U.S. Chamber of Commerce and Ogletree, Deakins, Nash, Smoak & Stewart who helped bring the Chamber to this point in the litigation. This ruling is an excellent example of the importance of the unified voice of business in standing up for rights against government encroachment.

Tim Timmons 803-255-2624

Supreme Court ruling to significantly impact LLCs
Last week, Senator Larry Martin (Pickens) introduced a Joint Resolution (S.1416) in response to an April 4 South Carolina Supreme Court ruling on personal liability for members of limited liability corporations (LLCs). Cosponsors are: Senators Paul Campbell (Berkeley), Phillip Shoopman (Greenville) and Ray Cleary (Georgetown).
In a 3-2 opinion, the Supreme Court held that the South Carolina General Assembly did not intend for the Limited Liability Corporation Act to shield a member of a LLC from personal liability for his own torts while acting in the course of business of the LLC. Therefore, members of LLCs are not insulated from personal liability when acting in good faith for the LLC. This ruling will have a significant impact on many businesses established as LLCs in South Carolina because a primary benefit of LLCs, a shield of personal liability, has been eliminated.

In the case, a member of a LLC was the general contractor for the construction of a spec condo project in Beaufort. Problems arose with the structural support of the house, and both the LLC and the member were sued for negligence. The Supreme Court found that the member of the LLC was personally liable for torts he committed in furtherance of the LLC’s business. The Court reasoned that the right to sue one’s wrongdoer is a long-standing common law principle, and the Court would not overturn this principle unless it was the clear intent of the legislature to do so. The Court was not persuaded that the intent of the General Assembly was to overturn the common law and shield a member of a LLC from personal liability for torts committed in the ordinary course of business of the LLC.

Senator Martin’s resolution clarifies the intent of the General Assembly by the enactment of the Limited Liability Corporation Act in 1996 was to shield a member of a LLC from personal liability for actions in furtherance of the LLC’s business.

Darrell Scott 803-255-2639

S.C. Chamber announces statewide award recognition programs
If you are seeking recognition for your company, two upcoming, high-profile awards programs may be the solution. The South Carolina Chamber of Commerce is currently seeking applicants for Best Places to Work in South Carolina and the South Carolina Manufacturer of the Year Awards.

The South Carolina Chamber and the publishers of SCBIZ magazine are seeking companies for Best Places to Work in South Carolina, an awards program open to all South Carolina for-profit and not-for-profit organizations with at least 15 employees working in South Carolina. Online applications must be completed by Friday, May 25. Upon completion of the assessment process, all participating companies will receive an Employee Feedback Report, which details the results of their specific survey. Similar reports can cost thousands of dollars if initiated independently. Winners will be contacted in early August. Call Best Companies Group toll free at 877-455-2159 with questions regarding the application process. View the 2011 Best Places to Work in South Carolina companies and rankings. Save the date for the recognition event, presented by Colonial Life, October 4 at the DoubleTree by Hilton in Columbia.
The Chamber is also seeking manufacturers who have a strong economic impact in South Carolina and a commitment to improving the state’s environment, workforce and quality of life. South Carolina Manufacturer of the Year Awards will be presented to a small, medium and large manufacturer. Learn more about the nomination process. The deadline for entries is Thursday, June 15 at 5 p.m. View the 2011 nominees and winners. All applicants will be honored at the South Carolina Chamber’s Manufacturer of the Year Awards luncheon, presented by Nexsen Pruet, LLC, August 29 at the Embassy Suites Hotel in Columbia.

The Annual Excellence in Workplace Diversity Awards nomination process will be announced soon.

Tish Anderson 803-255-2627

Last chance to register for next week’s OSHA training
The near-capacity 10- and 30-Hour OSHA courses will be held next week, April 24-27, in Columbia. The courses, taught by OSHA-authorized instructor Wilder Allen, are almost sold out and will present practical, proven information that can be implemented immediately in the workplace. Participants who successfully complete these courses will receive an official OSHA 10- or 30-hour course completion card from the U.S. OSHA. South Carolina’s OSHA guidelines are 99 percent consistent with federal OSHA guideline standards. Download a printable version of the registration form, or register online before this Thursday, April 19.

Alexa Stillwell 803-255-2621