S.C. Code Ann. § 41-27-270 — SC Code / Title 41 / Chapter 27 / Article 3 / Section 41-27-270
SECTION 41-27-270. Fund.
Status: in_force

"Fund" means the unemployment compensation fund established by Chapters 27 through 41 of this Title, to which all contributions required and from which all benefits provided under such chapters shall be paid.
S.C. Code Ann. § 41-18-10 — SC Code / Title 41 / Chapter 18 / Article 1 / Section 41-18-10
SECTION 41-18-10. Short title.
Status: in_force

This chapter may be cited as the "South Carolina Amusement Rides Safety Code". Effect of Amendment The 1998 amendment deleted "is known and" preceding "may be cited".
S.C. Code Ann. § 41-35-700 — SC Code / Title 41 / Chapter 35 / Article 5 / Section 41-35-700
SECTION 41-35-700. Appeal tribunals.
Status: in_force

(A) To hear and decide appeal claims, the executive director must appoint one or more impartial appeal tribunals consisting of either: (1) a referee, selected pursuant to Section 41-29-70; or (2) a body consisting of three members, one of whom: (a) must be a referee who must serve as chairman; (b) one of whom must be a representative of employers; and (c) the third of whom must be a representative of employees. (B) Each of the latter two members shall serve at the pleasure of the executive director and shall be paid a per diem as fixed in the annual state appropriation act for boards, commissions, and committees for each day of active service on a tribunal plus necessary expenses, as fixed in the annual appropriation act. A person must not participate on behalf of the department in any case in which he is an interested party. The department may designate alternates to serve in the absence or disqualification of a member of an appeal tribunal. The chairman must act alone in the absence or disqualification of another member and his alternate. The hearings must not proceed unless the chairman of the appeal tribunal is present. Effect of Amendment The 2010 amendment rewrote this section to add subsection designations, and to authorize the executive director and the department to appoint and oversee appeal tribunals.
S.C. Code Ann. § 41-35-380 — SC Code / Title 41 / Chapter 35 / Article 3 / Section 41-35-380
SECTION 41-35-380. "Eligibility period" defined.
Status: in_force

"Eligibility period" of an individual means the period consisting of the weeks in his benefit year which begin in an extended benefit period and, if his benefit year ends within such extended benefit period, any weeks thereafter which begin in such period.
S.C. Code Ann. § 41-39-10 — SC Code / Title 41 / Chapter 39 / Section 41-39-10
SECTION 41-39-10. Validity of waiver of rights, employee's agreement to pay employer's contributions.
Status: in_force

No agreement by an individual to waive, release or commute his rights to benefits or any other rights under Chapters 27 through 41 of this Title shall be valid. No agreement by any individual in the employ of any person or concern to pay all or any portion of an employer's contributions, payments in lieu of contributions or reimbursement of benefits required under Chapters 27 through 41 of this Title from such employer shall be valid. No employer shall directly or indirectly make, require or accept any deduction from wages to finance the employer's contributions, payments in lieu of contributions, or reimbursement of benefits or require or accept any waiver of any right under Chapters 27 through 41 of this Title by any individual in his employ. Any employer or officer or agent of an employer who violates any provision of this section shall, for each offense, be fined not less than one hundred dollars nor more than one thousand dollars or be imprisoned for not more than six months or both.
S.C. Code Ann. § 41-39-20 — SC Code / Title 41 / Chapter 39 / Section 41-39-20
SECTION 41-39-20. Validity of assignment, pledge, or encumbrance of benefits; exemption of benefits.
Status: in_force

No assignment, pledge, or encumbrance of any right to benefits which are or may become due or payable under Chapters 27 through 41 of this title is valid and such rights to benefits are exempt from levy, execution, attachment, or any other remedy whatsoever, provided for the collection of debt, except as provided for in Section 41-35-140 of this title. Benefits received by an individual, so long as they are not mingled with other funds of the recipient, are exempt from any remedy whatsoever for the collection of all debts except those incurred for necessaries furnished to such individual or his spouse or a dependent during the time when such individual was unemployed. No waiver of any exception provided for in this section is valid.
S.C. Code Ann. § 41-16-110 — SC Code / Title 41 / Chapter 16 / Section 41-16-110
SECTION 41-16-110. Temporary or permanent injunction for imminently dangerous facility.
Status: in_force

If the Director has reason to believe that the continued operation of a facility constitutes an imminent danger which could reasonably be expected to injure seriously or cause death to members of the public, the Director may apply to the circuit court in the county in which the imminently dangerous condition exists for a temporary order for the purpose of enjoining the imminently dangerous facility. Upon hearing, if considered appropriate by the court, a permanent injunction may be issued to ensure that the imminently dangerous facility be prevented or controlled. Upon the elimination or rectification of the imminently dangerous condition, the temporary or permanent injunction must be vacated. Effect of Amendment The 1993 amendment rewrote this section, retaining former subsection 3, and deleting subsections 1 and 2, which pertained to commissioner's orders to make changes and suspension and revocation of or refusal to issue operating permits.
S.C. Code Ann. § 41-27-560 — SC Code / Title 41 / Chapter 27 / Article 5 / Section 41-27-560
SECTION 41-27-560. Prohibition of libel or slander actions.
Status: in_force

A report, communication, or other similar matter, either oral or written from an employee or employer to the other or to the department or its agents, representatives, or employees that has been written, sent, delivered, or made in connection with the requirements and the administration of Chapters 27 through 41 of this title must not be made the subject matter or basis of a suit for slander or libel in a court of this State. Effect of Amendment The 2010 amendment substituted "department" for "commission" following "employer to the other or to the"; and made other nonsubstantive changes.
S.C. Code Ann. § 41-18-70 — SC Code / Title 41 / Chapter 18 / Article 1 / Section 41-18-70
SECTION 41-18-70. Inspection requirement.
Status: in_force

Before a permit may be issued as provided in Sections 41-18-50 and 41-18-60, an inspection of the amusement device must be made in compliance with the procedures set by the director. The inspection must have been conducted within one month before the permit application, unless the period is extended by operation of Section 41-18-80(E). Effect of Amendment The 1993 amendment changed the period within which the inspection must have been conducted, from within one year prior to the application to within one month prior to it. The 1998 amendment substituted "director" for "commissioner", and made nonsubstantive changes.
S.C. Code Ann. § 41-14-40 — SC Code / Title 41 / Chapter 14 / Section 41-14-40
SECTION 41-14-40. Construction and design standards for new boilers; special installation and operating permits.
Status: in_force

(A) Any new boiler installed and operated in this State, unless otherwise exempted, must be designed and constructed in accordance with the ASME Code or a nationally recognized code of construction. Any new boiler installed in this State must be marked in accordance with the code of construction and must be registered with the National Board of Boiler and Pressure Vessel Inspectors. Copies of registration documents must be provided to the jurisdiction when requested. (B) Only a boiler that conforms to the regulations of the department governing installation must be installed and operated in this State after twelve months from the date upon which the first regulations under this chapter pertaining to installation have become effective; however, the department may issue a special installation and operating permit for a boiler that is of special design or construction and that is not inconsistent with the spirit and safety objectives of the regulations. The department shall issue a special installation and operating permit after determining on the record and after an opportunity for inspection of the boiler or the plans for the boiler that the proponent of the special permit has demonstrated by a preponderance of the evidence that the special design or construction will provide an equivalent degree of safety to that of conformance with the regulations. The department shall accept comments from any interested party concerning the application for a special installation and operating permit. The permit so issued shall prescribe the conditions the owner or operator must maintain.
S.C. Code Ann. § 41-27-250 — SC Code / Title 41 / Chapter 27 / Article 3 / Section 41-27-250
SECTION 41-27-250. Employment security administration fund.
Status: in_force

"Employment security administration fund" means the employment security administration fund established by Chapters 27 through 41 of this Title, from which administrative expenses under such chapters shall be paid.
S.C. Code Ann. § 41-7-80 — SC Code / Title 41 / Chapter 7 / Section 41-7-80
SECTION 41-7-80. Penalties.
Status: in_force

An employer, labor organization, or other person who violates a provision of this chapter is guilty of a misdemeanor, and, upon conviction, must be punished by imprisonment for not less than ten days nor more than thirty days, a fine of not less than one thousand dollars but not more than ten thousand dollars, or both. Effect of Amendment The 2012 amendment rewrote this section.
S.C. Code Ann. § 41-43-60 — SC Code / Title 41 / Chapter 43 / Section 41-43-60
SECTION 41-43-60. Meetings of the board; telephonic meetings; quorum; majority vote required for action.
Status: in_force

Meetings of the board shall be held at times and in places as the board determines. The board must meet at least one time in each calendar quarter. Meetings of the board may be held by means of conference telephone or any means of communication by which all persons participating in the meeting can hear each other at the same time and participation by such means constitutes presence in person at the meetings. A majority of the board then in office constitutes a quorum at any meeting. Approval of a majority of the board then in office is required to take action.
S.C. Code Ann. § 41-15-280 — SC Code / Title 41 / Chapter 15 / Article 3 / Section 41-15-280
SECTION 41-15-280. Citation for violation; notice in lieu of citation.
Status: in_force

If, upon inspection or investigation, the Director or his authorized representative ascertains that an employer has violated a requirement of any rule or regulation promulgated pursuant to this article, he shall with reasonable promptness issue a citation to the employer. Each citation shall be in writing and shall describe with particularity the nature of the violation or violations, including a reference to any statute or rule or regulation alleged to have been violated. The citation shall fix a reasonable time for the abatement of the violation. The Director may prescribe procedures for the issuance of a notice in lieu of a citation with respect to de minimis violations which have no direct or immediate relationship to safety or health. Such notice shall have the effect of a recommendation to the employer; compliance will not be required. Each citation issued under this section, or a copy or copies thereof, shall be prominently posted, as prescribed in regulations issued by the Director, at or near each place a violation referred to in the citation occurred. No citation may be issued under this section after the expiration of six months following the occurrence of any violation.
S.C. Code Ann. § 41-27-120 — SC Code / Title 41 / Chapter 27 / Article 3 / Section 41-27-120
SECTION 41-27-120. Agricultural labor.
Status: in_force

The term "agricultural labor" includes all service performed: (1) On a farm, in the employ of any person, in connection with cultivating the soil or in connection with raising or harvesting any agricultural or horticultural commodity, including the raising, shearing, feeding, caring for, training and management of livestock, bees, poultry, pigeons and fur-bearing animals and wildlife; (2) In the employ of the owner or tenant or other operator of a farm, in connection with the operation, management, conservation, improvement or maintenance of such farm and its tools and equipment or in salvaging timber or clearing land of brush and other debris left by a hurricane, if a major part of such service is performed on a farm; (3) In connection with the production or harvesting of any commodity defined as an agricultural commodity in Section 15(g) of the Federal Agricultural Marketing Act, as amended, or in connection with the ginning of cotton, or cleaning of seed, or in connection with the operation or maintenance of ditches, canals, reservoirs, or waterways used exclusively for supplying and storing water for farming purposes; (4) In the employ of the operator of a farm in handling, planting, drying, packing, packaging, processing, freezing, grading, storing, or delivery to storage or to market or to a carrier for transportation to market in its unmanufactured state, any agricultural or horticultural commodity; but only if such operator produced more than one half of the commodity with respect to which such service is performed; (5) In the employ of a group of operators of farms (or a cooperative organization of which such operators are members) in the performance of service described in paragraph (1) of this section, but only if such operators produced more than one half of the commodity with respect to which such service is performed; (6) The provisions of paragraphs (4) and (5) shall not be deemed to be applicable with respect to services performed in connection with commercial canning or commercial freezing or in connection with any agricultural or horticultural commodity after its delivery to a terminal market for distribution for consumption; or (7) On a farm operated for profit if such service is not in the course of the employer's trade or business or is domestic service in the private home of the employer. (8) As used in this section the term "farm" includes stock, dairy, poultry, pigeons, fruit, fur-bearing animals and truck farms, plantations, ranches, nurseries, ranges, greenhouses or other similar structures used primarily for the raising of agricultural or horticultural commodities and orchards.
S.C. Code Ann. § 41-7-20 — SC Code / Title 41 / Chapter 7 / Section 41-7-20
SECTION 41-7-20. Agreement between employer and labor organization denying nonmembers right to work or requiring union membership.
Status: in_force

Any agreement or combination between any employer and any labor organization whereby persons not members of such labor organizations shall be denied the right to work for such employer or whereby such membership is made a condition of employment, or of continuance of employment by such employer, or whereby any such union or organization acquires an employment monopoly in any enterprise, is hereby declared to be against public policy, unlawful and an illegal combination or conspiracy.
S.C. Code Ann. § 41-30-310 — SC Code / Title 41 / Chapter 30 / Article 3 / Section 41-30-310
SECTION 41-30-310. Office of Statewide Workforce Development created.
Status: in_force

The Office of Statewide Workforce Development is created in the Department of Employment and Workforce to coordinate, align, and direct workforce efforts throughout the State to maximize available resources and actively foster a customer-centric workforce development system that is readily accessible, highly effective, and easily understandable. Editor's Note 2023 Act No. 67, SECTION 1, provides as follows: "SECTION 1. This act may be cited as the 'Statewide Education and Workforce Development Act'."
S.C. Code Ann. § 41-29-250 — SC Code / Title 41 / Chapter 29 / Section 41-29-250
SECTION 41-29-250. Publication of certain material; internet access.
Status: in_force

