S.C. Code Ann. § 41-7-90 — SC Code / Title 41 / Chapter 7 / Section 41-7-90
SECTION 41-7-90. Remedy for violation of rights; relief which court may grant.
Status: in_force

(A) A person whose rights are adversely affected by contract, agreement, assemblage, or other act or thing done or threatened to be done and declared to be unlawful or prohibited by this chapter may apply to a court having general equity jurisdiction for appropriate relief. The court may grant and issue a restraining and other appropriate orders including an injunction restraining and enjoining the performance, continuance, maintenance, or commission of any such contract, agreement, assemblage, act or thing, and may determine and award, as justice may require, actual damages, costs, and attorneys' fees sustained or incurred by a party to the action, and, in the discretion of the court or jury, treble damages and punitive damages in addition to the actual damages. The provisions of this section are cumulative and are in addition to all other remedies provided by law. (B) Contemporaneously with the filing of an action in court, a person applying for relief pursuant to this section must file, with the director or his designee, a copy of the court pleadings, or an affidavit with the director stating the legal and factual basis for each claim and application for relief based on the available evidence at the time of the filing of the affidavit. (C) The contemporaneous filing requirement of subsection (B) does not apply to a case in which the period of limitation may expire, or there is a good faith basis to believe it may expire on a claim stated in the complaint within ten days of the date of filing and, because of the time constraints, the plaintiff asserts that an affidavit could not be prepared, or a copy of the pleadings could not be provided. In such a case, the plaintiff has forty-five days after the filing of the court action to file a copy of the pleadings or an affidavit with the director. Editor's Note 2012 Act No. 197, SECTION 8, provides as follows: "This act takes effect upon approval by the Governor, and the provisions of Section 41-7-90, as amended, shall apply to any actions filed with a court after the effective date." Effect of Amendment The 2012 amendment rewrote the section.
S.C. Code Ann. § 41-33-90 — SC Code / Title 41 / Chapter 33 / Article 1 / Section 41-33-90
SECTION 41-33-90. Requisitions by department on State Treasurer.
Status: in_force

The department shall from time to time issue its requisition for a lump sum amount for the payment of benefits or refunds upon the Comptroller General who shall draw his warrant on the State Treasurer in the form provided by law. The Treasurer shall pay this amount to the department by a check drawn on the benefit account, notwithstanding any provisions of law in this State relating to deposit, administration, release and disbursement of money in the possession or custody of this State to the contrary. The department in requisitioning lump sum withdrawals from the State Treasurer for the payment of individual benefit claims shall not exceed in any event the balance of funds in the benefit account, and the requisition must be in an amount estimated to be necessary for benefit payments for a period that the department may prescribe by regulation. Effect of Amendment The 2010 amendment substituted "department" for four occurrences of "Commission"; and made other nonsubstantive changes.
S.C. Code Ann. § 41-27-570 — SC Code / Title 41 / Chapter 27 / Article 5 / Section 41-27-570
SECTION 41-27-570. Defense of suits involving duties of department.
Status: in_force

In case of a suit to enjoin the collection of the contributions provided for in Chapters 27 through 41 of this title, to test the validity of those chapters or for another purpose connected with its duties, the department must be made a party to it and the Attorney General or counsel for the department shall defend the suit in accordance with the provisions of Section 41-27-580. Effect of Amendment The 2010 amendment substituted "department" for two occurrences of "commission"; and made other nonsubstantive changes.
S.C. Code Ann. § 41-8-20 — SC Code / Title 41 / Chapter 8 / Section 41-8-20
SECTION 41-8-20. South Carolina employment licenses; federal work authorization program; requirements for verification of new employees; assistance to employers; contractors and subcontractors.
Status: in_force

(A) All private employers in South Carolina shall be imputed a South Carolina employment license, which permits a private employer to employ a person in this State. A private employer may not employ a person unless the private employer's South Carolina employment license and any other applicable licenses as defined in Section 41-8-10 are in effect and are not suspended or revoked. A private employer's employment license shall remain in effect provided the private employer complies with the provisions of this chapter. (B) All private employers who are required by federal law to complete and maintain federal employment eligibility verification forms or documents must register and participate in the E-Verify federal work authorization program, or its successor, to verify the work authorization of every new employee within three business days after employing a new employee. A private employer who does not comply with the requirements of this subsection violates the private employer's licenses. (C) The South Carolina Department of Employment and Workforce shall provide private employers with technical advice and electronic access to the E-Verify federal work authorization program's website for the sole purpose of registering and participating in the program. (D) Private employers shall employ provisionally a new employee until the new employee's work authorization has been verified pursuant to this section. A private employer shall submit a new employee's name and information for verification even if the new employee's employment is terminated less than three business days after becoming employed. If a new employee's work authorization is not verified by the federal work authorization program, a private employer must not employ, continue to employ, or reemploy the new employee. (E) To assist private employers in understanding the requirements of this chapter, the director shall send written notice of the requirements of this section to all South Carolina employers, and shall publish the information contained in the notice on its website. Nothing in this section shall create a legal requirement that any private employer receive actual notice of the requirements of this chapter through written notice from the director, nor create any legal defense for failure to receive notice. (F) If a private employer is a contractor, the private employer shall maintain the contact phone numbers of all subcontractors and sub-subcontractors performing services for the private employer. The private employer shall provide the contact phone numbers or a contact phone number, as applicable, to the director pursuant to an audit or investigation within seventy-two hours of the director's request. Effect of Amendment The 2011 amendment rewrote the section.
S.C. Code Ann. § 41-18-120 — SC Code / Title 41 / Chapter 18 / Article 1 / Section 41-18-120
SECTION 41-18-120. Promulgation of regulations; fees.
Status: in_force

The director may promulgate regulations consistent with this chapter guarding against personal injuries in the assembly, disassembly, and use of amusement devices at carnivals, fairs, and amusement parks to persons employed at or to persons attending the carnivals, fairs, and amusement parks and regarding enforcement of any other provision of this chapter. The director shall promulgate regulations to charge and collect reasonable fees for permits and for inspections and any other activity under this chapter as considered necessary by the director for the proper enforcement of this chapter. Fees may be set by regulation not more than once each year. Effect of Amendment The 1986 amendment substituted "reasonable fees" for "fees", in the second sentence, and deleted provisions requiring fees to be based upon the costs of administering the chapter and limiting initial fees to fifty dollars per amusement device. The 1998 amendment substituted "director" for "commissioner" throughout the section, and made nonsubstantive changes.
S.C. Code Ann. § 41-33-130 — SC Code / Title 41 / Chapter 33 / Article 1 / Section 41-33-130
SECTION 41-33-130. Appropriation or formal release not required for expenditures from benefit account or refunds from clearing account.
Status: in_force

An expenditure of money in the benefit account and a refund from the clearing account must not be subject to a provision of law requiring a specific appropriation or other formal release by state officers of money in their custody. A warrant issued for the payment of a benefit and a refund must bear the signature of the department or a duly authorized agent for that purpose. Effect of Amendment The 2010 amendment substituted "department" for "Commission"; and made other nonsubstantive changes.
S.C. Code Ann. § 41-27-580 — SC Code / Title 41 / Chapter 27 / Article 5 / Section 41-27-580
SECTION 41-27-580. Representation of department in civil actions.
Status: in_force

In a civil action to enforce the provisions of Chapters 27 through 41 of this title, the department and the State may be represented by a qualified attorney employed by the department and is designated by it for this purpose or, at the department's request, by the Attorney General. Effect of Amendment The 2010 amendment substituted "department" for three occurrences of "commission"; and made other nonsubstantive changes.
S.C. Code Ann. § 41-30-120 — SC Code / Title 41 / Chapter 30 / Article 1 / Section 41-30-120
SECTION 41-30-120. Definitions.
Status: in_force

As used in this chapter, unless the context clearly indicates otherwise: (1) "Department" means the Department of Employment and Workforce; (2) "Director" means the Director of the Office of Statewide Workforce Development; (3) "Executive director" means the Executive Director of the Department of Employment and Workforce; (4) "Executive committee" means the executive committee of the Coordinating Council for Workforce Development; (5) "Unified State Plan" or "USP" means the comprehensive statewide education and workforce development plan that provides a systemwide approach to streamline and unify efforts of entities involved in education and workforce development in the State; (6) "Office of Statewide Workforce Development" or "OSWD" means the Office of Statewide Workforce Development created in this chapter; and (7) "Coordinating Council for Workforce Development" or "CCWD" means the Coordinating Council for Workforce Development administered by the department. 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. § 41-35-130 — SC Code / Title 41 / Chapter 35 / Article 1 / Section 41-35-130
SECTION 41-35-130. Payments which must not be charged to former employer.
Status: in_force

