Employment & Labor Law Board Certification by the South Carolina Supreme Court

The South Carolina Supreme Court Commission on Continuing Legal Education and Specialization has established comprehensive standards for attorneys seeking certification in Employment and Labor Law. These standards ensure that certified specialists demonstrate significant expertise, experience, and professionalism in this complex area of practice. Below is an overview of the key requirements:

1. Active Bar Membership

• Eligibility: Applicants must be active members in good standing of the South Carolina Bar at the time of application.

2. Experience and Practice Focus

• Minimum Practice Requirement: Applicants must have at least five years of full-time legal practice immediately preceding their application. During this time, at least 35% of their practice must be dedicated to Employment and Labor Law.
• Specialization Focus: Specifically, during 48 of the 60 months immediately preceding the application, the applicant must have focused their practice primarily on matters related to employment and labor law. This includes workplace policies, employee rights, wage disputes, discrimination claims, compliance with state and federal employment laws, and representation before administrative agencies and courts.

3. Continuing Legal Education (CLE)

• CLE Requirements: Applicants must complete at least 18 hours of approved CLE in Employment and Labor Law within the application year. These CLE credits must be approved by the South Carolina Commission on CLE and Specialization.

4. Professional References

• Reference Submission: Applicants must provide at least five reference statements from practicing attorneys who can attest to their competence in Employment and Labor Law. At least one of these references must come from a Board-Certified Employment and Labor Law Specialist, if available.

5. Professional Liability Insurance

• Insurance Coverage: Applicants must maintain professional liability insurance with a minimum coverage of $1,000,000. Proof of this insurance must be submitted with the application.

6. Written Examination

• Examination: Applicants must pass a written examination that evaluates their knowledge and proficiency in Employment and Labor Law. This examination ensures that only those with a comprehensive understanding of the field receive certification.

7. Certification Duration and Recertification

• Five-Year Certification: Certification as an Employment and Labor Law Specialist is valid for five years. During this time, certified specialists must continue to meet all maintenance requirements, including annual CLE and professional liability insurance.
• Recertification Process: Every five years, specialists must apply for recertification by demonstrating continued compliance with certification standards. This includes verifying ongoing practice focus in Employment and Labor Law, maintaining CLE requirements, and providing proof of insurance.

These standards ensure that attorneys certified in Employment and Labor Law by the South Carolina Supreme Court Commission on CLE and Specialization are highly qualified, ethical, and dedicated professionals capable of handling complex workplace legal matters with the highest level of competence.

The application process for Board Certification in Employment and Labor Law by the South Carolina Supreme Court Commission on Continuing Legal Education and Specialization involves several detailed steps:

1. Eligibility and Bar Membership

• Active Membership: Applicants must be active members in good standing with the South Carolina Bar at the time of application.

2. Experience and Practice Focus

• Minimum Practice Requirement: Applicants must have at least five years of full-time legal practice, with at least 35% of their work dedicated to Employment and Labor Law during 48 of the 60 months immediately preceding the application year.
• Scope of Practice: This includes handling matters related to workplace policies, wage disputes, discrimination claims, employee rights, employer compliance, and representation in administrative proceedings or court.

3. Continuing Legal Education (CLE)

• CLE Requirements: Applicants must complete a minimum of 18 hours of specialized CLE in Employment and Labor Law within the year of application.
• Approval of Credits: CLE credits must be approved by the South Carolina Commission on CLE and Specialization. CLE credits earned in previous years cannot be used to meet this requirement.

4. Professional References

• Reference Submission: Applicants must provide at least five reference statements from practicing attorneys who can attest to their competence in Employment and Labor Law.
• Specialist Endorsement: At least one reference must come from a Board-Certified Employment and Labor Law Specialist, if available. These references validate the applicant's professional reputation and expertise in the field.

5. Professional Liability Insurance

• Insurance Requirement: Applicants must maintain professional liability insurance with a minimum coverage of $1,000,000.
• Proof of Coverage: Documentation of insurance must be submitted with the application, and the provider must be acceptable to the Commission.

6. Written Examination

• Examination: Applicants are required to pass a written examination designed to assess their knowledge and expertise in various areas of Employment and Labor Law.
• Purpose: This ensures that applicants possess a comprehensive understanding of the complexities involved in employment law practice.

7. Confidential Inquiry and Final Submission

• Confidential Inquiry: Applicants must consent to a confidential inquiry conducted by the Commission, which may include contacting provided references or other individuals to assess the applicant’s competence and ethical standards.
• Final Submission: Once all requirements are completed, including CLE, reference submission, and passing the examination, the final application must be submitted to the South Carolina Supreme Court Commission on CLE and Specialization for review.

This rigorous application process ensures that only the most qualified and experienced attorneys achieve certification in Employment and Labor Law, signifying their expertise and dedication to this specialized area of legal practice.

Maintaining certification as an Employment and Labor Law specialist through the South Carolina Supreme Court Commission on Continuing Legal Education and Specialization requires ongoing commitment to professional excellence and compliance with established standards. Certified specialists must fulfill specific annual requirements, undergo recertification every five years, and may face decertification if obligations are not met. These measures ensure that only those who consistently uphold the highest standards in Employment and Labor Law retain their certification.

Annual Duties

1. Continuing Legal Education (CLE):

   • Certified specialists must complete at least 18 hours of approved CLE in Employment and Labor Law each year.
   • Up to eight excess hours can be carried forward to the next year to meet future requirements.

2. Professional Liability Insurance:

   • Specialists must maintain professional liability insurance with a minimum coverage of $1,000,000 and provide proof of coverage annually.

3. Active Practice Certification:

   • Specialists must annually certify that they are engaged in full-time legal practice, with at least 35% of their work dedicated to Employment and Labor Law.

Recertification

1. Five-Year Recertification Cycle:

   • Certified specialists must apply for recertification every five years. This process ensures continued compliance with all certification standards.

2. Application Submission:

   • The recertification application must confirm that the specialist has:
     • Maintained at least 35% of their full-time practice in Employment and Labor Law over the past five years.
     • Completed the required CLE hours and maintained professional liability insurance during the certification period.

Decertification

1. Grounds for Decertification:

   • Certification may be revoked for failure to comply with annual duties, such as:
     • Not meeting CLE requirements.
     • Failing to maintain professional liability insurance.
     • Not adhering to the required practice focus in Employment and Labor Law.

2. Review Process:

   • If a specialist does not meet the requirements, the Commission may initiate a review process.
   • The specialist will be notified of potential decertification and may have the opportunity to appeal the decision.

These procedures ensure that certified Employment and Labor Law specialists maintain their expertise, professionalism, and commitment to the high standards required in this specialized field of law.