The department must: (A) print and make available for public distribution the text of Chapters 27 through 41 of this title and its: (1) regulations; (2) annual reports to the Governor and General Assembly; and (3) other material the department considers relevant and suitable; or (B) make the information required by subsection (A) available on its Internet website. Effect of Amendment The 2010 amendment rewrote this section to require the department to make certain materials available in print and on its internet web site. The 2011 amendment in subsection (A)(3), substituted "or" for "and"; and in subsection (B) substituted "make the information required by subsection (A) available" for "furnish this material to a person on request and make it available".
S.C. Code Ann. § 41-31-920 — SC Code / Title 41 / Chapter 31 / Article 9 / Section 41-31-920
SECTION 41-31-920. Inclusion of assessments in quarterly contribution report.
Status: in_force

Departmental administrative contingency assessments must be reported on the employer's quarterly contribution report according to the same rules as the department may prescribe for contributions. Effect of Amendment The 2010 amendment substituted "departmental" for "employment security" and "department" for "commission".
S.C. Code Ann. § 41-29-230 — SC Code / Title 41 / Chapter 29 / Section 41-29-230
SECTION 41-29-230. State and federal cooperation.
Status: in_force

(1) In the administration of Chapters 27 through 41 of this title, the department must cooperate with the United States Secretary of Labor to the fullest extent consistent with the provisions of these chapters, and act, through the promulgation of appropriate rules, regulations, administrative methods and standards, as necessary to secure to this State and its citizens all advantages available under the provisions of the Social Security Act that relate to unemployment compensation, the Federal Unemployment Tax Act, the Wagner-Peyser Act, and the Federal-State Extended Unemployment Compensation Act of 1970. (2) In the administration of the provisions in Article 3 Chapter 35, of this title, which are enacted to conform with the requirements of the Federal-State Extended Unemployment Compensation Act of 1970, the department must act as necessary to: (a) ensure that the provisions are interpreted and applied to meet the requirements of the federal act as interpreted by the United States Secretary of Labor; and (b) secure to this State the full reimbursement of the federal share of extended benefits paid pursuant to this title that are reimbursable under the federal act. Effect of Amendment The 2010 amendment substituted "department" for "Commission"; and made other nonsubstantive changes throughout this section.
S.C. Code Ann. § 41-29-270 — SC Code / Title 41 / Chapter 29 / Section 41-29-270
SECTION 41-29-270. Emergency unemployment compensation system.
Status: in_force

Notwithstanding the provisions of Chapters 27 through 41 of this title, the department may promulgate regulations necessary for the operation of an emergency unemployment compensation system in the event of an enemy attack or natural disaster, as declared by the President of the United States, that disrupts or endangers the department's usual procedures or facilities. Effect of Amendment The 2010 amendment substituted "department" for two occurrences of "Commission"; and made other nonsubstantive changes. The 2011 amendment substituted "may promulgate" for "must promulgate", and inserted "or natural disaster, as declared by the President of the United States,".
S.C. Code Ann. § 41-31-660 — SC Code / Title 41 / Chapter 31 / Article 5 / Section 41-31-660
SECTION 41-31-660. Amount of payments; group accounts.
Status: in_force

Each employer that is liable for payment in lieu of contributions shall pay the department for the fund an amount equal to the amount of regular benefits and one-half the extended benefits paid that are attributable to service in the employ of such employer except that after January 1, 1979, the State or any political subdivision or any instrumentality thereof as defined in Section 41-27-230(2)(b) shall be required to reimburse the full amount of regular and extended benefits attributable to service in its employment. If benefits paid to an individual are based on wages paid by more than one employer and one or more of such employers are liable for payments in lieu of contributions, the amount payable to the fund by each employer that is liable for such payments shall be determined in accordance with the provisions of subsection (1) or (2). (1) If the benefits paid to an individual are based both on base period wages paid by one or more employers that are liable for contributions and on base period wages paid by one or more employers that are liable for payments in lieu of contributions, the amount payable by each employer that is liable for payments in lieu of contributions shall bear the same ratio to the sum of the amounts payable by such employers as the total base period wages paid to the individual by each employer that is liable for payments in lieu of contributions bear to the total base period wages paid to the individual by all such employers. (2) If benefits paid to an individual are based on wages paid by two or more employers that are liable for payments in lieu of contributions, the amount of benefits payable by each such employer shall be an amount which bears the same ratio to the total benefits paid to the individual as the total base period wages paid to the individual by such employer bear to the total base period wages paid to the individual by all of his base period employer. (3) Two or more employers that have been liable for payments in lieu of contributions, in accordance with the provisions of Section 41-31-620 may file a joint application to the department for the establishment of a group account for the purpose of sharing the cost of benefits paid that are attributable to service in the employ of such employers. Each such application shall identify and authorize a group representative to act as the group's agent for the purpose of this section. Upon its approval of the application, the department shall establish a group account for such employers effective as of the beginning of the calendar quarter in which it receives the application and shall notify the group's representative of the effective date of the account. Such account shall remain in effect for not less than two calendar years and thereafter until terminated at the discretion of the department or upon application by the group. Upon establishment of the account, each member of the group shall be liable for payments in lieu of contributions with respect to each calendar quarter in the amount that bears the same ratio to the total benefits paid in such quarter that are attributable to service performed in the employ of all members of the group as the total wages paid for service in employment by such member in such quarter bear to the total wages paid during such quarter for service performed in the employ of all members of the group. The department shall prescribe such regulations as it deems necessary with respect to applications for establishment, maintenance, and termination of group accounts that are authorized by this subsection, for addition of new members to, and withdrawal of active members from such accounts, and for the determination of the amounts that are payable under this subsection by members of the group and the time and manner of such payments. Effect of Amendment The 2010 amendment substituted "department" for "Commission" throughout, and "subsection" for "paragraph" or "subparagraph" throughout.
S.C. Code Ann. § 41-6-20 — SC Code / Title 41 / Chapter 6 / Section 41-6-20
SECTION 41-6-20. Department of Disabilities and Special Needs; report.
Status: in_force

Beginning on January 1, 2023, and annually thereafter, the Office of Intellectual and Developmental Disabilities shall submit a report to the General Assembly concerning the payment of a subminimum wage in South Carolina. The report shall: (1) identify all providers in this State that maintain a Section 14(c) certificate; (2) identify which of those providers pay a subminimum wage; (3) identify which of those providers used to pay a subminimum wage but have stopped that practice; (4) identify which of those providers that stopped paying a subminimum wage did so due to an increase in the federal minimum wage; and (5) provide data regarding the success in obtaining minimum wage employment of individuals with severe intellectual disabilities as compared to individuals with mild or moderate intellectual disabilities. Code Commissioner's Note At the direction of the Code Commissioner, certain references in the S.C. Code to the State Department of Mental Health, South Carolina Mental Health Commission, Department of Disabilities and Special Needs, Department of Disabilities and Special Needs Commission, Department of Alcohol and Other Drug Abuse Services, and other related terms were changed to reflect the restructuring of these agencies into component offices under the Department of Behavioral Health and Developmental Disabilities, pursuant to 2025 Act No. 3, SECTION 18. At the direction of the Code Commissioner, pursuant to the authority to codify permanent law, the provisions of Section 1 and Section 2 of 2022 Act No. 209 were codified as Section 41-6-10 and Section 41-6-20, respectively.
S.C. Code Ann. § 41-43-200 — SC Code / Title 41 / Chapter 43 / Section 41-43-200
SECTION 41-43-200. Collection and dissemination of information and data.
Status: in_force

The authority is authorized to implement such programs as may be consistent with its purposes for the collection and dissemination of information and data useful to business enterprises in this State. The authority may collect and maintain information and undertake such studies and research programs as it deems necessary to facilitate the economic development and creation of jobs in this State. In connection with these programs, the authority must consult and coordinate its programs with those existing federal and state agencies and private economic development organizations.
S.C. Code Ann. § 41-33-80 — SC Code / Title 41 / Chapter 33 / Article 1 / Section 41-33-80
SECTION 41-33-80. Moneys must be requisitioned from State's account in unemployment trust fund for payment of benefits and refunds.
Status: in_force

Except as provided in Section 41-33-180, money must be requisitioned from this State's account in the unemployment trust fund solely for the payment of benefits or refunds pursuant to Section 41-31-360 or item (6) of Section 41-27-260 and in accordance with regulations prescribed by the department; except that money credited to this account pursuant to Section 903 of the Social Security Act, as amended, must be used exclusively as provided in Sections 41-33-130 to 41-33-160. Effect of Amendment The 2002 amendment substituted "must" for "shall" in two places, and "41-31-360" for "41-33-360". The 2010 amendment substituted "department" for "commission"; and made one other nonsubstantive change.
S.C. Code Ann. § 41-43-270 — SC Code / Title 41 / Chapter 43 / Section 41-43-270
SECTION 41-43-270. Application of Administrative Procedures Act.
Status: in_force

The authority must implement its programs in accordance with regulations promulgated under the provisions of Act 176 of 1977.
S.C. Code Ann. § 41-3-30 — SC Code / Title 41 / Chapter 3 / Article 1 / Section 41-3-30
SECTION 41-3-30. Employees.
Status: in_force

The Director of Labor, Licensing and Regulation, or his designee, pursuant to Section 40-1-40, may employ such personnel and prescribe their duties, powers, and functions as he considers necessary and as may be authorized by the statute and for which funds have been authorized in the annual general appropriations act. The director or his designee may assign or transfer employees from one subdivision to another or may combine the clerical and inspection forces of two or more subdivisions, as he may consider necessary and advisable. Effect of Amendment The 1993 amendment substituted the first sentence for one allowing the commissioner to appoint and assign clerks, stenographers and other employees, with approval of the division directors, to perform the work of the Department, and fix their pay, subject to the approval of the General Assembly or such agency as it may designate; and in the second sentence substituted "director or his designee" for "Commissioner" and "subdivision" for "division".
S.C. Code Ann. § 41-31-330 — SC Code / Title 41 / Chapter 31 / Article 3 / Section 41-31-330
SECTION 41-31-330. Imposition of penalty.
Status: in_force

(A)(1) If the department finds that an additional contribution is due, that the report was made in good faith, that the understatement of the contribution is not deliberate, then no penalty shall be added because of the understatement. However, except for the time period contained in item (2), the amount of the deficiency shall bear interest at the rate of one percent for each month or fraction of a month that it remains unpaid. (2) For calendar year 2011, retroactive to January 1, 2011, for months January through June thirtieth of that year, the amount of deficiency that arises under the circumstances provided in item (1) shall bear interest at the rate of 0.25 percent for each month or fraction of a month that it remains unpaid. However, if the department finds that the understatement is due to the circumstances provided in subsection (B) or (C) then the employer is not entitled to the 0.25 percent interest rate. (B) If the department finds that the understatement is due to negligence on the part of the employer, but without intent to defraud, there shall be added to the amount of the deficiency, in addition to interest calculated in the manner provided in subsection (A), a ten percent penalty. (C) If the department finds that the understatement is false or fraudulent, with intent to evade the payment of the contribution due, there shall be added to the amount of the deficiency, in addition to interest calculated in the manner provided in subsection (A), a one hundred percent penalty. Effect of Amendment The 2010 amendment rewrote the section. The 2011 amendment rewrote subsection (A) by adding the subsection identifiers and adding subsection (A)(2) relating to calendar year 2011.
S.C. Code Ann. § 41-33-70 — SC Code / Title 41 / Chapter 33 / Article 1 / Section 41-33-70
SECTION 41-33-70. Deposit of moneys in clearing and benefit accounts.
Status: in_force

Except as otherwise provided in Chapters 27 through 41 of this Title, moneys in the clearing and benefit accounts may be deposited in any depository bank in which general funds of the State may be deposited, but no public deposit insurance charge or premium shall be paid out of the fund. Moneys of the unemployment compensation fund when in the clearing account or benefit account shall not be commingled with other State funds but shall be maintained in separate accounts on the books of the depository bank or banks handling these accounts and shall be secured by such bank or banks by such securities or surety bond as are required by law of depositories of State funds and the collateral pledged shall be maintained in a separate custody account.
S.C. Code Ann. § 41-8-90 — SC Code / Title 41 / Chapter 8 / Section 41-8-90
SECTION 41-8-90. Equal enforcement of chapter.
Status: in_force

The provisions of this chapter are enforceable without regard to race, religion, gender, ethnicity, or national origin.
S.C. Code Ann. § 41-41-50 — SC Code / Title 41 / Chapter 41 / Section 41-41-50
SECTION 41-41-50. General penalty.
Status: in_force