(A) A benefit paid to a claimant for unemployment immediately after the expiration of disqualification for: (1) voluntarily leaving his most recent work without good cause; (2) discharge from his most recent work for misconduct; or (3) refusal of suitable work without good cause must not be charged to the account of an employer. (B) A benefit paid to a claimant must not be charged against the account of an employer by reason of the provisions of this subsection if the department determines under Section 41-35-120 that the individual: (1) voluntarily left his most recent employment with that employer without good cause; (2) was discharged from his most recent employment with that employer for misconduct connected with his work; or (3) subsequent to his most recent employment refused without good cause to accept an offer of suitable work made by that employer if the employer furnishes the department with those notices regarding the separation of the individual from work or the refusal of the individual to accept an offer of work as is required by the law and regulations of the department. (C) If a benefit is paid pursuant to a decision that is finally reversed in subsequent proceedings with respect to it, an employer's account must not be charged with a benefit paid. (D) A benefit paid to a claimant for a week in which he is in training with the approval of the department must not be charged to an employer. (E) Benefits paid as a result of a natural disaster declared by the President of the United States. (F) Benefits paid as a result of declaration of emergency declared by the Governor must not be charged to an employer. (G) The provisions of subsections (A) through (E), all inclusive, with respect to the noncharging of benefits paid must be applicable only to an employer subject to the payment of contributions. (H) A benefit paid to a claimant during an extended benefit period, as defined in Article 3, Chapter 35, must not be charged to an employer; except that a nonprofit organization electing to become liable for payments in lieu of contributions in accordance with Section 41-31-620 must reimburse fifty percent of extended benefits attributable to services performed in its employ and that after January 1, 1979, the State or a political subdivision or instrumentality of it as defined in Section 41-27-230(2)(b) electing to become liable for payment in lieu of contributions in accordance with Section 41-31-620 must reimburse all extended benefits attributable to services performed in its employ. (I) A nonprofit organization that elects to make a payment in lieu of a contribution to the unemployment compensation fund as provided in Section 41-31-620(2) or Section 41-31-810 is not liable to make those payments with respect to the benefits paid to an individual whose base period wages include wages for previously uncovered services as defined in Section 41-35-65 to the extent that the unemployment compensation fund is reimbursed for those benefits pursuant to Section 121 of P.L. 94-566. (J) A benefit paid to an individual whose base period wages include wages for previously uncovered services as defined in Section 41-35-65 must not be charged against the account of an employer to the extent that the unemployment compensation fund is reimbursed for those benefits pursuant to Section 121 of P.L. 94-566. (K) A benefit paid to an individual pursuant to Section 41-35-125 must not be charged to the account of a contributing employer. (L) A benefit paid to an individual pursuant to Section 41-35-126 must not be charged to the account of a contributing employer. (M)(1) For the purposes of this subsection, "most recent bona fide employer" means the work or employer from which an individual was discharged regardless of work subsequent to his discharge in which he earned less than eight times his weekly benefit amount. (2) A benefit paid to a claimant must not be charged against the account of an employer if the department determines that the claimant's most recent bona fide employer discharged him for misconduct connected with his employment. This provision is applicable only to an employer subject to the payment of contributions. Effect of Amendment The 2005 amendment added subsection (i). The 2007 amendment added subsection (j). The 2010 amendment redesignated subsections (a) through (j) as (A) through (J), respectively; substituted "department" for four occurrences of "Commission"; and made other nonsubstantive changes throughout the section. The 2011 amendment inserted subsections (E) and (F) relating to benefits paid as a result of a natural disaster and a declaration of emergency, redesignated former subsections (E) through (J) as subsections (G) through (L), in subsection (G) substituted "(E)" for "(D)", and in subsection (H) substituted "nonprofit" for "non-profit". The 2012 amendment added subsection (M).
S.C. Code Ann. § 41-25-50 — SC Code / Title 41 / Chapter 25 / Section 41-25-50
SECTION 41-25-50. Prohibited activities or conduct of personnel agencies.
Status: in_force

Any person who acts as a private personnel placement service in the State, or his employees may not: (a) Knowingly induce or attempt to induce any employee it has placed to leave that employment unless it is requested to do so by the employee and he has first contacted the private personnel placement service. (b) Knowingly publish or cause to be published any false, fraudulent, or misleading information, representation, promise, notice, or advertisement. (c) Knowingly refer any employee or applicant for employment to a place where a strike or lockout exists without furnishing the employee or applicant with a written statement as to the existence of the strike or lockout, if the agency had knowledge of the facts. (d) Knowingly send or cause to be sent any applicant to any place the private personnel placement service knows or reasonably should have known is maintained for immoral or illicit purposes. (e) Impose a fee for the registration of an applicant. (f) Impose a fee to an applicant for placement services or job referral or employment consulting services except when the services rendered result in that applicant accepting employment and establishes a confirmed starting date. (g) Engage or attempt to engage in splitting or sharing, with an employer, an agent or other employee of an employer, or other person to whom private personnel placement service has been furnished, a payment received by a private personnel placement service from a person seeking employment or from an employer. (h) Procure or attempt to procure the discharge of a person from his current employment. (i) Advertise in any media, including a newspaper, trade publication, billboard, radio, television, card, printed notice, circular, contract, letterhead, or any other material made for public distribution, except an envelope, without stating the firm name and if the firm name does not include words identifying it as providing private personnel placement service then additional words must be used such as Personnel Agency, Personnel Consultant, Fee Paid, or other wording that establishes the identity as a Private Personnel Placement Service in the advertisement. (j) Deleted. (k) Use or cause to be used any fictitious name as a contact person for an applicant or employer or a name which is not the correct name of the private personnel placement service itself or the individual employee within the service who is handling the job order. Effect of Amendment The 1992 amendment deleted item (j), which read "Conduct placement services from any location other than the location stated on the license."
S.C. Code Ann. § 41-31-380 — SC Code / Title 41 / Chapter 31 / Article 3 / Section 41-31-380
SECTION 41-31-380. Lien for contributions, interest, penalties, and costs.
Status: in_force

The contributions, interest, penalties, departmental administrative contingency assessments, and costs prescribed in this chapter are considered taxes owing the State by the persons against whom they are charged, and are a lien upon the real property or chattels of the person by whom the contributions are due, only after the warrant described in Section 41-31-390 is indexed as prescribed in Section 41-31-400. Effect of Amendment The 1986 amendment added "employment security administrative contingency assessments," and made grammatical changes. The 2010 amendment substituted "departmental" for "employment security".
S.C. Code Ann. § 41-33-110 — SC Code / Title 41 / Chapter 33 / Article 1 / Section 41-33-110
SECTION 41-33-110. Representatives of department shall sign checks; bonds of representatives.
Status: in_force

The department shall delegate to designated representatives the authority to sign checks on the benefit payment account and the signature of one of the designated representatives must be required on each check. The department shall require the representative to give a bond in an amount the department determines for his faithful performance of his duties in connection with the benefit payment account in a form prescribed by law or approved by the Attorney General. Premiums for these bonds must be paid from the unemployment compensation administration fund. A duly authorized representative of the department may draw and issue its checks on the benefit payment account for the payment of individual benefit claims. Effect of Amendment The 2010 amendment substituted "department" for four occurrences of "Commission"; and made other nonsubstantive changes.
S.C. Code Ann. § 41-42-40 — SC Code / Title 41 / Chapter 42 / Section 41-42-40
SECTION 41-42-40. Division authorized to enter into agreements; may accept contributions to unemployment compensation administration fund.
Status: in_force

For the purpose of establishing and maintaining free public employment offices the division may enter into agreement with a political subdivision of this State or with a private nonprofit organization and as a part of such agreement the department may accept money, services, or quarters as a contribution to the unemployment compensation administration fund. Effect of Amendment The 2010 amendment substituted "department" for "Commission" following "such agreement the"; and made other nonsubstantive changes.
S.C. Code Ann. § 41-18-80 — SC Code / Title 41 / Chapter 18 / Article 1 / Section 41-18-80
SECTION 41-18-80. Inspection procedures.
Status: in_force

