South Carolina: Court Clarifies Limits of Employer Liability for Workplace Use of Force

Discussion

In Moore v. Green’s Grocery, LLC, the Supreme Court of South Carolina affirmed dismissal of a civil lawsuit against an employer after its employee fatally shot a customer during a workplace confrontation.

The case arose from a September 2020 incident at a Charleston grocery store. A customer entered the store to purchase a phone charger, and a heated confrontation ensued between the customer and an employee (the store owner’s nephew). The dispute escalated to the point that the customer’s conduct placed the employee in reasonable fear of imminent serious injury, and the employee shot and killed the customer. The employee was charged with murder, but following an immunity hearing, the circuit court found that the customer’s actions gave the employee the statutory right to use lethal force under South Carolina’s Protection of Persons and Property Act (the state’s “castle doctrine” statute). The murder charge was dismissed, and the state did not appeal.

The customer’s estate subsequently sued the grocery store and its owner, seeking to hold the employer liable under theories of negligent hiring, supervision, or retention, independent of the employee’s personal justification for using force. The circuit court dismissed the suit, concluding that the unchallenged immunity order established the employee was not at fault, and that the employer could not be held liable where the underlying act was lawful. The state supreme court agreed.

The court reasoned that when an employee’s use of force is determined to be lawful and justified, there is no “underlying wrongful conduct” to which any independent negligent acts of the employer could relate. The court distinguished its prior decisions in Woodell by Allen v. Marion School District One and Greenville Memorial Auditorium v. Martin, in which employers were not shielded from liability despite third-party criminal acts, because in those cases the plaintiffs’ claims rested on the employers’ own negligence tied to wrongful underlying conduct. Here, by contrast, the court explained that the employee’s conduct “was not criminal—nor was it wrongful in any respect.” Because there was no wrongful act at the foundation of the case, independent negligence claims against the employer could not attach.

While the decision reflects a win for this company, employers generally should recognize that the outcome here depended heavily on the specific facts, including an unchallenged immunity order finding that the shooting was justified. Different circumstances could yield a different result. At bottom, this case serves as an important reminder for employers to review their workplace violence prevention procedures, including de-escalation training, clear use-of-force policies, and protocols for handling confrontational customers.

Action Items

1. Review and update workplace violence prevention procedures, as applicable.

Disclaimer: This document is designed to provide general information and guidance concerning employment-related issues. It is presented with the understanding that ManagEase is not engaged in rendering any legal opinions. If a legal opinion is needed, please contact the services of your own legal adviser. © 2026 ManagEase

Tennessee: Legislative Updates

Discussion

Tennessee enacted several new laws this session affecting employer liability exposure and compliance obligations, ranging from immigration-related driver requirements to child care hosting arrangements and delivery network insurance standards. Key aspects of each are summarized below.

Employer Liability for Unauthorized Commercial Drivers. Effective July 1, 2026, SB 1587 creates new criminal offenses and civil liability exposure for employers of commercial motor vehicle (CMV) drivers who are unlawfully present in the United States. It is now a Class A misdemeanor for a “direct employer” (the entity that hires, compensates, and directly supervises the driver, excluding customers, shippers, brokers, or other contracting parties without direct employment authority) to knowingly employ and allow such an individual to operate a CMV in Tennessee, and it is a separate offense for the driver to do so. Law enforcement officers who arrest a driver for this offense must ensure federal immigration authorities are notified.

More significantly for employers, the law creates a new strict liability civil cause of action: a direct employer that knowingly employs such a driver is strictly, jointly, and severally liable for any personal injury or property damage the driver causes while operating a CMV, exposing the employer to compensatory damages, potential punitive damages, and attorneys’ fees. Notably, an employer is presumed not to have acted “knowingly” if it complies with Tennessee’s existing employment verification requirements, and the law clarifies that this new liability may not be automatically covered under existing liability insurance policies unless the policy expressly provides for it.

Liability Protection for Employers That Host or Subsidize Child Care. Effective July 1, 2026, and applicable to actions arising on or after that date, SB 1683 establishes the “Tennessee Child Care Hosting Safe Harbor Act” which shields employers from civil liability for the acts or omissions of a licensed child care provider operating on the employer’s property or subsidized through the employer. The law covers employers that subsidize child care costs for employees (through reimbursement, direct payment, tuition assistance, or similar financial assistance) or that host a licensed child care provider on their premises, so long as the employer does not itself operate or manage the provider. Importantly, merely providing space, utilities, maintenance, security, capital improvements, or financial support does not, by itself, constitute “operating, controlling, or managing” the provider for purposes of losing this protection. The safe harbor does not apply, however, where the employer’s gross negligence or willful misconduct is the proximate cause of an injury, or where the employer operates, controls, or manages the provider, is itself licensed as a child care provider, or employs, supervises, or directs the provider’s staff.

Automobile Liability Requirements for DNCs. Effective January 1, 2027, HB 2175 establishes automobile liability insurance requirements for delivery network companies (“DNCs,” businesses that use a digital app or platform to connect customers with drivers for delivery services) and their drivers. During a driver’s “delivery availability period” (logged into the app awaiting a request) and “delivery service period” (actively picking up and delivering goods), the DNC, the driver, or a combination of both must maintain primary automobile liability insurance covering at least $50,000 per person and $100,000 per accident for bodily injury, and $25,000 for property damage. If a driver’s personal coverage lapses or falls short, the DNC’s insurance must fill the gap from the first dollar of a claim, and the DNC’s insurer bears the duty to defend. The law also permits personal auto insurers to exclude coverage during these delivery periods, and requires DNCs to disclose their insurance coverage and limits, as well as the fact that a driver’s personal policy may not provide coverage, in writing to drivers before they can accept delivery requests.