An employing unit or person who wilfully violates a provision of Chapters 27 through 41 of this title or an order, rule, or regulation under this title, the violation of which is made unlawful or the observance of which is required under the terms of these chapters, is liable to a penalty of two thousand dollars, to be recovered by the department in an appropriate action in the South Carolina Administrative Law Court, and also is guilty of a misdemeanor and, upon conviction, must be punished by a fine of not less than fifty dollars but not more than two hundred fifty dollars or imprisonment for not longer than thirty days, and, with regard to both civil and criminal penalties, each day the violation continues is considered a separate offense. Effect of Amendment The 2010 amendment substituted "department" for "Commission"; and made other nonsubstantive changes. 2015 Act No. 77, SECTION 2, substituted "a penalty of two thousand dollars" for "a penalty of one thousand dollars", substituted "the South Carolina Administrative Law Court" for "a court of competent jurisdiction", substituted "a fine of not less than fifty dollars but not more than two hundred fifty dollars" for "a fine of not less than twenty dollars but not more than one hundred dollars", and added "with regard to both civil and criminal penalties,".
S.C. Code Ann. § 41-3-100 — SC Code / Title 41 / Chapter 3 / Article 1 / Section 41-3-100
SECTION 41-3-100. Furnishing of blanks and forms.
Status: in_force

All blanks and forms required by the Director of the Department of Labor, Licensing and Regulation or his designee under provisions of Chapters 1 through 24 must be furnished by the director or his designee. Effect of Amendment The 1993 amendment substituted "Director of the Department of Labor, Licensing, and Regulation or his designee" for "Commissioner of Labor" and "director or his designee" for "Commissioner". The 2010 amendment substituted "24 must" for "25 of this Title shall" following "Chapters 1 through"; and made other nonsubstantive changes.
S.C. Code Ann. § 41-35-740 — SC Code / Title 41 / Chapter 35 / Article 5 / Section 41-35-740
SECTION 41-35-740. Judicial review of department's decision.
Status: in_force

A decision of the department, in the absence of an appeal from it as provided in this article, becomes final ten days after the date of notification or mailing of it, and judicial review is permitted only after a party claiming to be aggrieved by it has exhausted his administrative remedies as provided by Chapters 27 through 41 of this title. The department must be considered to be a party to a judicial action involving a decision and may be represented in the judicial action by a qualified attorney employed by the department and designated by the department for that purpose or, at the department's request, by the Attorney General. Effect of Amendment The 2010 amendment substituted "department" for "Commission"; and made other nonsubstantive changes throughout the section.
S.C. Code Ann. § 41-7-30 — SC Code / Title 41 / Chapter 7 / Section 41-7-30
SECTION 41-7-30. Labor organization membership as condition of employment.
Status: in_force

(A) It is unlawful for an employer to require an employee, as a condition of employment, or of continuance of employment to: (1) be or become or remain a member or affiliate of a labor organization or agency; (2) abstain or refrain from membership in a labor organization; or (3) pay any fees, dues, assessments, or other charges or sums of money to a person or organization. (B) It is unlawful for a person or a labor organization to directly or indirectly participate in an agreement, arrangement, or practice that has the effect of requiring, as a condition of employment, that an employee be, become, or remain a member of a labor organization or pay to a labor organization any dues, fees, or any other charges; such an agreement is unenforceable. (C) It is unlawful for a person or a labor organization to induce, cause, or encourage an employer to violate a provision of this section. Effect of Amendment The 2002 amendment rewrote this section.
S.C. Code Ann. § 41-43-100 — SC Code / Title 41 / Chapter 43 / Section 41-43-100
SECTION 41-43-100. Industrial development projects.
Status: in_force

In addition to other powers vested in the authority by existing laws, the authority has all powers granted the counties and municipalities of this State pursuant to the provisions of Chapter 29, Title 4, including the issuance of bonds by the authority and the refunding of bonds issued under that chapter. The authority may issue bonds pursuant to this section after a public hearing is held as required by federal law to enable interest on such bonds to be excluded from gross income for federal tax purposes. Notice of any required public hearing must be provided to the public and to the clerk of the county council or clerk of the municipal council in the county or municipality in which the project is or will be located at the times and in the manner permitted or required by federal tax law. Additionally, a copy of the public hearing notice must be published by the authority in a newspaper of general circulation in the county in which the project is located before the date of the public hearing, if such public hearing is required by federal law; provided, however, the notice posted by the authority as required by federal law shall control for the purpose of compliance with any federal law and not the notice published in the newspaper where the project is located. The authority may combine for the purposes of a single offering bonds to finance more than one project. The interest rate of bonds issued pursuant to this section is not subject to approval by the South Carolina Coordinating Council for Economic Development. Effect of Amendment The 1992 amendment revised this section. 2014 Act No. 121, SECTION 24.A, substituted "Fiscal Accountability Authority" for "Budget and Control Board", and made other nonsubstantive changes. 2017 Act No. 80, SECTION 1, substituted "not subject to approval by the South Carolina Coordinating Council for Economic Development" for "subject to approval by the State Fiscal Accountability Authority". 2019 Act No. 53, SECTION 1, rewrote the second sentence and inserted the third and fourth sentences, providing for certain notice requirements before bonds may be issued.
S.C. Code Ann. § 41-29-40 — SC Code / Title 41 / Chapter 29 / Section 41-29-40
SECTION 41-29-40. Unemployment Compensation and Employment Service Divisions; directors.
Status: in_force

There are created under the department two coordinate divisions, the South Carolina State Employment Service Division, and a division to be known as the Unemployment Compensation Division. Each division must be administered by a full-time salaried director, who is subject to the supervision and direction of the department. The department may appoint, fix the compensation of, and prescribe the duties of the directors of these divisions. The director of each division shall be responsible to the department for the administration of his respective division and has the power and authority as vested in him by the department. Editor's Note 2010 Act No. 146, SECTION 111, provides as follows: "In making appointments and hiring decisions for positions pursuant to this act, the governing authority or individual tasked with making such appointment or hiring decision must consider race, gender, and other demographic factors to assure nondiscrimination, inclusion, and representation to the greatest extent possible of all segments of the population of this State; however, consideration of these factors in no way creates a cause of action or basis for an employee grievance for a person appointed or for a person who fails to be appointed." Effect of Amendment The first 2010 amendment substituted "department" for five occurrences of "commission"; and made other nonsubstantive changes. The second 2010 amendment, in the first sentence, deleted reference to SECTION 41-5-10; and deleted the former fourth sentence relating to nonpartisan appointments.
S.C. Code Ann. § 41-8-10 — SC Code / Title 41 / Chapter 8 / Section 41-8-10
SECTION 41-8-10. Definitions.
Status: in_force

As used in this chapter: (A) "Agency" means any agency, department, board, commission, or political subdivision of this State that issues licenses for the purposes of operating a business in this State. (B) "Director" means the Director of the Department of Labor, Licensing and Regulation or the director's designee. (C) "License" means an agency permit, certificate, approval, registration, charter, or similar form of authorization that is required by law and that is issued by any agency or political subdivision of this State for the purpose of operating a business in this State, excluding professional licenses, but including employment licenses, articles of organization, articles of incorporation, a certificate of partnership, a partnership registration, a certificate to transact business, or similar forms of authorization issued by the South Carolina Secretary of State, and any transaction privilege tax license. (D) "Political subdivision" includes counties, cities, towns, villages, townships, districts, authorities, and other public corporations and entities whether organized and existing under charter or general law. (E) "Private employer" means any: (1) person or entity that transacts business in this State, is required to have a license issued by an agency, department, board, commission, or political subdivision of this State that issues licenses for the purposes of operating a business in this State, and employs one or more employees in this State, as defined in Section 12-8-10; (2) person or entity carrying on any employment and the legal representative of a deceased person or the receiver or trustee of any person; or (3) person or entity for whom an individual performs a service or sells a good, of whatever nature, as an employee, as defined in Section 12-8-10. (F) "Unauthorized alien" means an unauthorized alien as defined by 8 U.S.C. Section 1324a(h)(3). Effect of Amendment The 2011 amendment rewrote the definitions for "Agency", "Director", "License", and "Private employer"; and added the definition for "Unauthorized alien".
S.C. Code Ann. § 41-30-510 — SC Code / Title 41 / Chapter 30 / Article 5 / Section 41-30-510
SECTION 41-30-510. Responsibilities of Coordinating Council for Workforce Development.
Status: in_force

The Coordinating Council for Workforce Development is reconstituted and generally is responsible for: (1) engaging in discussions, collaboration, and information sharing concerning the ability of the State to prepare and train workers to meet current and future workforce needs; and (2) performing the other required duties of this chapter under the direction of the Chairman of the CCWD. Code Commissioner's Note At the direction of the Code Commissioner in 2016, in (A), "Coordinating Council for Workforce Development" was substituted for "Coordinating Council of Workforce Development" to correct a typographical error. Editor's Note 2023 Act No. 67, SECTION 1, provides as follows: "SECTION 1. This act may be cited as the 'Statewide Education and Workforce Development Act'." Effect of Amendment 2022 Act No. 194, SECTION 1, rewrote the section. 2023 Act No. 67, SECTION 2, rewrote the section.
S.C. Code Ann. § 41-27-290 — SC Code / Title 41 / Chapter 27 / Article 3 / Section 41-27-290
SECTION 41-27-290. Institution of higher education.
Status: in_force

"Institution of higher education," for the purpose of this section, means an educational institution which: (1) Admits as regular students only individuals having a certificate of graduation from a high school, or the recognized equivalent of such a certificate; (2) Is legally authorized in this State to provide a program of education beyond high school; (3) Provides an educational program for which it awards a bachelor's or higher degree, or provides a program which is acceptable for full credit toward such a degree, a program of postgraduate or postdoctoral studies, or a program of training to prepare students for gainful employment in a recognized occupation; and (4) Is a public or other nonprofit institution. (5) Notwithstanding any of the foregoing provisions of this subsection, all colleges and universities in this State are institutions of higher education for purposes of this section.
S.C. Code Ann. § 41-31-30 — SC Code / Title 41 / Chapter 31 / Article 1 / Section 41-31-30
SECTION 41-31-30. Classification of employers.
Status: in_force

The department annually shall classify employers in accordance with their actual experience of the total taxable wages reported and with respect to benefits charged against their accounts to set contribution rates that reflect the employer's experience. The department shall determine the contribution rate of each employer in accordance with the requirements of Sections 41-31-20 to 41-31-70. Effect of Amendment The 2010 amendment rewrote the section. The 2011 amendment substituted "of the total taxable wages reported and" for "in the payment of contributions on their own behalf and".
S.C. Code Ann. § 41-18-130 — SC Code / Title 41 / Chapter 18 / Article 1 / Section 41-18-130
SECTION 41-18-130. Duties of director.
Status: in_force

The director is charged with the affirmative duty of administering and enforcing this chapter. Effect of Amendment The 1998 amendment substituted "director" for "commissioner", and made a nonsubstantive change.
S.C. Code Ann. § 41-31-100 — SC Code / Title 41 / Chapter 31 / Article 1 / Section 41-31-100
SECTION 41-31-100. Successor by purchase, merger of entire business as employer; notice.
Status: in_force

Any person or other legal entity who acquires by purchase, merger, consolidation, devise, inheritance or other means substantially all of the business of any employer and continues the acquired business, shall be deemed to be a successor to the predecessor from whom the business was acquired for the purpose of this article and, if not already an employer prior to the acquisition, shall become an employer on the date of the acquisition and shall succeed to the employment benefit experience record of the predecessor. The department shall prescribe by regulation the notice to be given of the acquisition. For the purposes of Chapters 27 through 41 of this title the term "substantially all" means ninety-five percent or more of the business as determined by the department in a particular case. Effect of Amendment The 2010 amendment substituted "department" for "Commission" in the second and third sentences, and made nonsubstantive changes.
S.C. Code Ann. § 41-33-470 — SC Code / Title 41 / Chapter 33 / Article 3 / Section 41-33-470
SECTION 41-33-470. Reports to State Fiscal Accountability Authority and the Department of Administration.
Status: in_force

The department shall report to the State Fiscal Accountability Authority and the Department of Administration in the same manner as is required generally for the submission of financial requirements for the ensuing year and the board shall include in its request for general appropriations presented to the General Assembly at its next regular session a statement of the amounts required for any replacement required by Section 41-33-460. Effect of Amendment The 2010 amendment substituted "department" for "Commission". The 2011 amendment made no apparent changes.
S.C. Code Ann. § 41-44-10 — SC Code / Title 41 / Chapter 44 / Section 41-44-10
SECTION 41-44-10. Definitions.
Status: repealed

[This section is repealed upon certification that remaining investments of private sector limited partners have been liquidated. See Editor's Note at the beginning of this Chapter.] (A) The "Fund" means the Palmetto Seed Capital Fund Limited Partnership, a limited partnership, established and operated as described in Section 41-44-60. (B) The "corporation" means the corporate general partner of the fund. (C) "Qualified investment" means qualified stock or a qualified interest which stock or interest is purchased solely for cash. (D) "Qualified stock" means a share or shares of stock in the Corporation if the stock, when purchased by the taxpayer, is authorized but unissued. (E) "Qualified interest" means, in the case of the Corporation, a general partnership interest in the Fund, and in the case of all other persons, a limited partnership interest in the Fund. (F) Reserved. (G) Reserved. (H) "Seed capital" means investments in either the common stock, preferred stock, or bonds convertible to either common or preferred stock, or options, warrants, or rights to receive any of the foregoing or any other similar investment in a South Carolina business. (I) "South Carolina business" means a corporation, general partnership, limited partnership, joint venture, trust, proprietorship or any other similar entity or organization which is either established and operating or will be established to operate in South Carolina. (J) "Pre-start-up business" means a South Carolina business which is in the process of developing a product or service and prior to such time as the product or service is offered for sale in the ordinary course of business. (K) "Start-up business" means a South Carolina business which is in the first thirty-six months of providing goods or services in the ordinary course of business or any South Carolina business which qualified as a start-up business by this definition at the time it entered the fund's seed capital portfolio. (L) "Less Developed Area" has the same meaning as set forth in Section 12-6-3360. Effect of Amendment The 1989 amendment rewrote the definition of "Start-up business" in subsection (K). The 1990 amendment, in subsection (B), revised the definition of corporation and, in subsection (F), revised the definition of tax liability. The 1995 amendment, in subsections (F) and (G), substituted "Reserved" for the existing material and in subsection (L), substituted "Section 12-6-3360" for "Section 12-7-616(a)".
S.C. Code Ann. § 41-5-130 — SC Code / Title 41 / Chapter 5 / Section 41-5-130
SECTION 41-5-130. Policies encouraging competitive integrated employment for individuals with disabilities.
Status: in_force