(A) In the case of a permanent device, the amusement device must be inspected by the director or special inspector. Thereafter, as a requirement for the issuance of each subsequent permit, the amusement device must be inspected at least annually by the director or by a special inspector. The inspection shall at minimum comply with the requirements of the director. An affidavit of the annual inspection must be filed with the director. (B) In the case of a temporary device, before first operation in the State each year, the amusement device must be inspected by the director or special inspector for the permit to be issued. Thereafter, the amusement device must be inspected at least annually by the director or a special inspector. The inspection must at minimum comply with the requirements of the director. An affidavit of the annual inspection must be filed with the director. (C) In the case of an amusement device which is substantially rebuilt or substantially modified so as to change the structure, mechanism, or capacity of the device, the owner or lessee shall give written notice to the director who shall cause the device to be inspected before the time in which it is put into operation and who shall cause any current permit to be updated so as to include any modifications made to the device. (D) In the event an operator is unable to secure an inspection within one year from the date of the previous inspection, the previous inspection is considered valid for purposes of this chapter for a period of thirty additional days, if the operator made an inspection request to any of those individuals qualified to make the inspection at least sixty days before the permit expiration date. (E) Upon proper presentation of credentials, the director or his inspectors may enter unannounced and inspect amusement devices at reasonable times and in a reasonable manner and have the right to question any owner, manager, or agent of the owner, to inspect, investigate, photograph, and sample all pertinent places, areas, and devices, and to examine and reproduce all pertinent documents and records for the purpose of enforcing the provisions of this chapter. No fee may be charged for these unannounced inspections. (F) No amusement device which fails to pass an inspection may be operated for public use until it has passed a subsequent inspection. (G) Each sponsor of a fair or carnival and the owner of the land or their designees, upon which the fair or carnival is located, shall make a visual inspection of each amusement device at least once each week during the period the fair or carnival is operating. The director shall provide a checklist for this inspection. If an unsafe amusement device or condition is discovered, it must be immediately reported to the director. (H) A special inspector shall have: (1) at least five years' experience in amusement device maintenance and safety, and completion of approved courses in materials inspection and testing and in fasteners, or a four-year college degree in engineering or architecture with a minimum of twelve semester hours of course work in the area of mechanics and strength of materials and (2) evidence of successful completion of an approved Rides Safety Inspection Course within the previous two calendar years. Effect of Amendment The 1986 amendment made grammatical changes; revised subsections 1 and 2 so as to allow inspections to be performed by the commissioner's designee or a special inspector, as well as by the commissioner, and so as to no longer require annual inspections by an approved "licensed architect, professional engineer, qualified inspector of an insurance underwriter, or other qualified inspector"; revised subsection 1 by deleting a provision requiring the initial inspection to be made "at the time of application for the initial permit"; revised subsection 5 by substituting "special inspector" for "licensed architect, professional engineer, qualified inspector of an insurance underwriter, or other qualified inspector, each of whom must be approved by the commissioner,"; substantially rewrote subsection 8; and added subsection 9. The 1993 amendment, in subsections (1), (2) and (5) deleted references to inspector's designee or agent; in subsection (2) substituted "before first operation in the state each year" for "upon first entry into the state"; deleted former subsection (3) pertaining to visual inspections of temporary devices, and renumbered the remaining subsections; and in subsection (4), formerly (5), deleted "by a special inspector" following "secure an inspection" and substituted "permit expiration date" for "inspection anniversary date". The 1998 amendment substituted "director" for "commissioner" throughout the section, and made nonsubstantive changes.
S.C. Code Ann. § 41-35-440 — SC Code / Title 41 / Chapter 35 / Article 3 / Section 41-35-440
SECTION 41-35-440. Total extended benefit amount.
Status: in_force

(1) The total extended benefit amount payable to any eligible individual with respect to his applicable benefit year is the least of the following amounts: (a) Fifty percent of the total amount of regular benefits which were payable to him under Chapters 27 through 41 of this title in his applicable benefit year. (b) Thirteen times his weekly benefit amount which was payable to him under Chapters 27 through 41 of this title for a week of total unemployment in the applicable benefit year. (2) Notwithstanding any other provision of Chapters 27 through 41 of this title, if the benefit year of any individual ends within an extended benefit period, the remaining balance of extended benefits that such individual would, but for this section, be entitled to receive in that extended benefit period, with respect to weeks of unemployment beginning after the end of the benefit year, must be reduced (but not below zero) by the product of the number of weeks for which the individual received any amounts as trade readjustment allowances within that benefit year, multiplied by the individual's weekly benefit amount for extended benefits.
S.C. Code Ann. § 41-27-510 — SC Code / Title 41 / Chapter 27 / Article 5 / Section 41-27-510
SECTION 41-27-510. Promulgation of regulations regarding unemployed individuals.
Status: in_force

The department must promulgate regulations applicable to unemployed individuals, making distinctions in the procedures regarding total unemployment, part-total unemployment, partial unemployment of the individuals attached to their regular jobs and other forms of short-time work as the department considers necessary. Effect of Amendment The 2010 amendment substituted "department" for two occurrences of "commission"; and made other nonsubstantive changes.
S.C. Code Ann. § 41-8-50 — SC Code / Title 41 / Chapter 8 / Section 41-8-50
SECTION 41-8-50. Violations; investigations; suspension and revocation of license.
Status: in_force