Action Items

1. Review employment eligibility verification practices for compliance, as applicable.
2. Consult with legal counsel regarding application of the child care benefits safe harbor protection, as applicable.
3. Review and update automobile liability insurance coverage to meet the new minimum requirements, as applicable.

Disclaimer: This document is designed to provide general information and guidance concerning employment-related issues. It is presented with the understanding that ManagEase is not engaged in rendering any legal opinions. If a legal opinion is needed, please contact the services of your own legal adviser. © 2026 ManagEase

Virginia: The Legislative Updates Continue!

Discussion

Virginia’s 2026 legislative session produced a broad set of employment-related bills, including changes affecting retirement savings, wage garnishment, child labor, background screening, and local government authority. Key aspects of each are summarized below.

Retirement Savings Program Expansion. Effective July 1, 2026, HB 176 expands the state-facilitated IRA program administered by the Commonwealth Savers Plan. The bill lowers the eligible employer threshold from 25 employees to five, removes the requirement that eligible employees work at least 30 hours per week, and adds a minimum age of 18 for individuals enrolling independent of an employer relationship. The bill also expands the governing board’s authority to add features such as a lifetime income investment option, financial literacy initiatives, and incentives for employer and employee participation. Employers who withhold employee contributions must remit them within 10 business days of withholding or risk penalties.

Expanded Work Opportunities for Minors. Effective July 1, 2026, HB 275 allows 16-and-older students to participate in registered apprenticeships or work-based learning programs in culinary arts or information technology, provided they remain enrolled in an accredited secondary school and the work complies with applicable law. In connection with HB 1218, Virginia’s broader child labor amendments, also effective July 1, 2026, prohibit minors from working in occupations designated hazardous under federal rules while allowing minors 14 and older to work in summer camps.

New Background Check Standards for Rideshare Drivers. Effective July 1, 2026, HB 1469 revises background screening requirements for transportation network company (rideshare) partners. Checks may no longer be limited to a specific look-back period, except as otherwise required by law, and must cover all addresses where the partner has resided since age 18. The bill also requires that screening entities be accredited through the Professional Background Screening Association.

New Limits on Wage Garnishment. Effective July 1, 2026, HB 1100 limits a treasurer’s lien for delinquent taxes or local charges to 25% of a taxpayer’s disposable earnings in a single pay period, unless the taxpayer’s income exceeds 250% of the poverty guideline, a court finds evidence of flight risk or asset concealment, or the funds are held in trust for a local governing authority. Separately, SB 301 requires financial institutions to automatically exempt a minimum protected account balance of up to $1,000, as well as certain benefit payments deposited within the two months preceding an account review, from garnishment. Judgment debtors are not required to request a hearing to claim this protection, though the automatic exemption does not apply to child support or spousal support obligations.

Local Successorship Ordinances for Service Employers. Effective July 1, 2026, SB 430 grants localities authority to adopt ordinances or resolutions requiring successor service employers, those taking over contracts involving property maintenance, airport services, or school food service, to retain incumbent employees for a 90-day transition period. Employers who violate a qualifying local ordinance may face civil liability and monetary damages.

Tobacco Retailer Licensing Transferred to ABC Authority. Effective July 1, 2026, with certain provisions delayed until October 1, 2026, HB 308 restructures oversight of liquid nicotine and retail tobacco products, transferring licensing and enforcement from the Department of Taxation to a new permitting system under the Virginia Alcoholic Beverage Control Authority. Permittees will be subject to unannounced compliance buys at least once every 24 months to confirm they are not selling tobacco products to individuals under 21.

Action Items

1. Review retirement plan offerings to determine whether the lowered eligibility threshold now requires participation in the state savings program.
2. Employers of minors should review job duties and scheduling practices for compliance.
3. Rideshare companies should update background check protocols to comply with the expanded scope and new accreditation requirement.
4. Employers should update payroll and garnishment procedures, as applicable.
5. Tobacco employers should prepare for permitting and compliance checks, as applicable.
6. Have appropriate personnel trained on all updated requirements.

Disclaimer: This document is designed to provide general information and guidance concerning employment-related issues. It is presented with the understanding that ManagEase is not engaged in rendering any legal opinions. If a legal opinion is needed, please contact the services of your own legal adviser. © 2026 ManagEase

Discussion

Wyoming: Portable Benefit Accounts for Independent Contractors

As of July 1, 2026, SB 41 authorizes the establishment of portable benefit accounts for independent contractors, without impacting their status as an independent contractor. Portable benefit accounts include health benefits, income replacement insurance, vision and dental insurance, life insurance or retirement benefits. Certain requirements must be met like having a written agreement with an opt-out option.

Disclaimer: This document is designed to provide general information and guidance concerning employment-related issues. It is presented with the understanding that ManagEase is not engaged in rendering any legal opinions. If a legal opinion is needed, please contact the services of your own legal adviser. © 2026 ManagEase