All state agencies and political subdivisions of this State are encouraged to consider adopting a policy that encourages competitive integrated employment for individuals with disabilities.
S.C. Code Ann. § 41-18-20 — SC Code / Title 41 / Chapter 18 / Article 1 / Section 41-18-20
SECTION 41-18-20. Legislative intent.
Status: in_force

(A) The purpose of this chapter is to guard against personal injuries in the assembly, disassembly, and use of amusement devices at carnivals, fairs, and amusement parks to persons employed at or attending carnivals, fairs, and amusement parks and, in the event of a personal injury, to ensure to the injured party the possibility of financial recovery as against the owner of the carnival, fair, or amusement park where the injury occurred. (B) It is the intent of this chapter that amusement devices must be designed, constructed, assembled or disassembled, maintained, and operated so as to prevent injuries. Effect of Amendment The 1998 amendment made nonsubstantive changes.
S.C. Code Ann. § 41-25-10 — SC Code / Title 41 / Chapter 25 / Section 41-25-10
SECTION 41-25-10. Short title.
Status: in_force

This chapter may be cited as the "South Carolina Private Personnel Placement Services Act".
S.C. Code Ann. § 41-31-650 — SC Code / Title 41 / Chapter 31 / Article 5 / Section 41-31-650
SECTION 41-31-650. Failure to post security.
Status: in_force

If any nonprofit organization fails to file a bond or make a deposit, or to file a bond in an increased amount or to increase or make whole the amount of a previously made deposit, as provided under this section, the department may terminate such organization's election to make payments in lieu of contributions and such termination shall continue for not less than two calendar years beginning with the quarter in which such termination becomes effective; provided, that the department may extend for good cause the applicable filing, deposit, or adjustment period by not more than thirty days. Effect of Amendment The 2010 amendment substituted "department" for "Commission" throughout.
S.C. Code Ann. § 41-25-110 — SC Code / Title 41 / Chapter 25 / Section 41-25-110
SECTION 41-25-110. State agencies entitled to enforce chapter.
Status: in_force

The provisions of this chapter may be enforced by any state agency having jurisdiction and authority to enforce this chapter, including, but not limited to: (a) Secretary of State (b) Division of Labor (c) Attorney General (d) Department of Consumer Affairs (e) South Carolina Law Enforcement Division (f) Circuit solicitors (g) Local law enforcement agencies (h) Any person who has been damaged by or has knowledge of any violation of the provisions of this chapter. Effect of Amendment The 1993 amendment substituted "Director of the Department of Labor, Licensing, and Regulation or his designee" for "Commissioner of Labor".
S.C. Code Ann. § 41-16-130 — SC Code / Title 41 / Chapter 16 / Section 41-16-130
SECTION 41-16-130. Access to facilities by inspectors.
Status: in_force

Every owner of a facility subject to regulation by this chapter shall grant access to that facility to the Director and department personnel administering the provisions of this chapter. Inspections must be permitted at reasonable times, with or without prior notice.
S.C. Code Ann. § 41-25-40 — SC Code / Title 41 / Chapter 25 / Section 41-25-40
SECTION 41-25-40. Duties of licensees.
Status: in_force

Every licensed private personnel placement service in the State shall: (a) Openly and in a place accessible to applicants and employees alike, display the license. (b) Make available to each applicant a copy of every contract between the private personnel placement service and the applicant which shall have printed on it or attached to it a copy of the fee and placement fee schedules. (c) Guarantee, to the applicant through contractual agreement between the private personnel placement service and the applicant who pays a placement fee, every job placement for a minimum period of ninety calendar days. Should the position end in less than ninety calendar days, regardless of the cause for termination, the fee or service charge for services rendered must be adjusted to and shall not exceed the amount of the original fee prorated over ninety calendar days from the beginning date of employment. Should the applicant not report for work, regardless of the reason, there may be no fee charged to the applicant.
S.C. Code Ann. § 41-8-80 — SC Code / Title 41 / Chapter 8 / Section 41-8-80
SECTION 41-8-80. Local ordinances limiting enforcement of chapter.
Status: in_force

A local government must not enact an ordinance or policy that limits or prohibits a law enforcement officer, local official, or local government employee from seeking to enforce the provisions of this chapter.
S.C. Code Ann. § 41-31-340 — SC Code / Title 41 / Chapter 31 / Article 3 / Section 41-31-340
SECTION 41-31-340. Department to give notice of improper reports; determination of contribution when employer fails to file proper report.
Status: in_force

The department must give notice to an employing unit that has failed to make reports required pursuant to Chapters 27 through 41 of this title, or has filed incorrect or insufficient reports. If the employing unit refuses or neglects to file a proper report within fifteen days after notice has been mailed to it, the department shall determine the amount of the wages payable for employment by the employing unit for the period for which the report is required. The determination must be based upon the department's best information and belief. The department must then determine the amount of contribution due, if any, computing it at double the rate which would otherwise apply. The department may allow further time, not to exceed an additional fifteen days, for filing the proper report after notice is mailed. Effect of Amendment The 2010 amendment rewrote the section.
S.C. Code Ann. § 41-25-100 — SC Code / Title 41 / Chapter 25 / Section 41-25-100
SECTION 41-25-100. Liability for violations; remedies.
Status: in_force

(a) A person who knowingly violates Sections 41-25-50, 41-25-60, 41-25-70, and 41-25-80 is liable to the person adversely affected by the violation for three times the amount of actual damages incurred plus court costs and reasonable attorneys' fees. (b) In an action filed under this section, a plaintiff may seek and the court, in its discretion, may grant: (1) An order enjoining the defendant in the suit from violating Sections 41-25-50, 41-25-60, 41-25-70, and 41-25-80; (2) Any order necessary to restore to the person any property acquired by the defendant in the suit in violation of Sections 41-25-50, 41-25-60, 41-25-70, and 41-25-80; or (3) Other relief that the court considers proper, including, if the court's judgment against the defendant in the suit is not satisfied within three months after the date of the final judgment, the appointment of a receiver, the revocation of a license or certificate authorizing the defendant in the suit to engage in business in this State, or an order enjoining the defendant in the suit from acting as a personnel service.
S.C. Code Ann. § 41-1-70 — SC Code / Title 41 / Chapter 1 / Section 41-1-70
SECTION 41-1-70. Liability of employer for dismissal or demotion of employee who complies with subpoena or serves on jury.
Status: in_force

Any employer who dismisses or demotes an employee because the employee complies with a valid subpoena to testify in a court proceeding or administrative proceeding or to serve on a jury of any court is subject to a civil action in the circuit court for damages caused by the dismissal or demotion. Damages for dismissal are limited to no more than one year's salary or fifty-two weeks of wages based on a forty-hour week in the amount the employee was receiving at the time of receipt of the subpoena. Damages for demotion are limited to the difference for one year between the salary or wages based on a forty-hour week which the employee received before the demotion and the amount he receives after the demotion.
S.C. Code Ann. § 41-33-140 — SC Code / Title 41 / Chapter 33 / Article 1 / Section 41-33-140
SECTION 41-33-140. Withdrawal and use of money credited to State's account in unemployment trust fund.
Status: in_force

Money credited to the account of this State pursuant to Section 903 of the Social Security Act, as amended, may not be withdrawn or used except for the payment of benefits and for the payment of expenses for the administration of Chapters 27 through 41 of this Title. Amounts credited to this State's account in the unemployment trust fund under Section 903 of the Social Security Act which are obligated for administration or paid out for benefits shall be charged against equivalent amounts which were first credited and which are not already so charged; except that no amount obligated for administration during a twelve-month period specified in Section 41-33-150 (3) may be charged against any amount credited during such a twelve-month period earlier than the twenty-fourth preceding such period.
S.C. Code Ann. § 41-10-50 — SC Code / Title 41 / Chapter 10 / Section 41-10-50
SECTION 41-10-50. Payment of wages due discharged employees.
Status: in_force

When an employer separates an employee from the payroll for any reason, the employer shall pay all wages due to the employee within forty-eight hours of the time of separation or the next regular payday which may not exceed thirty days. Effect of Amendment The 1990 amendment substituted "When" for "Whenever" and deleted at the end "after written notice is given".
S.C. Code Ann. § 41-41-10 — SC Code / Title 41 / Chapter 41 / Section 41-41-10
SECTION 41-41-10. False statements or representations, or failures to disclose material facts, to obtain or increase benefits.
Status: in_force

Whoever makes a false statement or representation knowing it to be false or who knowingly fails to disclose a material fact to obtain or to increase any benefits or other payment under Chapters 27 through 41 of this title or under an employment security or unemployment compensation law of any other state, the Federal Government, or of a foreign government, either for himself or for any other person, shall be punished by a fine of not less than fifty nor more than two hundred fifty dollars or by imprisonment for not longer than thirty days and each such false statement or representation or failure to disclose a material fact shall constitute a separate offense. Effect of Amendment 2015 Act No. 77, SECTION 2, substituted "of this title" for "of this Title", and substituted "not less than fifty nor more than two hundred fifty dollars" for "not less than twenty nor more than one hundred dollars".
S.C. Code Ann. § 41-13-30 — SC Code / Title 41 / Chapter 13 / Section 41-13-30
SECTION 41-13-30. Misrepresentation of age of child.
Status: in_force

Any parent, guardian or other person having under his control any child who consents, suffers or permits the employment of his child or ward under the ages above provided or who knowingly or wilfully misrepresents the age of such child or ward to any person in order to obtain employment for such child or ward contrary to the provisions of Section 41-13-10 shall be guilty of a misdemeanor and for every offense shall, upon conviction thereof, be fined not less than ten dollars nor more than fifty dollars or be imprisoned not longer than thirty days, in the discretion of the court.
S.C. Code Ann. § 41-5-110 — SC Code / Title 41 / Chapter 5 / Section 41-5-110
SECTION 41-5-110. Short title.
Status: in_force

This chapter must be known and may be cited as the "Employment First Initiative Act".
S.C. Code Ann. § 41-33-60 — SC Code / Title 41 / Chapter 33 / Article 1 / Section 41-33-60
SECTION 41-33-60. Withdrawals from unemployment trust fund shall constitute benefit account.
Status: in_force

The benefit account consists of all monies requisitioned from this state's account in the unemployment trust fund and no monies may be withdrawn from the unemployment trust fund for the payment of any interest accrued on advances granted to the State under Title XII of the Social Security Act for the purposes of this chapter, and this interest must be paid from sources other than the unemployment trust fund.
S.C. Code Ann. § 41-27-40 — SC Code / Title 41 / Chapter 27 / Article 1 / Section 41-27-40
SECTION 41-27-40. Amendments.
Status: in_force

The General Assembly reserves the right to amend or repeal all or any part of Chapters 27 through 41 of this Title at any time and there shall be no vested private right of any kind against any such amendment or repeal. All the rights, privileges, and immunities conferred by such chapters or acts done pursuant thereto shall exist subject to the power of the General Assembly to amend or repeal such chapters at any time. Editor's Note 2022 Act No. 229, preamble, provides as follows: "Whereas, pursuant to Section 41-27-40, the General Assembly has the right to amend or repeal all or any part of Chapters 27 through 41 of this title at any time and there is no vested private right of any kind against such amendment or repeal; and "Whereas, the General Assembly intended to charge the department with the administration of Title 41, Chapters 27 through 41, which includes the enforcement, interpretation, and execution of Section 41-35-40; and "Whereas, the General Assembly has known of the department's enforcement, interpretation, and execution of Section 41-35-40 regarding the weekly maximum benefit amounts paid to claimants; and "Whereas, the General Assembly has continuously approved the decades long practice by the department and its predecessor, the Employment Security Commission, of exercising its discretion to set a weekly maximum amount of unemployment benefits that an individual may receive in a week for the legitimate legislative purpose of ensuring the solvency of the unemployment insurance trust fund and that there are adequate funds to pay unemployment insurance benefits to individuals unemployed through no fault of their own; and "Whereas, the General Assembly believes that the department's enforcement, interpretation, and execution of Section 41-35-40 has been and continues to be reasonable and consistent with the General Assembly's intent and charge to administer Section 41-35-40; and "Whereas, the General Assembly intends to explicitly reaffirm that the department has always had the discretion to establish a maximum amount of unemployment benefits an individual may receive each week; and "Whereas, the General Assembly intends for this act to apply retroactively and govern all claims for unemployment insurance filed on or after July 1, 2007, and to apply to all proceedings disputing the department's calculation of an unemployed individual's maximum weekly benefit amount pending on or commenced after the date of the enactment of this act. [Text of act.]"
S.C. Code Ann. § 41-1-60 — SC Code / Title 41 / Chapter 1 / Section 41-1-60
SECTION 41-1-60. Certain transactions between carriers or shippers and labor organizations prohibited; penalties.
Status: in_force