(A) Upon receipt of a written and signed complaint against a private employer, or upon an investigation initiated by the director for good cause, if the director finds reasonable grounds exist that a private employer violated the provisions of Section 41-8-20 or Section 41-8-30, the director shall institute an investigation of the alleged violation. The director shall verify the work authorization status of the alleged unauthorized alien with the federal government pursuant to 8 U.S.C. Section 1373(c). A state, county, or local official must not attempt to independently determine if an alien is authorized to work in the United States. (B) If, after completing the investigation, and after reviewing any information or evidence submitted by the private employer demonstrating compliance with the provisions of this chapter, the director determines that substantial evidence exists to support a finding that the private employer has committed a violation of Section 41-8-20 or Section 41-8-30, the director shall: (1) notify the United States Immigration and Customs Enforcement of suspected unauthorized aliens employed by the private employer; (2) notify state and local law enforcement agencies responsible for enforcing state immigration laws of the employment of suspected unauthorized aliens by the employer; and (3) take appropriate action in accordance with subsection (D) of this section. (C) The director must not bring an action against a private employer for any employee who has been employed for three business days or less at the time of the director's inspection or random audit. A second occurrence involving a violation of this section must be based only on an employee who is employed by the private employer after a first action has been brought for a violation of Section 41-8-20 or Section 41-8-30. (D) Upon a finding of an occurrence involving a violation after an investigation pursuant to subsection (A), or after a random audit pursuant to Section 41-8-120(B), where the director considered all information or evidence gathered by the director and any information or evidence submitted by the private employer demonstrating compliance with the provisions of this chapter: (1)(a) prior to July 1, 2012, for a first occurrence involving a violation of Section 41-8-20, the private employer shall, upon notification by the director of a violation of Section 41-8-20, swear or affirm in writing that the private employer has complied with the provisions of 8 U.S.C. Section 1324a from the effective date of this section to the time the private employer received notification from the director, and shall comply with the provisions of Section 41-8-20 within three business days. Failure to swear or affirm compliance in writing or failure to comply with Section 41-8-20 within three business days requires that the private employer be placed on probation for a period of one year, during which time the private employer shall submit quarterly reports to the director demonstrating compliance with the provisions of Section 41-8-20. The director shall provide appropriate assistance to the private employer to aid the private employer in complying with Section 41-8-20 within the three business day period. The director may extend the three business day period, as necessary, if the director determines that more time is required for compliance. Any subsequent occurrence involving a violation of Section 41-8-20 by the private employer must result in the suspension of the private employer's licenses for at least ten days, but not more than thirty days, by the director, except, if a private employer has not committed a violation of Section 41-8-20 within the previous three years, a subsequent occurrence must be treated as a first occurrence. If a private employer has ever committed a violation of Section 41-8-30, the private employer's licenses must be suspended for at least ten days but not more than thirty days for any violation or subsequent occurrence involving a violation of Section 41-8-20. The director shall verify the work authorization status of the employees with the federal government pursuant to 8 U.S.C. Section 1373(c) and notify the private employer of the results. The private employer shall immediately terminate an employee whose work authorization was not verified upon being notified by the director. The director shall notify federal, state, and local law enforcement officials of any suspected unauthorized aliens employed by the private employer; (b) on or after July 1, 2012, for a first occurrence involving a violation of Section 41-8-20, the private employer shall, upon notification by the director of a violation of Section 41-8-20, immediately comply with the provisions of Section 41-8-20, and the private employer must be placed on probation for a period of one year, during which time the private employer shall submit quarterly reports to the director demonstrating compliance with the provisions of Section 41-8-20. Any subsequent occurrence involving a violation of Section 41-8-20 by the private employer must result in the suspension of the private employer's licenses for at least ten days but not more than thirty days by the director, except, if a private employer has not committed a violation of Section 41-8-20 within the previous three years, a subsequent occurrence must be treated as a first occurrence. If a private employer has ever committed a violation of Section 41-8-30, the private employer's licenses must be suspended for at least ten days but not more than thirty days for any violation or subsequent occurrence involving a violation of Section 41-8-20. The director shall verify the work authorization status of the employees with the federal government pursuant to 8 U.S.C. Section 1373(c) and notify the private employer of the results. The private employer shall immediately terminate an employee whose work authorization was not verified upon being notified by the director. The director shall notify federal, state, and local law enforcement officials of any suspected unauthorized aliens employed by the private employer; (2) for a first occurrence involving a violation of Section 41-8-30, the private employer's licenses must be suspended, and must remain suspended for at least ten days but not more than thirty days. During the period of suspension, the private employer may not engage in business, open to the public, employ an employee, or otherwise operate. After the period of suspension, the private employer's licenses must be reinstated, permitting the private employer to engage in business and to employ an employee, if the private employer: (a) demonstrates that the private employer has terminated the unauthorized alien; and (b) pays a reinstatement fee equal to the cost of investigating and enforcing the matter, provided that the reinstatement fee must not exceed one thousand dollars; (3) for a second occurrence involving a violation of Section 41-8-30, the private employer's licenses must be suspended, and must remain suspended for at least thirty days but not more than sixty days. During the period of suspension, the private employer may not engage in business, open to the public, employ an employee, or otherwise operate. After the period of suspension, the private employer's licenses must be reinstated, permitting the private employer to engage in business, open to the public, employ an employee, and otherwise operate, if the private employer: (a) demonstrates that the private employer has terminated the unauthorized alien; and (b) pays a reinstatement fee equal to the cost of investigating and enforcing the matter, provided that the reinstatement fee must not exceed one thousand dollars; (4) for a third or subsequent occurrence involving a violation of Section 41-8-30, the private employer's licenses must be revoked, and the private employer may not engage in business, open to the public, employ an employee, or otherwise operate. For a third occurrence only, after ninety days, a private employer may petition the director for a provisional license. A provisional license permits a private employer to engage in business, open to the public, employ an employee, and otherwise operate. The director may grant the private employer permission to apply for a provisional license if the private employer: (a) agrees to be on probation for a period of three years, during which time the private employer shall submit quarterly reports to the director demonstrating compliance with the provisions of Sections 41-8-20 and 41-8-30; (b) demonstrates that the private employer has terminated the unauthorized alien; and (c) pays a reinstatement fee equal to the cost of investigating and enforcing the matter, provided that the reinstatement fee must not exceed one thousand dollars. For all other occurrences where a private employer's licenses are revoked, the private employer may not seek reinstatement of the private employer's licenses for a period of five years. After five years, the director may grant reinstatement of a private employer's licenses if the private employer: (a) agrees to be on probation for a period of three years, during which time the private employer shall submit quarterly reports to the director demonstrating compliance with the provisions of Sections 41-8-20 and 41-8-30; (b) demonstrates that the private employer has terminated the unauthorized alien; and (c) pays a reinstatement fee equal to the cost of investigating and adjudicating the matter, provided that the reinstatement fee must not exceed one thousand dollars. (5) If a private employer engages in business or employs a new employee during the period that the private employer's licenses are suspended, the private employer's licenses must be revoked, and must not be reinstated for a period of five years, and only upon a determination by the director that the private employer has complied with the provisions of item (4) of this subsection. (E) For purposes of this chapter, it shall be a separate violation each time the private employer fails to verify the immigration status of a new employee as required by Section 41-8-20. (F) In taking any disciplinary action for a violation of Section 41-8-20 or Section 41-8-30, the director shall base the director's determination on any evidence or information collected during the investigation or submitted for consideration by the employer, and shall consider the following factors, if relevant: (1) the number of employees for whom the private employer has failed to verify their immigration status; (2) the prior violations of this chapter by the private employer; (3) the size of the private employer's workforce; (4) any actions taken by the private employer to comply with federal immigration laws or with the provisions of this chapter; (5) any actions taken by the private employer subsequent to the inspection or random audit to comply with the provisions of this chapter; (6) the duration of the violation; (7) the degree of the violation; and (8) the good faith of the private employer. (G) Reinstatement fees assessed in accordance with this section must be used to cover the administrative costs of implementing, investigating, and enforcing the provisions of this chapter. (H) The director shall maintain a list of all private employers who have had their licenses disciplined pursuant to this chapter and shall publish the list on the agency's website. The director shall remove a private employer from the list who has committed only a first occurrence pursuant to Section 41-8-20 six months after the private employer's name has been published, if the private employer has not subsequently had their licenses disciplined pursuant to this chapter within the one year probation period. (I) If a private employer continues to engage in business after the private employer's licenses have been revoked pursuant to this chapter, the director must seek an injunction from the Administrative Law Court to enjoin the private employer from continuing to operate the private employer's business for which the private employer's licenses were revoked or from employing new employees. (J) The director shall notify the applicable licensing agency or political subdivision if the director determines that a private employer's license must be suspended or revoked pursuant to this section. The applicable agency or political subdivision immediately shall suspend or revoke the private employer's license. (K) A license suspension or revocation pursuant to this section: (1) does not constitute a dissolution, liquidation, or a winding down process; or a transfer, or other taxable event for tax purposes, including, but not limited to, taxes imposed or authorized by Title 12; and (2) does not affect protections against personal liability provided in Title 33. Effect of Amendment The 2011 amendment rewrote the section.
S.C. Code Ann. § 41-16-20 — SC Code / Title 41 / Chapter 16 / Section 41-16-20
SECTION 41-16-20. Definitions.
Status: in_force

As used in this chapter, except as otherwise expressly provided: (1) "Facility" means any elevator, dumbwaiter, escalator, moving walk, handicap lift, or manlift subject to regulation under the provisions of this chapter and includes hoistways, rails, guides, and all other related mechanical and electrical equipment. (2) "Alteration" means any change made to an existing facility, other than the repair or replacement of damaged, worn, or broken parts necessary for normal maintenance. (3) "Department" means the South Carolina Division of Labor. (4) "Director" means the Director of the Department of Labor, Licensing and Regulation or his designee or representative. (5) "Elevator" means a hoisting and lowering mechanism equipped with a car or platform which moves in guides in a substantially vertical direction and which serves two or more floors of a building or structure. The term elevator does not include a dumbwaiter, endless belt, conveyor, chain or bucket hoist, construction hoist, or other device used for the primary purpose of elevating or lowering building or other materials and not used as a means of conveyance for individuals, nor does it include tiering, piling, feeding, or other machines or devices giving service within only one story. (6) "Dumbwaiter" means a hoisting and lowering mechanism equipped with a car which moves in guides in a substantially vertical direction, when the floor area does not exceed nine square feet and which is used exclusively for carrying materials. (7) "Escalator" means a power-driven, inclined, continuous stairway used for raising or lowering passengers. (8) "Moving walk" means a type of passenger-carrying device on which passengers stand or walk, and in which the passenger-carrying surface remains parallel to its direction in motion and is uninterrupted. (9) "Manlift" means a device consisting of a power-driven endless belt, provided with steps or platforms and handholds attached to it for the transportation of persons from floor to floor. (10) "Passenger elevator" means an elevator used to carry persons other than the operator and person necessary for loading and unloading. (11) "Freight elevator" means an elevator used for carrying freight and on which only the operator and persons necessary for unloading and loading the freight are permitted to ride. (12) "Dormant facility" means any elevator or dumbwaiter whose cables have been removed and whose car and counterweight rest at the bottom of the shaftway with all doors bolted shut to prevent entry. Hydraulic elevators and handicap lifts may be made dormant by resting the car at the bottom and bolting doors to prevent entry. Escalators, moving walks, or manlifts may be made dormant by barricading the entrances and disconnecting all power feed lines. (13) "New installation" means a facility, the construction or relocation of which is begun, or for which an application for a new installation permit is filed, on or after the effective date of regulations relating to those permits adopted by the Director under authority of this chapter. All other installations are existing installations. (14) "Inspector" means an inspector employed by the department for the purpose of administering this chapter. (15) "Special inspector" means an inspector licensed by the Director and not employed by the department. (16) "Provisions of this chapter" include regulations promulgated by the Director pursuant to this chapter. (17) "Temporarily decommissioned facility" means a facility that is not in service at the present time but which is expected to be returned to service within three years and whose fuses are removed and power feed lines disconnected. (18) "Handicap lift" means a lift whose sole purpose is the transportation of handicapped or disabled individuals. Code Commissioner's Note At the direction of the Code Commissioner, in (4), "'Director' means the Director of the Department of Labor, Licensing and Regulation" was substituted for "'Commissioner' means the Commissioner of the South Carolina Division of Labor". Effect of Amendment The first 1993 amendment in paragraph (1), added "handicap lift,", in paragraph (6), deleted ", the total compartment height does not exceed four feet, the capacity does not exceed five hundred pounds,", which followed "nine square feet", rewrote paragraph (12), and added paragraphs (17) and (18). The second 1993 amendment substituted "Division of Labor" for "Department of Labor".
S.C. Code Ann. § 41-44-40 — SC Code / Title 41 / Chapter 44 / Section 41-44-40
SECTION 41-44-40. Credit carryover.
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.] If the amount of the credit determined under Section 41-44-30(2) exceeds the credit allowed under Section 41-44-30 for that taxable year, then the taxpayer may carry the excess over to the immediately succeeding taxable years. However, the credit carryover may not be used for any taxable year that begins on or after ten years from the date of the qualified investment. The amount of the credit carryover from a taxable year must be reduced to the extent that the carryover is used by the taxpayer to obtain a credit under this chapter for any subsequent taxable year.
S.C. Code Ann. § 41-17-40 — SC Code / Title 41 / Chapter 17 / Section 41-17-40
SECTION 41-17-40. Summoning and examining witnesses.
Status: in_force

The Director of the Department of Labor, Licensing and Regulation or his designee or his agents may summon and examine in public or in executive session any person concerned in any such strike or lockout or industrial dispute or any other person within the State and may compel them to testify. 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. § 41-16-60 — SC Code / Title 41 / Chapter 16 / Section 41-16-60
SECTION 41-16-60. Registration of facilities.
Status: in_force

Within three months after the date of promulgation of regulations under this chapter relating to registration of facilities, the owner of every existing facility, whether or not dormant, shall register each facility with the Director, giving type, contract load and speed, name of manufacturer, its location, and the purpose for which it is used and any other information the Director may require. Registration must be made on a form to be furnished by the department upon request. Facilities, the construction of which are commenced subsequent to the date of promulgation of those regulations, must be registered in the manner prescribed by the Director.
S.C. Code Ann. § 41-35-370 — SC Code / Title 41 / Chapter 35 / Article 3 / Section 41-35-370
SECTION 41-35-370. "Extended benefits" defined.
Status: in_force

"Extended benefits" means benefits (including benefits payable to Federal civilian employees and to ex-servicemen pursuant to 5 U.S.C. Chapter 85) payable to an individual under the provisions of this section for weeks of unemployment in his eligibility period.
S.C. Code Ann. § 41-3-40 — SC Code / Title 41 / Chapter 3 / Article 1 / Section 41-3-40
SECTION 41-3-40. Promulgation of regulations by director.
Status: in_force

The Director of the Department of Labor, Licensing and Regulation, or his designee, shall promulgate regulations with reference to this title as shall be necessary properly to carry out the duties imposed upon the department. Effect of Amendment The first 1993 amendment rewrote this section which formerly provided "The Commissioner shall make such rules and regulations with reference to the work of the Department and of the several divisions thereof as shall be necessary properly to carry out the duties imposed upon the Commissioner and the work of the Department." The second 1993 amendment substituted "Subdivision of the Division of Labor" for "Division of Labor. The 2010 amendment rewrote this section.
S.C. Code Ann. § 41-43-280 — SC Code / Title 41 / Chapter 43 / Section 41-43-280
SECTION 41-43-280. Chapter not to affect other provisions as to authority; when authority considered "agency," "state agency", or other form of state institution.
Status: in_force

Neither this chapter nor anything contained in this chapter is construed as a restriction or limitation upon any powers which the authority might otherwise have under any laws of this State, but is construed as cumulative. Notwithstanding any provision of law or regulation to the contrary, the authority shall continue to be an "agency" for purposes of Chapter 78 of Title 15, but the authority is not considered an "agency" or "state agency" or any other form of state institution for purposes of Sections 2-7-65 and 2-57-60. Effect of Amendment The 1992 amendment, in the first sentence substituted "contained in this chapter" for "herein contained"; and added the second paragraph.
S.C. Code Ann. § 41-35-20 — SC Code / Title 41 / Chapter 35 / Article 1 / Section 41-35-20
SECTION 41-35-20. Payment of benefits based on certain services in schools or institutions of higher education.
Status: in_force

(1) Benefits based on service in an instructional, research, or principal administrative capacity in an institution of higher education as defined in Section 41-27-290 or educational institution as defined in Section 41-27-340 must not be paid to an individual for any week of unemployment which begins during the period between two successive academic years, or during a similar period between two regular terms, whether or not successive, or during a period of paid sabbatical leave provided for in the individual's contract, if the individual has a contract or a reasonable assurance that the individual will perform services in this capacity for both these academic years or both these terms. (2) With respect to services performed after December 31, 1977, in any other capacity for an educational institution or institution of higher education, irrespective of whether the institution is a public, private, or nonprofit organization, benefits are not payable on the basis of these services to any individual for any week which commences during a period between two successive academic years or terms if the individual performs these services in the first of those academic years or terms and there is a reasonable assurance that the individual will perform these services in the second of those academic years or terms. However, if compensation is denied to any individual under this subsection and the individual was not offered an opportunity to perform these services for the educational institution or institution of higher education for the second of these academic years or terms, the individual is entitled to a retroactive payment of compensation for each week for which the individual filed a timely claim for compensation and for which compensation was denied solely by reason of this subsection. (3) With respect to any services described in subsections (1) and (2), benefits are not payable on the basis of services in any such capacities to any individual for any week which commences during an established and customary vacation period or holiday recess if the individual performs these services in the period immediately before the vacation period or holiday recess, and there is a reasonable assurance that the individual will perform these services in the period immediately following the vacation period or holiday recess. (4) With respect to any services described in subsections (1), (2), and (3) of this section, benefits are not payable on the basis of services in any such capacities to any individual who performed these services in an educational institution or institution of higher education while in the employ of an educational service agency. For purposes of this section, "educational service agency" means a governmental agency or governmental entity which is established and operated exclusively for the purpose of providing these services to one or more educational institutions. (5) With respect to any services described in subsections (1), (2), and (3), benefits are not payable on the basis of services in any such capacities to any individual who performed these services for a private employer holding a contractual relationship with the educational institution and is providing the services to or on behalf of an educational institution or an institution of higher education, provided that the private employer notifies the Department of Employment and Workforce of the separation of an individual subject to this subsection. (6) In this section "reasonable assurance" means a written, verbal, or implied agreement that the employee will perform services in the same capacity during the ensuing academic year or term. Effect of Amendment The 1986 amendment substituted "subsections (1), (2), and (4)" for "subsections (1) and (2)" in subsection (5). The 2012 amendment rewrote items (3) and (5); in item (4), inserted ", and (3)", and removed "as specified in subsections (1) and (2) of this section"; and, made other nonsubstantive changes.
S.C. Code Ann. § 41-10-60 — SC Code / Title 41 / Chapter 10 / Section 41-10-60
SECTION 41-10-60. Unconditional payment of wages conceded due.
Status: in_force