(1) The term "labor organization" means any organization of any kind, or any agency or employee representation committee or plan, in which employees participate and which exists for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours of employment, or conditions of work. (2) It shall be unlawful for any carrier or shipper of property, or any association of such carriers or shippers, to agree to pay, or to pay, to or for the benefit of a labor organization, directly or indirectly, any charge by reason of the placing upon, delivery to, or movement by rail, or by a railroad car, of a motor vehicle, trailer, or container which is also capable of being moved or propelled upon the highways. (3) It shall be unlawful for any labor organization to accept or receive from any carrier or shipper of property, or any association of such carriers or shippers, any payment described in item (2) hereof. (4) Any person who agrees to pay, or who does pay, or who agrees to receive, or who does receive, any payment described in item (2) hereof shall be guilty of a misdemeanor and on conviction shall be fined not less than one hundred dollars nor more than one thousand dollars, or imprisoned for a period of not less than thirty days, nor more than one year, in the discretion of the court. Each act of violation, and each day during which such an agreement remains in effect, shall constitute a separate and distinct offense.
S.C. Code Ann. § 41-27-750 — SC Code / Title 41 / Chapter 27 / Article 7 / Section 41-27-750
SECTION 41-27-750. Comprehensive study of other states' unemployment and workforce agencies; report and recommendations.
Status: in_force

The committee may conduct a comprehensive study of other states' unemployment and workforce agency structures, responsibilities, qualifications, and compensation. The committee may prepare and deliver this report along with its recommendations to the General Assembly and the Governor.
S.C. Code Ann. § 41-31-320 — SC Code / Title 41 / Chapter 31 / Article 3 / Section 41-31-320
SECTION 41-31-320. Examination of reports and computation of contribution; notice of excess due.
Status: in_force

As soon as practicable after a contribution report is filed, the department shall examine it and compute the contribution due. If the amount computed is greater than the amount previously paid, the difference shall be paid to the department within ten days after notice of the amount is mailed by the department. Effect of Amendment The 2010 amendment rewrote the section.
S.C. Code Ann. § 41-43-50 — SC Code / Title 41 / Chapter 43 / Section 41-43-50
SECTION 41-43-50. Organization of board; disposition of net earnings; state to retain residual interest; retention of unexpended funds for subsequent years.
Status: in_force

As soon as practicable after appointment, the board shall organize by choosing a vice-chairman, secretary, and such other officers as considered necessary. The net earnings of the authority, beyond that necessary for retirement of its bonds or other obligations or to implement the purposes of this act, shall not inure to the benefit of any person other than the authority. Upon termination of the existence of the authority, title to all property, real and personal, owned by it, including net earnings, must vest in the State. The authority shall retain unexpended funds at the close of the state fiscal year regardless of the source of the funds and expend the funds in subsequent fiscal years. Nothing contained in this chapter may be construed to imply that the authority may not receive state general appropriation funds or state general obligation bond proceeds. Effect of Amendment The 1992 amendment added the third paragraph.
S.C. Code Ann. § 41-31-5 — SC Code / Title 41 / Chapter 31 / Article 1 / Section 41-31-5
SECTION 41-31-5. Definitions.
Status: in_force

As used in this chapter: (1) "Benefit ratio" means: (a) for the period of January 1, 2011, through December 31, 2013, the number calculated by dividing the sum of all benefits charged to an employer during the forty calendar quarters immediately preceding the calculation date by the sum of the employer's taxable payroll for the same period. If fewer than forty but more than one calendar quarter of data are available, the data from those available calendar quarters shall be used in the calculation. The benefit ratio must be calculated annually using data for quarters filed through June thirtieth of the current year to the sixth decimal place; (b) from January 1, 2014, the number calculated by dividing the sum of all benefits charged to an employer during the twelve calendar quarters immediately preceding the calculation date by the sum of the employer's taxable payroll for the same period. If fewer than twelve but more than one calendar quarters of data are available, the data from those available calendar quarters shall be used in the calculation. The benefit ratio must be calculated annually using data for quarters filed through June thirtieth of the current year to the sixth decimal place. (2) "Department" means the Department of Employment and Workforce. (3) "Statewide average required rate" means the amount of income projected to be needed by the unemployment insurance trust fund for the upcoming calendar year divided by the estimated taxable wages over the same period rounded to the sixth decimal place. (4) "Statewide average interest surcharge" means the amount of income projected to be needed to pay interest on outstanding federal advances during the upcoming calendar year divided by the estimated taxable wages for the upcoming calendar year. Effect of Amendment The 2011 amendment in subsection (1)(a) substituted "sum" for "average", "sum of the employer's" for "employer's average", and "for" for "during" in the first sentence, substituted "one calendar quarter" for "four calendar quarters" in the second sentence, and substituted "using data for quarters filed through June thirtieth of the current year" for "on July first" in the third sentence; and in subsection (B) in the first sentence substituted "sum" for "average", "sum of the employer's" for "employer's average", and "for" for "during", in the second sentence substituted "one calendar quarters" for "four calendar quarters", and in the third sentence substituted "using data for quarters filed through June thirtieth of the current year" for "on July first".
S.C. Code Ann. § 41-43-210 — SC Code / Title 41 / Chapter 43 / Section 41-43-210
SECTION 41-43-210. Funds for administrative purposes.
Status: in_force

All funds of the authority must be segregated or otherwise accounted for as administrative or program funds and deposited by the authority in a financial institution or institutions to be designated by the State Treasurer in accordance with policies established by the board of the authority. Funds of the authority must be paid out only upon warrants issued in accordance with policies established by the board of the authority. No warrants may be drawn or issued disbursing any of the funds of the authority except for a purpose authorized by this chapter. Effect of Amendment The 1992 amendment revised this section.
S.C. Code Ann. § 41-30-330 — SC Code / Title 41 / Chapter 30 / Article 3 / Section 41-30-330
SECTION 41-30-330. Majority vote.
Status: in_force

Any decision of the executive committee must be made by a majority vote of the entire membership of the committee. Editor's Note 2023 Act No. 67, SECTION 1, provides as follows: "SECTION 1. This act may be cited as the 'Statewide Education and Workforce Development Act'."
S.C. Code Ann. § 41-27-360 — SC Code / Title 41 / Chapter 27 / Article 3 / Section 41-27-360
SECTION 41-27-360. Statewide average weekly wage.
Status: in_force

"Statewide average weekly wage" means the amount computed by the department as of July first of each year that is the aggregate amount of wages, irrespective of the limitation on the amount of wages subject to contributions by reason of Section 41-27-380(2), reported by employers as paid during the first four of the last six completed calendar quarters before this date, divided by a figure representing fifty-two times the twelve-month average of the number of employees in the pay period containing the twelfth day of each month during the same four calendar quarters as reported by those employers. Effect of Amendment The 2010 amendment substituted "department" for "commission" following "the amount computed by the"; and made other nonsubstantive changes.
S.C. Code Ann. § 41-35-410 — SC Code / Title 41 / Chapter 35 / Article 3 / Section 41-35-410
SECTION 41-35-410. Application of provisions relating to regular benefits.
Status: in_force

Except when the result would be inconsistent with the other provisions of this section, as provided in the regulations of the department, the provisions of Chapters 27 through 41 of this title which apply to claims for, or the payment of, regular benefits must apply to claims for, and the payment of, extended benefits. Effect of Amendment The 2010 amendment substituted "department" for "Commission"; and made one other nonsubstantive change.
S.C. Code Ann. § 41-15-310 — SC Code / Title 41 / Chapter 15 / Article 3 / Section 41-15-310
SECTION 41-15-310. Appeal of Division of Labor decisions to administrative law judge.
Status: in_force

(A) Within thirty days after receipt of a citation, notice of penalty, or notice of abatement issued by the Division of Labor pursuant to the authority of this chapter, any aggrieved party may request a contested case hearing before the Administrative Law Court in accordance with Articles 3 and 5 of Chapter 23, Title 1 and the Rules of the Administrative Law Court. The parties to the contested case are the Division of Labor and any aggrieved employer, employee, or employee representative who requests a contested case hearing. (B) Hearings must be conducted according to the Rules of the Administrative Law Court. (C) A party aggrieved by the decision of the Administrative Law Court may appeal the decision as provided in Sections 1-23-380 and 1-23-610. (D) An individual, partnership, corporation, or other business entity is not required to be represented by an attorney when appearing in a contested case before the Administrative Law Court pursuant to this section, but may appear by an officer or an employee. (E) All matters pending before the South Carolina Occupational Health and Safety Review Board on the effective date of this act must be transferred to the Administrative Law Court for adjudication, and the South Carolina Occupational Health and Safety Review Board shall no longer provide administrative review. Effect of Amendment The 1993 amendment substituted "Director of the Department of Labor, Licensing, and Regulation or his designee" for "Commissioner of Labor" throughout this section. The 2008 amendment rewrote this section.
S.C. Code Ann. § 41-1-100 — SC Code / Title 41 / Chapter 1 / Section 41-1-100
SECTION 41-1-100. Form of notice required by Section 41-1-90.
Status: in_force

The notice required by Section 41-1-90 shall appear on any printed matter promoting the job training program and on every application for enrollment in the program in substantially the following form: "Notice. Completion of this job training program does not guarantee you regular employment on a permanent basis by the employer who requires you to complete the program."
S.C. Code Ann. § 41-27-700 — SC Code / Title 41 / Chapter 27 / Article 7 / Section 41-27-700
SECTION 41-27-700. Department of Employment and Workforce Review Committee; creation.
Status: in_force

There is created the Department of Employment and Workforce Review Committee which must exercise the powers and fulfill the duties described in this article.
S.C. Code Ann. § 41-33-440 — SC Code / Title 41 / Chapter 33 / Article 3 / Section 41-33-440
SECTION 41-33-440. Expenditure of monies in fund.
Status: in_force

All monies in the Department of Employment and Workforce administration fund except money received pursuant to Section 41-33-160 shall be expended solely for the purposes and in the amounts found necessary by the Secretary of Labor, or his successors, for the proper and efficient administration of Chapters 27 through 41 of this title. Effect of Amendment The 2011 amendment substituted "Department of Employment and Workforce" for "employment security", and "title" for "Title" at the end.
S.C. Code Ann. § 41-27-740 — SC Code / Title 41 / Chapter 27 / Article 7 / Section 41-27-740
SECTION 41-27-740. Staff support for committee.
Status: in_force

(A) The committee must use clerical and professional employees of the Senate Labor, Commerce and Industry Committee and the House of Representatives Labor, Commerce and Industry Committee for its staff, who must be made available to the committee. (B) The committee may employ or retain other professional staff, upon the determination of the necessity for other staff by the committee.
S.C. Code Ann. § 41-27-320 — SC Code / Title 41 / Chapter 27 / Article 3 / Section 41-27-320
SECTION 41-27-320. Payments in lieu of contributions.
Status: in_force

"Payments in lieu of contributions" means the money payments to the unemployment compensation fund required by the provisions of Section 41-31-630.
S.C. Code Ann. § 41-10-110 — SC Code / Title 41 / Chapter 10 / Section 41-10-110
SECTION 41-10-110. Right of the Director of the Department of Labor, Licensing and Regulation to enter and to conduct investigation.
Status: in_force

The Director of the Department of Labor, Licensing and Regulation or his designee, his inspectors, agents, or designees, upon proper presentation of credentials to the owner, manager, or agent of the employer, may enter at reasonable times and have the right to question either publicly or privately any employer, owner, manager, or agent and the employees of the employer and inspect, investigate, reproduce, or photograph time records or payroll records for the purpose of determining that the provisions of this chapter are complied with. Effect of Amendment The 1993 amendment substituted "Director of the Department of Labor, Licensing, and Regulation or his designee" for "Commissioner of Labor".
S.C. Code Ann. § 41-41-20 — SC Code / Title 41 / Chapter 41 / Section 41-41-20
SECTION 41-41-20. Suspension of benefits to claimant making false statement or failing to disclose material fact; deduction from benefits.
Status: in_force

(A) A claimant found by the department knowingly to have made a false statement or who knowingly failed to disclose a material fact when filing a compensable claim to establish his right to or increase the amount of his benefits is ineligible to receive benefits for any week for which the claim was filed and is ineligible to receive further benefits for not less than ten and not more than fifty-two consecutive weeks as determined by the department according to the circumstances of the case, these weeks to commence with the date of the determination. (B) If the department finds that a fraudulent misrepresentation has been made by a claimant with the object of obtaining benefits under this chapter to which he was not entitled, in addition to any other penalty or prosecution provided under this chapter, the department may make a determination that there must be deducted from benefits to which the claimant might become entitled during this present benefit year or the next subsequent benefit year, or both, an amount not less than two and one-half times his weekly benefit amount and not more than his maximum benefit amount payable in a benefit year, as determined under Chapter 35. This deduction takes effect on the date of the determination. An appeal from this determination must be made in the manner prescribed in Article 5, Chapter 35. Effect of Amendment The 2002 amendment rewrote this section. The 2010 amendment substituted "department" for four occurrences of "commission" throughout the section. 2015 Act No. 77, SECTION 2, in (B), inserted "and one-half" following "an amount not less than two".
S.C. Code Ann. § 41-27-540 — SC Code / Title 41 / Chapter 27 / Article 5 / Section 41-27-540
SECTION 41-27-540. Individuals employed to assist agents or employees.
Status: in_force