In case of a dispute over wages, the employer shall give written notice to the employee of the amount of wages which he concedes to be due and shall pay the amount without condition within the time set by this chapter. Acceptance by the employee of the payment does not constitute a release as to the balance of his claim.
S.C. Code Ann. § 41-35-340 — SC Code / Title 41 / Chapter 35 / Article 3 / Section 41-35-340
SECTION 41-35-340. "Rate of insured unemployment" defined.
Status: in_force

For purposes of Section 41-35-330 "rate of insured unemployment" means the percentage derived by dividing the: (1) average weekly number of individuals filing claims for regular state compensation in this State for weeks of unemployment with respect to the most recent thirteen consecutive week period, as determined by the department on the basis of its reports to the United States Secretary of Labor, by (2) average monthly employment covered under Chapters 27 through 41 of this title for the first four of the most recent six completed calendar quarters ending before the end of this thirteen-week period. Effect of Amendment The 2010 amendment substituted "department" for "commission" in subsection (1); and made other nonsubstantive changes throughout the section.
S.C. Code Ann. § 41-29-50 — SC Code / Title 41 / Chapter 29 / Section 41-29-50
SECTION 41-29-50. Appointment of advisory councils.
Status: in_force

The executive director may appoint local or industry advisory councils, composed in each case of equal numbers of employer representatives and employee representatives, who may fairly be regarded as representatives because of their vocation, employment or affiliations, and of members representing the general public as the executive director designates. Local councils shall aid the department in formulating a policy and discussing problems relating to the administration of Chapters 27 through 41 of this title, and in assuring impartiality and freedom from political influence in the solution of those problems. Members of local advisory councils must serve without compensation, must receive per diem, mileage, and subsistence as provided by law for members of boards, commissions, and committees. Effect of Amendment The 2010 amendment rewrote this section to authorize the executive director to appoint advisory councils; substituted "department" for "commission" following "councils shall aid the" in the second sentence; substituted "must receive per diem, mileage, and subsistence as provided by law for members of boards, commissions, and committees" for "shall be reimbursed for any necessary expenses"; and made other nonsubstantive changes throughout the section.
S.C. Code Ann. § 41-5-170 — SC Code / Title 41 / Chapter 5 / Section 41-5-170
SECTION 41-5-170. Annual report.
Status: in_force

The commission annually shall, before January first, issue a report to the Governor and members of the General Assembly which details progress toward the goals and objectives of the commission and progress toward the full implementation of this chapter. The report also shall identify barriers to achieving the outcomes and effective strategies and policies that can help realize the employment first initiative. All state agencies are encouraged to cooperate with the commission on the creation and dissemination of the annual report.
S.C. Code Ann. § 41-27-730 — SC Code / Title 41 / Chapter 27 / Article 7 / Section 41-27-730
SECTION 41-27-730. Expenses of committee and its members.
Status: in_force

(A) The committee members are entitled to mileage, subsistence, and per diem as authorized by law for members of boards, committees, and commissions while in the performance of the duties for which they are appointed. These expenses must be paid from the general fund of the State on warrants duly signed by the chairman of the committee and payable by the authorities from which they are appointed, except as provided in subsection (B) of this section. (B) The committee may request that it be reimbursed for expenses associated with its duties with funds from the employment security administration fund. The expenses of the committee must be advanced by a legislative body and the legislative body incurring this expense must be reimbursed by the State.
S.C. Code Ann. § 41-15-220 — SC Code / Title 41 / Chapter 15 / Article 3 / Section 41-15-220
SECTION 41-15-220. Notice and hearing; occupational safety and health standards not subject to Administrative Procedure Act; rebuttable presumptions created by publication of notice.
Status: in_force

(A) Before the promulgation, modification, or revocation of a regulation issued pursuant to this article, the Director shall conduct a public hearing at which all interested persons, including employer and employee representatives, must be provided an opportunity to appear and present their comments orally or written, or both. Notice of the hearing must be published in the State Register and in at least three newspapers, at least one of which has circulation in upper, lower, and middle South Carolina, once a week for three weeks. The notice must contain the date, time, and place of the hearing and a brief description of the proposed regulation. (B) Occupational safety and health standards promulgated pursuant to this article are not subject to the Administrative Procedures Act. After promulgation the department shall file a notice in the Legislative Council to be published in the State Register. This notice must refer to the federal occupational safety and health administration standards which have been repromulgated under this section and give specific notice of differences between the state and federal standard. Filing and publication of notice in the State Register give notice of the contents of the standard to a person subject to or affected by it. (C) Publication of the notice creates a rebuttable presumption that the: (1) standard to which it refers was promulgated under this section; (2) notice was filed and made available for public inspection at the day and hour stated in it; (3) copy on file in the Legislative Council is a true copy of the original. Effect of Amendment The 1992 amendment added subsections (B) and (C).
S.C. Code Ann. § 41-27-210 — SC Code / Title 41 / Chapter 27 / Article 3 / Section 41-27-210
SECTION 41-27-210. Employer.
Status: in_force

"Employer" means: (1) Any employing unit which during any calendar year prior to January 1, 1972, in each of twenty different weeks, whether or not such weeks were consecutive, had in employment four or more individuals, irrespective of whether the same individuals were employed in each such week. For the purpose of this section, active officers of a corporation shall be counted as in employment. (2) Any employing unit, which, after December 31, 1971: (a) In any calendar quarter in either the current or preceding calendar year paid for service in employment wages of fifteen hundred dollars or more; or (b) For some portion of a day in each of twenty different calendar weeks, whether or not such weeks were consecutive, in either the current or the preceding year, had in employment at least one individual (irrespective of whether the same individual was in employment in each such day); (3) Any individual or other legal entity which acquired substantially all of the business of another which at the time of such acquisition was an employer subject to Chapters 27 through 41 of this Title and continues such acquired business; provided, however, that if only a part of the business of another is acquired the employing unit acquiring such part shall not be deemed an employer unless such part, if conducted separately, would have been liable as an employer under such chapters. (4) Any individual or other legal entity which acquired substantially all of the business of another employing unit, if the employment record of such employing unit subsequent to such acquisition, together with the employment record of the acquired business prior to such acquisition, both within the same calendar year, will be sufficient to constitute such employing unit an employer subject to Chapters 27 through 41 of this Title under item (2) of this section; provided, however, that if only a part of the business of another is acquired by an individual or other legal entity the employment record of such part prior to acquisition shall be considered and not the whole employment record of the business from which such part was acquired as if such part was conducted. (5) Any employing unit for which: (a) Service in employment as defined in Section 41-27-230(2)(a) is performed after December 31, 1971; or (b) Service in employment as defined in Section 41-27-230(2)(b) is performed after December 31, 1977. (6) Any employing unit for which service in employment as defined in Section 41-27-230(3) is performed after December 31, 1971. (7) Any employing unit for which service in employment as defined in Section 41-27-230(5) is performed after December 31, 1977. (8) Any employing unit for which service in employment as defined in Section 41-27-230(6) is performed after December 31, 1977. (9) Any employing unit which has elected to become fully subject to Chapters 27 through 41 of this Title pursuant to Section 41-37-20. (10)(a) In determining whether or not an employing unit for which service other than domestic service is also performed is an employer under paragraphs (2), (5), (6), or (7) of this section, the wages paid or the employment of an employee performing domestic service after December 31, 1977, shall not be taken into account. (b) In determining whether or not an employing unit for which service other than agricultural labor is also performed is an employer under paragraphs (2), (5), (6), or (8) of this section, the wages paid or the employment of an employee performing service in agricultural labor after December 31, 1977, shall not be taken into account. If an employing unit is determined an employer of agricultural labor, such employing unit shall be determined an employer for purposes of paragraph (2) of this section. (11) For purposes of paragraphs (2), (6), (7), and (8), employment includes service that would constitute employment but for the fact that the service is considered to be performed entirely within another state pursuant to an election provided by an arrangement entered into in accordance with Section 41-27-550 by the department and an agency charged with the administration of another state or federal unemployment compensation law. (12) For purposes of paragraphs (2)(b), (4) and (7), if any calendar week includes both December thirty-first and January first, the days of that week up to January first shall be deemed one calendar week and the days beginning January first another such week. (13) Any Native American tribe or tribal unit for which service in employment as defined in Chapters 27 through 41 of this title is performed. (14) Any employing unit which is liable under the Federal Unemployment Tax Act, Section 3301 of the Internal Revenue Code of 1986, is a covered employer immediately upon having its first South Carolina employment, regardless of the number of employees working in South Carolina or the period for which they are employed. Effect of Amendment The 2002 amendment added paragraphs (13) and (14). The 2010 amendment in subsection (11) substituted "department" for "commission" following "Section 41-27-550 by the"; and made other nonsubstantive changes.
S.C. Code Ann. § 41-35-135 — SC Code / Title 41 / Chapter 35 / Article 1 / Section 41-35-135
SECTION 41-35-135. Charge of overpaid benefits to employer's account.
Status: in_force