Each individual employed to perform or to assist in performing the work of any agent or employee of an employing unit shall be deemed to be employed by such employing unit for all the purposes of Chapters 27 through 41 of this Title, whether such individual was hired or paid directly by such employing unit or by such agent or employee, provided the employing unit had actual or constructive knowledge of the work.
S.C. Code Ann. § 41-43-230 — SC Code / Title 41 / Chapter 43 / Section 41-43-230
SECTION 41-43-230. Disposition of property; authority not required to advertise or take bids.
Status: in_force

The authority may dispose of any property acquired by it on terms and conditions considered appropriate. The authority is not required to advertise property or take bids thereon. Effect of Amendment The 1992 amendment in the first sentence deleted "otherwise than with administrative funds" between "it" and "on"; and deleted a sentence providing that in evaluating the consideration received for property or its use the authority must consider nonpecuniary benefits and benefits to the citizenry.
S.C. Code Ann. § 41-35-760 — SC Code / Title 41 / Chapter 35 / Article 5 / Section 41-35-760
SECTION 41-35-760. Publication of department regulations on electronic website.
Status: in_force

(A) The department must promulgate all regulations described in this chapter and regulations governing procedures at all proceedings, hearings, and appeals before the department or any member or employee of the department, including claims for benefit determinations, and all appeals of determinations regarding those claims, and publish all regulations on an electronic website. (B) Regulations governing procedures at hearings and appeals before the department shall include, at a minimum: (1) procedures for seeking a hearing, review, or appeal; (2) procedures for notifying parties; (3) evidentiary rules; (4) procedures for making findings of fact and conclusions of law; (5) procedures for making and maintaining an appropriate record of interviews and proceedings before the department; and (6) procedures for seeking review or appeal of the department's decision. (C) All regulations must be promulgated in accordance with the provisions of Chapter 23, Title 1 of the South Carolina Code of Laws.
S.C. Code Ann. § 41-13-50 — SC Code / Title 41 / Chapter 13 / Section 41-13-50
SECTION 41-13-50. Enforcement.
Status: in_force

The Director of the Department of Labor, Licensing and Regulation or his designee and the inspectors and agents of the Division of Labor shall enforce the provisions of this chapter, make complaints against persons violating its provisions and institute prosecutions for violation thereof. Effect of Amendment The 1993 amendment substituted "Director of the Department of Labor, Licensing and Regulation or his designee" for "Commissioner of Labor" and "Division of Labor" for "Department of Labor".
S.C. Code Ann. § 41-31-670 — SC Code / Title 41 / Chapter 31 / Article 5 / Section 41-31-670
SECTION 41-31-670. Special provisions for organizations that made regular contributions prior to January 1, 1969.
Status: in_force

(A) Any nonprofit organization that prior to January 1, 1969, paid contributions required by Section 41-31-10 and, pursuant to Section 41-31-620, elects within thirty days after January 1, 1972, to make payments in lieu of contributions, is not required to make any such payment on account of any regular or extended benefits paid, on the basis of wages paid by the organization to individuals for weeks of unemployment which begin on or after the effective date of the election until the total amount of the benefits equals the amount of the positive balance in the experience rating account of the organization. (B) Any nonprofit organization which has elected to become liable for payments in lieu of contributions under the provisions of Sections 41-31-620 and 41-31-630 and thereafter terminates the election shall become an employer liable for the payments of contributions upon the effective date of the termination but no such employer's tax rate thereafter may be less than tax rate class twelve until there have been twenty-four consecutive calendar months of coverage. Upon termination of the election to reimburse the department in lieu of contributions, if the employer was previously an employer liable for contributions, the previously established contributory account will be reopened. Effect of Amendment The 2010 amendment changed the paragraph identifiers from (1) and (2) to (A) and (B). The 2011 amendment rewrote subsection (B).
S.C. Code Ann. § 41-31-150 — SC Code / Title 41 / Chapter 31 / Article 1 / Section 41-31-150
SECTION 41-31-150. Treatment of fractions of a cent.
Status: in_force

In the payment of any contributions or any departmental administrative contingency assessment a fractional part of a cent must be disregarded unless it amounts to one-half cent or more, in which case it must be increased by one cent. Effect of Amendment The 1986 amendment added "or employment security administrative contingency assessment" and made grammatical changes. The 2010 amendment substituted "any departmental" for "employment security" and "by" for "to".
S.C. Code Ann. § 41-43-300 — SC Code / Title 41 / Chapter 43 / Section 41-43-300
SECTION 41-43-300. South Carolina Jobs-Economic Development Authority; implementation of State Small Business Credit Initiative; capital assistance programs and other credit support programs; contracts with Business Development Corporation; designation of officer.
Status: in_force

(A) The South Carolina Jobs-Economic Development Authority is designated, authorized, and directed to implement the State Small Business Credit Initiative within the State. The South Carolina Jobs-Economic Development Authority is authorized to apply for and receive the South Carolina Small Business Credit Initiative Allocation; to execute and deliver the requisite application, the State Small Business Credit Initiative Allocation Agreement for Participating States, and all other agreements, documents, certificates, and undertakings related thereto, on behalf of the State; to implement one or more Capital Assistance Programs and/or Other Credit Support Programs as permitted under and supported by the State Small Business Credit Initiative; and to contract with the Business Development Corporation of South Carolina in order to administer such programs. (B) The Board of Directors of the South Carolina Jobs-Economic Development Authority may designate by resolution the appropriate officer, including, if so determined, the Executive Director of the South Carolina Jobs-Economic Development Authority, to execute and deliver, on behalf of the State, the application, the State Small Business Credit Initiative Allocation Agreement, and all other agreements, documents, certificates, and undertakings related thereto.
S.C. Code Ann. § 41-33-450 — SC Code / Title 41 / Chapter 33 / Article 3 / Section 41-33-450
SECTION 41-33-450. Liability of State Treasurer on bond.
Status: in_force

The State Treasurer shall be liable on his official bond for the faithful performance of his duties in connection with the Department of Employment and Workforce administration fund. Effect of Amendment The 2011 amendment substituted "Department of Employment and Workforce" for "employment security".
S.C. Code Ann. § 41-25-20 — SC Code / Title 41 / Chapter 25 / Section 41-25-20
SECTION 41-25-20. Definitions.
Status: in_force

For the purposes of this chapter: (a) "Secretary" means the Secretary of State or his designated representative. (b) "Private Personnel Placement Service" includes any person who charges fees, whether direct or indirect, all or any part of which may be in consideration of the person providing information on employment opportunities, procuring or attempting to procure employment for applicants seeking employment, and for procuring or attempting to procure employees for employers seeking applicants, regardless of what the services are called, which must include, but not be restricted to, job listing services, employment information centers, executive search firms, outplacement services, career counseling services, consultants, or resume services that perform job market sourcing for applicants, corporate or private business services, and other professional consultants and all who market or advertise personnel services on a "third party" basis, unless covered under other provisions of law. (c) "Private Personnel Placement Service" does not include: (1) Any placement office conducted by an incorporated bar association, hospital, association of registered professional nurses, registered medical institution, or by an incorporated association or society of professional engineers, or by an incorporated association or society of land surveyors, or by an incorporated association or society of registered architects; (2) Any organization operated by or under the exclusive control of a bona fide nonprofit educational, religious, charitable, or eleemosynary institution; (3) Temporary help services; (4) Any organization operated by a governmental authority. (d) "Placement fee" means any thing of value, paid, or directed to be paid, including retainer fees for providing information on employment opportunities, for the service of procuring or attempting to procure employment for persons seeking employment, or for procuring or attempting to procure employees for employers seeking applicants, or charges by persons performing services as defined in item (b) of this section. (e) "Person" means any individual, company, society, association, corporation, manager, contractor, subcontractor, partnership, bureau, agency, service, office, or the agent or employee of the foregoing. (f) "Applicant" means anyone performing or seeking to perform work, service, or labor of any kind and who had for this purpose visited or been in contact with a Private Personnel Placement Service. (g) "Employer" means any person who engages or who seeks to engage applicants for employment. Effect of Amendment The 1989 amendment in (b) and (d) inserted "providing information on employment opportunities,", and also in (b) inserted "job listing services, employment information centers,".
S.C. Code Ann. § 41-27-340 — SC Code / Title 41 / Chapter 27 / Article 3 / Section 41-27-340
SECTION 41-27-340. Educational institution.
Status: in_force

"Educational institution" means any educational institution except an institution of higher education as defined in Section 41-27-290 of this Title: (1) In which participants, trainees or students are offered an organized course of study or training designed to transfer to them knowledge, skills, information, doctrines, attitudes or abilities from, by or under the guidance of instructors or teachers; (2) Which is legally authorized in this State to provide a program of education; and (3) Which offers a course of study or training which may be academic, technical trade, or preparation for gainful employment in a recognized occupation.
S.C. Code Ann. § 41-15-520 — SC Code / Title 41 / Chapter 15 / Article 5 / Section 41-15-520
SECTION 41-15-520. Remedies of an employee charging discrimination.
Status: in_force

A private sector employee believing that he has been discharged or otherwise discriminated against by any person in violation of Section 41-15-510 may, within thirty days after the violation occurs, file a complaint with the Director of the Department of Labor, Licensing and Regulation alleging the discrimination. Upon receipt of the complaint, the director shall within fifteen days forward the complaints that allege violations of Section 41-15-510 and violations of a federal statute other than 29 U.S.C.A. Section 660(c) to the United States Department of Labor Whistleblower Program. For other complaints, the director shall cause an investigation to be made as he deems appropriate. If upon such investigation the director determines the provisions of Section 41-15-510 have been violated, he shall institute an action in the appropriate court of common pleas against such person. In any such action the court of common pleas shall have jurisdiction for cause shown to restrain violations of Section 41-15-510 and order all appropriate relief including rehiring or reinstatement of the employee to his former position with back pay. A public sector employee believing that he has been discharged or otherwise discriminated against by any person in violation of Section 41-15-510 may proceed with a civil action pursuant to the provisions contained in Chapter 27, Title 8. Effect of Amendment The 1993 amendment substituted "Director of the Department of Labor, Licensing, and Regulation or his designee" for "Commissioner of Labor". The 2011 amendment rewrote the section. The 2012 amendment rewrote the section.
S.C. Code Ann. § 41-44-20 — SC Code / Title 41 / Chapter 44 / Section 41-44-20
SECTION 41-44-20. Taxpayer credit.
Status: repealed

[This section is repealed upon certification that remaining investments of private sector limited partners have been liquidated. See Editor's Note at the beginning of this Chapter.] A taxpayer is entitled to a credit for qualified investments in the Palmetto Seed Capital Corporation or the Palmetto Seed Capital Fund Limited Partnership as determined under Section 12-6-3430. Effect of Amendment The 1995 amendment rewrote this section.
S.C. Code Ann. § 41-18-140 — SC Code / Title 41 / Chapter 18 / Article 1 / Section 41-18-140
SECTION 41-18-140. Preemption of local regulations.
Status: in_force

No political subdivision may make or maintain any ordinance, bylaw, or resolution providing for any of the matters covered under and regulated by this chapter, and an ordinance, bylaw, or resolution relating to a matter covered under and regulated by this chapter is void. Effect of Amendment The 1998 amendment made nonsubstantive changes.
S.C. Code Ann. § 41-27-350 — SC Code / Title 41 / Chapter 27 / Article 3 / Section 41-27-350
SECTION 41-27-350. State.
Status: in_force

"State" includes, in addition to the states of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and effective one day after the date on which the United States Secretary of Labor approves its unemployment compensation law under Section 3304(a) of the Internal Revenue Code of 1954, the term shall include the Virgin Islands.
S.C. Code Ann. § 41-31-80 — SC Code / Title 41 / Chapter 31 / Article 1 / Section 41-31-80
SECTION 41-31-80. Omitted by 2010 Act No. 234, SECTION 1, eff January 1, 2011.
Status: in_force

Editor's Note Former SECTION 41-31-80 was entitled "Statewide reserve ratio; increase in rates when ratio is less than three and one-half percent" and was derived from 1962 Code SECTION 68-176; 1952 Code SECTION 68-176; 1942 Code SECTION 7035-87; 1936 (39) 1716; 1939 (41) 487; 1941 (42) 369; 1955 (49) 480; 1957 (50) 580; 1961 (52) 162, 453; 1966 (54) 2640; 1972 (57) 2187; 1973 (58) 412. 1981 Act No. 108 SECTION 6; 1986 Act No. 362, SECTION 6; 1999 Act No. 37, SECTION 6.
S.C. Code Ann. § 41-16-90 — SC Code / Title 41 / Chapter 16 / Section 41-16-90
SECTION 41-16-90. Permits for new installations.
Status: in_force