(A) Notwithstanding any other provision of law, the department shall not relieve the charge benefits to an employer's account when it determines that the overpayment has been made to a claimant and it determines that both of the following conditions apply: (1) the overpayment occurred because the employer was at fault for failing to respond timely or adequately to a written request of the department for information relating to an unemployment compensation claim; and (2) the employer exhibits a pattern of failure to timely or adequately respond to requests from the department for information relating to unemployment compensation claims on three or more occasions, or three percent of requests made, within a single calendar year, whichever is greater, provided: (a) if an employer uses a third-party agent to respond on its behalf to the department's request for information relating to an unemployment compensation claim, the agent's actions on behalf of the employer will be considered when determining a pattern of behavior; (b) a response is considered untimely if it fails to meet the time as prescribed in the statute or in the regulations; (c) a response is considered inadequate if it fails to provide sufficient facts to enable the department to make an accurate determination of benefits that do not result in an overpayment. However, a response may not be considered inadequate if the department fails to request the necessary information. (B) In all cases where the department contacts, or attempts to contact, an employer via telephone concerning a claim for benefits, it must document the contact, or attempt to contact, the employer and provide the documentation to the employer upon request. The documentation must contain the name of the department's staff contacting, or attempting to contact, the employer, the date, time, and whether the department's staff spoke with the employer, and the name of the person with whom the department's staff spoke, if anyone. (C) A written request for information may be made by electronic mail provided, the employer has opted for notice by electronic mail pursuant to Section 41-35-615. (D) The department shall charge an employer's account that meets the conditions of subsection (A) for each week of unemployment compensation that is an overpayment until the department makes a determination that the individual is no longer eligible for unemployment compensation and stops making such payments. (E) If the claim is a combined wage claim, the determination of not charging for the combined wage claim shall be made by the paying state. If the response from the employer does not meet the criteria established by the paying state for an adequate or timely response, the paying state promptly must notify the transferring state of its determination and the employer must be appropriately charged. (F)(1) The department must waive the charging of benefits to an employer's account when the department finds the employer failed to timely or adequately respond due to good cause. (2) For the purposes of this section, "good cause" may include, but is not limited to, an error made by the department that results in the employer's error, or a natural disaster, emergency, or similar event, or an illness on the part of the employer, the employer's agent of record, or the employer's staff charged with responding to inquiries. The burden is on the employer to establish good cause. (G) Determinations of the department prohibiting the relief of charges pursuant to this section shall be subject to appeal pursuant to procedures contained in Chapter 35, Title 41. (H) The department shall charge benefits to an employer's account pursuant to this section for any overpayment determined by the department after October 21, 2013.
S.C. Code Ann. § 41-15-260 — SC Code / Title 41 / Chapter 15 / Article 3 / Section 41-15-260
SECTION 41-15-260. Interrogation; inspection; warrant for inspection; issuance; return; records of warrants issued.
Status: in_force

(A) The Director, his inspectors, compliance officers, agents or designees, upon proper presentation of credentials to the owner, manager or agent of the employer, shall enter at reasonable times and have the right to question either publicly or privately any such employer, owner, manager, agent or the employees of the employer and inspect, investigate, reproduce, photograph and sample all pertinent places, sites, areas, work injury records and such other records during regular working hours and at other reasonable times, and within reasonable limits, and in a reasonable manner when such comes under the jurisdiction of the Director to enforce the occupational safety and health provisions of this title. (B) If an inspector is denied admission for purposes of inspection, the Director may seek a warrant as follows: (1) Any circuit judge having jurisdiction where the inspection and investigation is to be conducted is empowered to issue administrative warrants upon proper showing of the need for such entry. Such inspection and investigation may include interviewing of employees, photographing, reproducing, sampling, and such other tests and acts as are necessary to carry out the purposes of the inspection and investigation. (2) A warrant shall be issued only upon an affidavit of an officer or employee of the Division of Labor duly designated and having knowledge of the facts alleged, sworn to before the circuit judge establishing the grounds for issuing the warrant and certifying that request for permission to conduct the inspection has been made to the employer concerned and was refused and that the Director of the Department of Labor, Licensing and Regulation or his designee has authorized the application for issuance of the warrant. If the circuit judge is satisfied that grounds for the application exist, he shall issue a warrant identifying the area, premises, building or conveyance to be inspected, the purpose of such inspection, and, where appropriate, the type of property to be inspected. The warrant shall be directed to a person authorized by the Director of the Department of Labor, Licensing and Regulation or his designee to execute it. The warrant shall state the grounds for issuance with the supporting affidavit being made a part thereof. It shall command the person to whom it is directed to inspect the area, premises, building, or conveyance identified for the purpose specified. The warrant shall direct that it be served at a reasonable time. It shall designate the circuit judge to whom it shall be returned. (3) A warrant issued pursuant to this section shall be served within ten days and returned within thirty days of its date of issue. The circuit judge who has issued a warrant under this section shall attach to the warrant a copy of the return and all papers filed in connection therewith and shall cause them to be filed with the court which issued such warrant. (4) Any circuit judge authorized to issue warrants pursuant to this section shall keep a record along with a copy of the return warrant and supporting affidavit and documents for a period of three years from date of issuance of each warrant. The record shall be on a form prescribed by the Director of the Department of Labor, Licensing and Regulation or his designee and reflect as to each warrant: (a) Date and exact time of issue; (b) Name of person to whom warrant issued; (c) Name of person whose establishment or site is to be inspected; (d) Reason for issuance of warrant; (e) Date and time of return. Effect of Amendment The 1993 amendment in subsection (B), paragraphs (2) and (4), 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. § 41-37-30 — SC Code / Title 41 / Chapter 37 / Section 41-37-30
SECTION 41-37-30. Termination of coverage.
Status: in_force

Except as otherwise provided in Section 41-37-20: (A) As of January 1, 1972, an employing unit must cease to be an employer subject to Chapters 27 through 41 of this title only if it files with the department by the thirtieth day of April of that year an application for termination of coverage and the department finds that there were no twenty different weeks within the preceding calendar year within which the employing unit had four or more individuals in employment subject to these chapters. (B) As of January 1, 1973, an employing unit shall cease to be an employer subject to Chapters 27 through 41 of this title only if it files with the department by the thirtieth day of April of a calendar year an application for termination of coverage and the department finds that there were no twenty different weeks within the preceding calendar year within which the employing unit had at least one individual in employment subject to these chapters and that there was no calendar quarter within the preceding calendar year in which the employing unit paid fifteen hundred dollars or more in wages for service in employment, except that no employing unit for which service is performed in employment as defined in Section 41-27-230(3) may cease to be an employer subject to Chapters 27 through 41 of this title unless it files with the department by the thirtieth day of April of any calendar year an application for termination of coverage and the department finds that there were not twenty different weeks within the preceding calendar year within each of which the employing unit had four or more persons in employment. (C) As of January 1, 1979, an employing unit, as defined in Section 41-27-230(5), must cease to be an employer subject to Chapters 27 through 41 of this title only if it files with the department by the thirtieth day of April of a calendar year an application for termination of coverage and the department finds that there were not twenty different weeks within the preceding calendar year within which the employing unit had at least ten individuals in employment subject to Chapters 27 through 41 of this title and that there was no calendar quarter within the preceding calendar year in which the employing unit paid twenty thousand dollars or more in wages for service in employment. (D) As of January 1, 1979, an employing unit, as defined in Section 41-27-230(6), must cease to be an employer subject to Chapters 27 through 41 of this title only if it files with the department by the thirtieth day of April of a calendar year an application for termination of coverage and the department finds that there was no calendar quarter within the preceding calendar year in which the employing unit paid one thousand dollars or more in wages for service in employment. (E) An employer who has rendered no employment and paid no wages in the State for a continuous period of one calendar year may submit an application for termination of coverage upon the resumption of employment in the State. However, when a successor employer acquired substantially all of the business of a predecessor employer and the experience rating reserve of the predecessor is transferred to the successor, the liability of the predecessor may be terminated at the end of the calendar year during which this succession occurred, provided that the predecessor did not within the calendar year subsequent to the date of succession render employment or pay wages sufficient to remain an employer as defined in Section 41-27-210. (F) The provisions of this section must not be applicable to an employing unit for a service performed in employment as defined by Section 41-27-230(2). For the purpose of this section, the two or more employing units mentioned in items (3) and (4) of Section 41-27-210 must be treated as a single employing unit. Effect of Amendment The 2010 amendment redesignated subsections (1) through (6) as (A) through (F), respectively; substituted "department" for ten occurrences of "Commission"; and made other nonsubstantive changes throughout the section.
S.C. Code Ann. § 41-3-55 — SC Code / Title 41 / Chapter 3 / Article 1 / Section 41-3-55
SECTION 41-3-55. Determination of liability for violations at sites involving multiple employers or contractors.
Status: in_force