A permit must be issued by the Director before construction on a new installation is begun. The department shall issue a permit for relocation or installation, as applicable, if the plans and specifications indicate compliance with applicable regulations. If the plans and specifications indicate a failure of compliance with applicable regulations, the department shall give notice of necessary changes to the person filing the application. After the changes have been made and approved, the department shall issue a permit. Plans must be submitted in triplicate and must be accompanied by an application for the permit on a form to be furnished by the Director. The plans shall include: 1. Sectional plan of car and hoistway. 2. Sectional plan of machine room. 3. Sectional elevation of hoistway and machine room, including the pit, bottom, and top clearance of car, and counterweight. 4. Size and weight of guide rails, and guide rail bracket spacing. 5. Other information which the department may require.
S.C. Code Ann. § 41-30-720 — SC Code / Title 41 / Chapter 30 / Article 7 / Section 41-30-720
SECTION 41-30-720. Promotion of career information, employment options, and preparation programs.
Status: in_force

The Department of Employment and Workforce, in collaboration with the Department of Commerce, the State Board for Technical and Comprehensive Education, the Commission on Higher Education, and the State Department of Education shall plan and promote the career information and employment options and preparation programs provided for in this section by: (1) identifying potential employers to participate in the career-oriented learning programs; (2) serving as a contact point for employees and job seekers who are seeking career information and training; (3) providing labor market information including, but not limited to, supply and demand; (4) promoting increased career awareness and career counseling through the management and promotion of the South Carolina Occupational Information System; (5) collaborating with local agencies and businesses to stimulate funds; and (6) cooperating in the creation and coordination of workforce education programs. Editor's Note 2023 Act No. 67, SECTION 1, provides as follows: "SECTION 1. This act may be cited as the 'Statewide Education and Workforce Development Act'." Effect of Amendment 2023 Act No. 67, SECTION 2, rewrote the first undesignated paragraph, and in (2), inserted "and job seekers who are".
S.C. Code Ann. § 41-14-30 — SC Code / Title 41 / Chapter 14 / Section 41-14-30
SECTION 41-14-30. Adoption of regulations for installation and inspection of new and existing boilers; conformity to nationwide engineering standards.
Status: in_force

(A)(1) The department shall promulgate regulations for the safe installation and inspection of boilers in this State. (2) All new installations shall conform to generally accepted nationwide engineering standards. Conformity with the most recent edition of the Boiler and Pressure Vessel Code or the ASME Code shall be accepted as conformity with generally accepted nationwide engineering standards. (3) The department shall promulgate regulations for installation and inspection of boilers which were in use in this State prior to the implementation of the statewide building code. The regulations must be based upon, and at all times follow, generally accepted nationwide engineering standards and practices and may adopt applicable sections of the Inspection Code of the National Board of Boiler and Pressure Vessel Inspectors. (B) The regulations and any subsequent regulations promulgated by the department must be adopted pursuant to the Administrative Procedures Act.
S.C. Code Ann. § 41-16-10 — SC Code / Title 41 / Chapter 16 / Section 41-16-10
SECTION 41-16-10. Short title.
Status: in_force

This chapter is known and may be cited as the "South Carolina Elevator Code".
S.C. Code Ann. § 41-27-525 — SC Code / Title 41 / Chapter 27 / Article 5 / Section 41-27-525
SECTION 41-27-525. Availability of benefits for persons seeking only part-time work.
Status: in_force

If the majority of the weeks of work in an individual's base period includes part-time work, the individual shall not be denied unemployment benefits under any provisions of this act relating to availability for work, active search for work, or failure to accept work, solely because the individual is seeking only part-time work. The phrase "seeking only part-time work", as used in this subsection, means the individual claiming unemployment benefits is available for a number of hours per week that are comparable to the individual's part-time work experience in the base period.
S.C. Code Ann. § 41-18-160 — SC Code / Title 41 / Chapter 18 / Article 1 / Section 41-18-160
SECTION 41-18-160. Catapulting amusement ride permit requirements.
Status: in_force

(A) A catapulting amusement ride must meet the following requirements before the Department of Labor, Licensing and Regulation may issue a permit: (1) the ride must have been in operation in another state or country for more than five years in order to compile a safety record that must be reviewed by the department; (2) the ride must have an exemplary safety record in the discretion of the department; (3) the ride must have cables or wire ropes attached to the safety car in at least four places; (4) the ride may not incorporate or use bungee cords anywhere within the design of the ride; and (5) at no time may a safety car or other suitable safety device be attached directly to a spring which is stretched or elongated in the manner of a bungee cord from the top of a tower or fixed position above the safety car or other suitable device. (B) The department may deny a permit for a catapulting amusement ride if one or more of the requirements in subsection (A) are not satisfied."
S.C. Code Ann. § 41-44-30 — SC Code / Title 41 / Chapter 44 / Section 41-44-30
SECTION 41-44-30. Tax credit, computation; corporation filing consolidated return; effect of merger, consolidation, or reorganization.
Status: repealed

[This section is repealed upon certification that remaining investments of private sector limited partners have been liquidated. See Editor's Note at the beginning of this Chapter.] Subject to Section 41-44-50, the amount of the credit that a taxpayer may receive under this chapter for a particular taxable year is equal to the lesser of: (1) the taxpayer's state tax liability for that taxable year; (2) the amount determined in Step Three of the following steps: Step One: Add the consideration paid for all qualified investments of the taxpayer during the taxable year of the taxpayer. Step Two: Multiply the amount determined in Step One by three-tenths. Step Three: Add the product determined in Step Two to the credit carryover, if any, to which the taxpayer is entitled for the taxable year under Section 41-44-40; or (3) one-half of all the qualified investments of the taxpayer multiplied by three-tenths. A corporation which files or is required to file a consolidated return is entitled to the income tax credit allowed by this section on a consolidated basis. The tax credit may be determined on a consolidated basis regardless of whether or not the corporation entitled to the credit contributed to the tax liability of the consolidated group. The merger, consolidation, or reorganization of a corporation where tax attributes survive does not create new eligibility in a succeeding corporation but unused credits may be transferred and continued by the succeeding corporation. In addition, a corporation may assign its rights to its unused credit to another corporation if it transfers all, or substantially all, of the assets of the corporation or all, or substantially all, of the assets of a trade or business or operating division of a corporation to another corporation. Effect of Amendment The 1994 amendment added the last two paragraphs, pertaining to entitlement to the credit on a consolidated basis, and to the effect of merger, consolidation or reorganization of a corporation, respectively.
S.C. Code Ann. § 41-29-25 — SC Code / Title 41 / Chapter 29 / Section 41-29-25
SECTION 41-29-25. Executive Director; discharge of duties.
Status: in_force

(A) The executive director shall discharge his duties: (1) in good faith; (2) with the care an ordinarily prudent person in a like position would exercise under similar circumstances; and (3) in a manner he reasonably believes to be in the best interests of the department. As used in this chapter, best interests means a balancing of the following: (a) achieving the purposes of the department; (b) preservation of the financial integrity of the department and its ongoing operations; and (c) exercise of the powers of the department in accordance with good business practices and the requirements of applicable laws and regulations. (B) In discharging his duties, the executive director is entitled to rely on information, opinions, reports, or statements, including financial statements and other financial data, if prepared or presented by: (1) one or more officers or employees of the State whom the executive director reasonably believes to be reliable and competent in the matters presented; or (2) legal counsel, public accountants, or other persons as to matters the executive director reasonably believes are within the person's professional or expert competence. (C) The executive director is not acting in good faith if he has knowledge concerning the matter in question that makes reliance otherwise permitted by subsection (B) unwarranted. (D) Nothing in this section gives rise to a cause of action against the executive director or any decision made by the executive director concerning departmental operations or development.
S.C. Code Ann. § 41-31-90 — SC Code / Title 41 / Chapter 31 / Article 1 / Section 41-31-90
SECTION 41-31-90. Effect of change of corporate name.
Status: in_force

In the event of a change of name by a corporation, without any change of ownership interest, the department may provide that the experience rating of the old corporation be continued by the new corporation. Effect of Amendment The 2010 amendment substituted "the department" for ""therein, the Commission".
S.C. Code Ann. § 41-35-310 — SC Code / Title 41 / Chapter 35 / Article 3 / Section 41-35-310
SECTION 41-35-310. "Extended benefit period" defined.
Status: in_force

"Extended benefit period" means a period which (1) Begins with the third week after a week for which there is a state "on" indicator; and (2) Ends with either of the following weeks, whichever occurs later: (a) The third week after the first week for which there is a state "off" indicator. (b) The thirteenth consecutive week of such period. No extended benefit period may begin by reason of a state "on" indicator before the fourteenth week following the end of a prior extended benefit period which was in effect with respect to this State.
S.C. Code Ann. § 41-33-100 — SC Code / Title 41 / Chapter 33 / Article 1 / Section 41-33-100
SECTION 41-33-100. Deposit of amounts drawn by department; security.
Status: in_force

Such lump sum amounts when received by the department from the State Treasurer must be immediately deposited by the department in a benefit payment account maintained in the name of the department in that bank or public depository and under conditions the department determines necessary. The bank or public depository must be one in which general funds of the State may be deposited, but no public deposit insurance charge or premium shall be paid out of the fund or benefit payment account. The department shall require the bank or depository it selects as the depository of the benefit payment account security in an amount equal to the amount on deposit. This security must consist of securities or a surety bond required by law of depositories of state funds. Effect of Amendment The 2010 amendment substituted "department" for five occurrences of "Commission"; and made other nonsubstantive changes.
S.C. Code Ann. § 41-14-60 — SC Code / Title 41 / Chapter 14 / Section 41-14-60
SECTION 41-14-60. Boilers excepted or exempted from application of chapter.
Status: in_force

(A) This chapter does not apply to: (1) boilers under federal control or under regulations of Title 49 of the Code of Federal Regulations, Parts 192 and 193; (2) hot water supply boilers equipped with ASME-National Board approved safety relief valves which are directly fired with oil, gas, or electricity when none of the following limitations are exceeded: heat input of 200,000 BTU per hour; water temperature of 210 degrees Fahrenheit; nominal water-containing capacity of 120 gallons; (3) boilers in the care, custody, and control of research facilities and used solely for research purposes which require one or more details of noncode construction or which involve destruction or reduced life expectancy of those vessels so long as a timely inspection report is filed pursuant to Section 41-14-120; (4) boilers operated and maintained for the production and generation of electricity so long as a timely inspection report is filed pursuant to Section 41-14-120; (5) boilers operated and maintained as part of a manufacturing process so long as a timely inspection report is filed pursuant to Section 41-14-120; (6) boilers that are subject to OSHA standards of compliance so long as a timely inspection report is filed pursuant to Section 41-14-120; (7) boilers operated and maintained by a public utility or the Public Service Authority including, but not limited to, boilers operated and maintained for the production of electricity so long as a timely inspection report is filed pursuant to Section 41-14-120. (B) The following boilers are exempt from the requirements of Sections 41-14-120 and 41-14-130: (1) boilers that are located on farms and used solely for agricultural or horticultural purposes; (2) heating boilers that are located in private residences or in apartment houses of less than six family units. (C) All pressure vessels are exempt from regulation under this chapter.
S.C. Code Ann. § 41-27-330 — SC Code / Title 41 / Chapter 27 / Article 3 / Section 41-27-330
SECTION 41-27-330. Secretary of Labor.
Status: in_force

"Secretary of Labor" means the United States Secretary of Labor.
S.C. Code Ann. § 41-31-130 — SC Code / Title 41 / Chapter 31 / Article 1 / Section 41-31-130
SECTION 41-31-130. Refunds not authorized; adjustments made by deductions from future payments.
Status: in_force

Nothing in Sections 41-31-110 and 41-31-120 shall be construed to authorize or require the refund of any sums lawfully paid into the unemployment compensation trust fund or to authorize or require sums lawfully paid into the unemployment compensation trust fund for any purpose other than to pay unemployment compensation benefits. But the department may make the necessary adjustments in conformity with the provisions of this law by deductions of future contribution payments as though such payments or assessments had been made erroneously by any person coming within the provisions of said sections. Effect of Amendment The 2010 amendment substituted "authorize or require sums lawfully paid into the unemployment compensation trust fund for any purpose other than " for "use otherwise any of such sums except" in the first sentence, and substituted "department" for "Commission" in the second sentence.
S.C. Code Ann. § 41-35-400 — SC Code / Title 41 / Chapter 35 / Article 3 / Section 41-35-400
SECTION 41-35-400. "State law" defined.
Status: in_force

"State law" means the unemployment insurance law of any state, approved by the U.S. Secretary of Labor under Section 3304 of the Internal Revenue Code of 1954.
S.C. Code Ann. § 41-43-240 — SC Code / Title 41 / Chapter 43 / Section 41-43-240
SECTION 41-43-240. Creation of other corporations.
Status: in_force

The authority is authorized to establish profit or not-for-profit corporations as it considers necessary to carry out the purposes of this chapter. Officials or employees of the authority may act as officials or employees without additional compensation of a corporation created pursuant to this section. A corporation established pursuant to this section is considered a "public procurement unit" for purposes of Article 19, Chapter 35 of Title 11. The authority may make grants or loans to, or make guarantees for, the benefit of any not-for-profit corporation which the authority has caused to be formed whose Articles of Incorporation require that its directors be elected by members of the authority and all assets of which, upon dissolution, must be distributed to the authority if it is in existence or, if it is not in existence, then to the State of South Carolina. These grants, loans, or guarantees may be made upon a determination by the authority that the receiving not-for-profit corporation is able to carry out the purposes of this act and on the terms and conditions imposed by the authority. Any guarantee made by the authority shall not create an obligation of the State or its political subdivisions or be a grant or loan of the credit of the State or any political subdivision. Any guarantee issued by the authority must be a special obligation of it. Neither the State nor any political subdivision is liable on any guarantee nor may they be payable out of any funds other than those of the authority and any guarantee issued by the authority shall contain on its face a statement to that effect. Effect of Amendment The 1992 amendment in the first paragraph, in the first sentence substituted "chapter" for "act" and added the second and third sentences.
S.C. Code Ann. § 41-14-20 — SC Code / Title 41 / Chapter 14 / Section 41-14-20
SECTION 41-14-20. Definitions.
Status: in_force

For the purposes of this chapter: (1) "API-ASME" means the American Petroleum Institute-American Society of Mechanical Engineers. (2) "ASME" means the American Society of Mechanical Engineers. (3) "Board" means the Contractors' Licensing Board. (4) "Boiler" means a closed vessel in which water or other liquid is heated, steam or vapor is generated, or steam is superheated, or in which any combination of these functions is accomplished, under pressure or vacuum, for use externally to itself, by the direct application of energy from the combustion of fuels or from electrical, solar, or nuclear energy. The term "boiler" includes fired units for heating or vaporizing liquids other than water where these units are separate from processing systems and are complete within themselves. The term "boiler" is further defined to include any of the following terms: (a) "heating boiler" means a steam or vapor boiler operating at pressures not exceeding 15 psig or a hot water boiler operating at pressures not exceeding 160 psig or temperatures exceeding 250 degrees Fahrenheit; or (b) "high pressure, high temperature water boiler" means a water boiler operating at pressures exceeding 160 psig or temperatures exceeding 250 degrees Fahrenheit; or (c) "power boiler" means a boiler in which steam or other vapor is generated at a pressure of more than 15 psig. (5) "Department" means the Department of Labor, Licensing and Regulation. (6) "Director" means the Director of the Department of Labor, Licensing and Regulation. (7) "Owner" means the person or persons who own or operate any business operating a boiler required to be registered under this chapter.
S.C. Code Ann. § 41-35-30 — SC Code / Title 41 / Chapter 35 / Article 1 / Section 41-35-30
SECTION 41-35-30. Payment of benefits in case of death.
Status: in_force

(A) When a benefit due an individual has been unpaid at the time of death and the estate of the individual has not been administered in the probate court within sixty days after the time of death, the department may pay benefit amounts the deceased may have been entitled to: (1) the surviving wife or husband and, if there is none; (2) the minor children and, if there are none; (3) the adult children and, if there are none; (4) the parents of the deceased and, if there are none; (5) a person dependent on the deceased. (B) If there is no person within those classifications, the payments due the deceased must lapse and revert to the unemployment trust fund. (C) Payment to a responsible adult with whom minor children are making their home, upon a written pledge to use the payment for the benefit of these minors, is considered proper and legal payment to the minor children without the requirement of formal appointment of a guardian. Effect of Amendment The 2010 amendment substituted "department" for "Commission"; added subsection designations (A), (B), and (C) to previously undesignated paragraphs; and made other nonsubstantive changes throughout the section.
S.C. Code Ann. § 41-16-40 — SC Code / Title 41 / Chapter 16 / Section 41-16-40
SECTION 41-16-40. Issuance of regulations.
Status: in_force

1. The Director shall promulgate regulations governing maintenance, construction, alteration, and installation of facilities and the inspection and testing of new and existing installations as necessary to provide for the public safety and to protect the public welfare. These regulations include, but are not limited to, regulations providing for: a. Classifications of types of facilities. b. Maintenance, inspection, testing, and operation of the various classes of facilities. c. Construction of new facilities. d. Alteration of existing facilities. e. Minimum safety requirements for all existing facilities. f. Control or prevention of access to facilities, temporarily decommissioned facilities, or dormant facilities. g. The reporting of accidents and injuries arising from the use of facilities. h. Qualifications for obtaining a special inspector's license, revocation of a special inspector's license, disqualification of special inspectors, and ethics of special inspectors. i. The adoption of procedures for the issuance of variances. j. The amount of fees charged and collected for inspection, permits, and licenses. Fees must be set at an amount sufficient to cover costs as determined from consideration of the reasonable time required to conduct an inspection, reasonable hourly wages paid to inspectors, and reasonable transportation and similar expenses. 2. Insofar as applicable, regulations adopted for facilities installed after January 1, 1986, must be based on the American National Standard Safety Code for Elevators, Dumbwaiters, Escalators, and Moving Walks, and supplements thereto, A.17.1. The Director shall promulgate regulations for facilities installed prior to January 1, 1986, according to the applicable provisions of the American National Standard Safety Code as he considers necessary. In promulgating regulations the Director may adopt the American National Standard Safety Code, or any part of it, by reference. 3. The Director shall furnish copies of the regulations promulgated by him to any person who requests them, without charge, or upon payment of a charge not to exceed the actual cost of printing of the regulations. Effect of Amendment The 1993 amendment, in subsection 1, paragraph f., added ", temporarily decommissioned facilities," and, rewrote paragraph h, adding "special" before "inspector's license", and adding provision for revocation of special license.
S.C. Code Ann. § 41-15-290 — SC Code / Title 41 / Chapter 15 / Article 3 / Section 41-15-290
SECTION 41-15-290. Correction of dangerous conditions or practices; injunctions; mandamus.
Status: in_force

(a) The court of common pleas of the county where the place of employment is located shall have jurisdiction, upon petition of the Director of the Department of Labor, Licensing and Regulation or his designee, to restrain any conditions or practices in any place of employment which are such that a danger exists which could reasonably be expected to cause death or serious physical harm immediately or before the imminence of such danger can be eliminated through the enforcement procedures provided by law. Any order issued under this section may require such steps to be taken as may be necessary to avoid, correct, or remove such imminent danger and prohibit the employment or presence of any individual in locations or under conditions where such imminent danger exists, except individuals whose presence is necessary to avoid, correct, or remove such imminent danger or to maintain the capacity of a continuous process operation to resume normal operations without a complete cessation of operations, or where a cessation of operations is necessary to permit such to be accomplished in a safe and orderly manner. (b) Upon the filing of any such petition the court of common pleas shall have jurisdiction to grant such injunctive relief or temporary restraining order pending the outcome of an enforcement proceeding pursuant to the law. (c) Whenever and as soon as a safety specialist concludes that conditions or practices described in item (a) exist in any place of employment, he shall inform the affected employees and employers of the danger and that he is recommending to the Director that relief be sought. (d) If the Director of the Department of Labor, Licensing and Regulation or his designee, or his authorized representative, arbitrarily or capriciously fails to seek relief under this section, any employee who may be injured or aggrieved by reason of such failure, or the representative of such employees, may bring an action against the Director in the court of common pleas for the district in which the imminent danger is alleged to exist, or the employer has its principal office, or an affected employee resides, for a writ of mandamus to compel the Director to seek such an order and for such further relief as may be appropriate. Effect of Amendment The 1993 amendment substituted "Director of the Department of Labor, Licensing, and Regulation or his designee" for "Commissioner of Labor".
S.C. Code Ann. § 41-27-240 — SC Code / Title 41 / Chapter 27 / Article 3 / Section 41-27-240
SECTION 41-27-240. Employment office.
Status: in_force

"Employment office" means a free public employment office operated by this State or other office maintained for the purpose of serving applicants or claimants or maintained as a part of a state-controlled system of public employment offices.
S.C. Code Ann. § 41-27-410 — SC Code / Title 41 / Chapter 27 / Article 3 / Section 41-27-410
SECTION 41-27-410. Departmental administrative contingency assessment.
Status: in_force

Effective January 1, 1986, the departmental administrative contingency assessment is an assessment of six one-hundredths of one percent to be assessed upon the wages as defined in Section 41-27-380(2) of all employers except those who have either elected to make payments in lieu of contributions as defined in Section 41-31-620 or are liable for the payment of contributions as defined in Section 41-31-620 or are liable for the payment of contributions and are classified as a state agency or any political subdivision or any instrumentality of the political subdivision as defined in Section 41-27-230(2). Effect of Amendment The 1999 amendment changed "contribution rate" to "contribution base rate". The 2011 amendment substituted "departmental" for "employment security" and deleted "or have been assigned a contribution base rate of five and four-tenths percent" from the end.
S.C. Code Ann. § 41-16-100 — SC Code / Title 41 / Chapter 16 / Section 41-16-100
SECTION 41-16-100. Operating certificates.
Status: in_force

Operating certificates must be issued by the Director to the owner of every facility when the inspection report indicates compliance with the applicable provisions of this chapter. However, no certificates may be issued if the fees required by Section 41-16-140 have not been paid. Certificates must be issued within thirty days after determination by the department that all deficiencies found upon inspection have been corrected and all fees have been paid. No facility may be operated after the thirty days or after any extension granted by the Director has expired, unless an operating certificate has been issued. The operating certificate shall indicate the type of equipment for which it is issued and, in the case of elevators, shall state whether passenger or freight, and also shall state the contract load and speed for each facility. The certificate must be posted conspicuously in the car of an elevator or on or near a dumbwaiter, escalator, moving walk, handicap lift, or manlift. Effect of Amendment The 1993 amendment rewrote this section.
S.C. Code Ann. § 41-17-70 — SC Code / Title 41 / Chapter 17 / Section 41-17-70
SECTION 41-17-70. Hindering director in performance of duties.
Status: in_force

Any person that hinders or obstructs the Director of the Department of Labor, Licensing and Regulation or his designee or his agents in the full and free performance of their duties under this chapter shall be guilty of a misdemeanor for each and every such offense and upon conviction in a court of competent jurisdiction shall be fined not less than twenty-five dollars, nor more than one hundred dollars or sentenced to serve not more than thirty days upon the county chain gang. Effect of Amendment The 1993 amendment substituted "Director of the Department of Labor, Licensing and Regulation or his designee" for "Commissioner of Labor".
S.C. Code Ann. § 41-3-10 — SC Code / Title 41 / Chapter 3 / Article 1 / Section 41-3-10
SECTION 41-3-10. Director of department appointed by Governor; department to promulgate and enforce regulations.
Status: in_force

A Director of the Department of Labor, Licensing and Regulation must be appointed by the Governor pursuant to the provisions of Section 40-1-40. The director means the chief administrative officer of the Department of Labor, Licensing and Regulation. The department is authorized to promulgate regulations for the department, and it is the duty of the department to administer and enforce the regulations and direct all inspections and investigations except as otherwise provided. Effect of Amendment The 1993 amendment substituted this section for one which read: "A Department of Labor is hereby created and established under the supervision and direction of a commissioner to be known as the Commissioner of Labor. The Commissioner shall have charge of the administration of the Department of Labor and the enforcement of all rules and regulations which it is the duty of the Department to administer and enforce and shall direct all inspections and investigations except as otherwise provided". The 2010 amendment deleted the first sentence, relating to the creation of the Division of Labor.
S.C. Code Ann. § 41-18-90 — SC Code / Title 41 / Chapter 18 / Article 1 / Section 41-18-90
SECTION 41-18-90. Liability insurance requirement.
Status: in_force

Before the Labor Division of the Department of Labor, Licensing and Regulation may issue a permit to the owner or lessee of an amusement device, the owner or lessee of the device shall furnish the Labor Division with proof that the owner or lessee has purchased insurance from an acceptable insurer in an amount not less than five hundred thousand dollars for each occurrence against liability for injury to persons arising out of the use of the amusement device and that the policy of liability is in effect. The amount of the deductible provision in the policy of insurance is dependent upon the owner's or the lessee's proof of financial responsibility and must be established by the Labor Division on a case-by-case basis. For purposes of this section, an acceptable insurer for a "permanent device" is an insurer which is either licensed by the Director of the Department of Insurance in this State or approved by the Department of Insurance as a nonadmitted surplus lines carrier for risks located in this State. For a "temporary device" an insurer shall meet either of these requirements or shall meet minimum financial requirements for admission as a licensed company in South Carolina and must be licensed in the "temporary device's" owner's or lessee's home state or must be an approved nonadmitted surplus lines carrier for risks located in that home state. Each policy, by its original terms or an endorsement, shall obligate the insurer that it will not cancel, suspend, or nonrenew the policy without thirty days' written notice of the proposed cancellation, suspension, or nonrenewal and a complete report of the reasons for the cancellation, suspension, or nonrenewal being given to the Labor Division. In the event the liability insurance is canceled, suspended, or nonrenewed, the insurer shall give immediate notice to the Labor Division. This section may not be construed to expand any of the rights granted the employees of the owners, operators, or lessees under the workers' compensation laws of this State. Effect of Amendment The 1986 amendment substituted "five hundred thousand dollars for each occurrence" for "one million dollars per occurrence". The 1993 amendment substituted "Labor Division of the Department of Labor, Licensing, Regulation" and "Labor Division" for "commissioner", and "Director of the Department of Insurance" for "Chief Insurance Commissioner". The 1998 amendment made a nonsubstantive change.