At any construction site involving multiple employers or contractors, the department inspector when citing any such employer or contractor for a violation of any regulation or standard provided by law shall first determine which employer or contractor is in violation and such employer or contractor only shall be cited and held responsible for such violation. Effect of Amendment The 1993 amendment substituted "department" for "Department of Labor".
S.C. Code Ann. § 41-35-660 — SC Code / Title 41 / Chapter 35 / Article 5 / Section 41-35-660
SECTION 41-35-660. Appeals.
Status: in_force

The claimant or any other interested party may file an appeal from an initial determination, redetermination, or subsequent determination not later than ten days after the determination was mailed to his last known address. The term "any other interested party" means the claimant's last or separating employer and any employer whose account may be affected by the adjudication of the claim. If an appeal is filed with respect to a matter other than the weekly benefit amount or maximum amount of benefits payable and the appeal tribunal affirms a determination allowing benefits, the benefits paid before the decision disallowing benefits shall not be recovered from any claimant regardless of any appeal which may subsequently be taken to the extent that these benefits are not charged to the account of any employer. Effect of Amendment The 2002 amendment, in the first sentence, deleted ", or otherwise delivered to him" following "address"; in the second sentence, substituted "means" for "shall mean and include", and deleted "last or" and the comma preceding and following "separating employer", respectively; in the third sentence, deleted "duly" preceding "filed", the comma following "benefits payable", and substituted "the" for "such", "before" for "prior to", "subsequently" for "thereafter", and "these" for "such".
S.C. Code Ann. § 41-33-30 — SC Code / Title 41 / Chapter 33 / Article 1 / Section 41-33-30
SECTION 41-33-30. State Treasurer shall administer fund and issue warrants upon it.
Status: in_force

The State Treasurer is ex officio treasurer and custodian of the fund and shall administer it pursuant to the directions of the department and shall issue his warrants upon it pursuant to regulations promulgated by the department. Effect of Amendment The 2010 amendment substituted "department" for two occurrences of "Commission"; and made other nonsubstantive changes.
S.C. Code Ann. § 41-30-110 — SC Code / Title 41 / Chapter 30 / Article 1 / Section 41-30-110
SECTION 41-30-110. Purpose.
Status: in_force

(A) The purpose of this chapter is to endeavor to reach the workforce potential of this State. It seeks to coordinate, align, and enhance all publicly funded workforce development services and centralize oversight of the entities that provide these services to enhance accountability, enhance transparency, and promote a customer-centric workforce system so that the opportunities available through it are easy to access, highly effective, and simple to understand, and to provide a mechanism to marshal workforce development resources and services to meet the immediate and future needs of specialized industry workforce demands and economic development commitments of this State and in specific areas of the State. Further, this chapter seeks to: (1) deliver value-added services to business customers by collaborating with them to address skills shortages in priority industries and in-demand occupations; (2) provide for broader dissemination of information to help students, parents of students, and job seekers make career choices based on an awareness of jobs, skills in demand, and related educational pathways; (3) develop methods for coupling workforce training with a continuum of services to assist those who are struggling to overcome workforce participation barriers; and (4) address obstacles unique to those in rural areas. (B) To achieve this purpose: (1) a unified comprehensive statewide education and workforce development plan is established; (2) all entities performing publicly funded workforce development-related functions are required to comply with the obligations under the plan; and (3) their compliance will be monitored and, when necessary, compelled by the Office of Statewide Workforce Development, and such reports will be made publicly available in order to further transparency and better inform workforce development spending and policymaking. 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. § 41-1-25 — SC Code / Title 41 / Chapter 1 / Section 41-1-25
SECTION 41-1-25. Employee benefits, establishment by political subdivisions prohibited; definitions.
Status: in_force

(A) For purposes of this section: (1) "Employee benefit" means anything of value that an employee may receive from an employer in addition to wages. This term includes, but is not limited to, any health benefits, disability benefits, death benefits, group accidental death and dismemberment benefits, paid days off for holidays, paid sick leave, paid vacation leave, paid personal necessity leave, retirement benefits, and profit-sharing benefits. (2) "Political subdivision" includes, but is not limited to, a municipality, county, school district, special purpose district, or public service district. (B) A political subdivision of this State may not establish, mandate, or otherwise require an employee benefit. (C) This section does not limit the authority of political subdivisions to establish employee benefits in employment relationships to which they are a party.
S.C. Code Ann. § 41-31-930 — SC Code / Title 41 / Chapter 31 / Article 9 / Section 41-31-930
SECTION 41-31-930. Penalty for late payment.
Status: in_force

If any employer's amount of the departmental administrative contingency assessment which is due and payable, as prescribed by the department, is unpaid ten days following the date on which an assessment or debit memorandum has been issued, a penalty of ten dollars may be assessed. Effect of Amendment The 2010 amendment substituted "departmental" for "employment security", substituted "department" for "commission", and deleted "therefor" after "has been issued".
S.C. Code Ann. § 41-7-50 — SC Code / Title 41 / Chapter 7 / Section 41-7-50
SECTION 41-7-50. Labor organization contract violating right to work provisions.
Status: in_force

It shall be unlawful for any labor organization to enter into or seek to effect any agreement, contract or arrangement with any employer declared to be unlawful by Sections 41-7-20 or 41-7-30.
S.C. Code Ann. § 41-27-200 — SC Code / Title 41 / Chapter 27 / Article 3 / Section 41-27-200
SECTION 41-27-200. Contributions.
Status: in_force

"Contributions" means the money payment required by Chapter 31, Article 1 to be made into the State unemployment compensation fund by an employer.
S.C. Code Ann. § 41-1-30 — SC Code / Title 41 / Chapter 1 / Section 41-1-30
SECTION 41-1-30. Terminating authorized worker and replacing with unauthorized alien; wrongful termination action by discharged employee.
Status: repealed

(A) There is a civil right of action for wrongful termination against an employer who discharges an employee authorized to work in the United States for the purpose of replacing that employee with a person the employer knows or should reasonably know is an unauthorized alien. (B) An aggrieved employee must show all of the following: (a) the replacement occurred within sixty days of the date of the employee's termination; (b) the replacement worker was an unauthorized alien at the time of the replacement; (c) the employer knew or reasonably should have known of the replacement worker's status; and (d) the replacement worker filled duties and responsibilities the employee vacated. (C) This section does not create an employment contract for either a public or private employer. (D) An employee who brings a civil suit pursuant to this section is limited to the following recovery: (1) reinstatement to his former position; (2) actual damages; and (3) lost wages. (E) A cause of action does not arise against an employer who submits the necessary identifying information for all employees through the Systematic Alien Verification of Entitlement (SAVE) program, the E-Verify Program or a successor program used for verification of work authorization and operated by the United States Department of Homeland Security. (F) Any cause of action arising pursuant to this section is equitable in nature and must be brought within one year of the date of the alleged violation. (G) For any action brought pursuant to this section, the court may award attorney fees to the prevailing party. (H) The provisions of this section do not apply to a private employer who terminates an employee to comply with the provisions of Chapter 8 of Title 41. (I) This section takes effect ninety days after the effective date of the act. SECTIONS 41-1-40, 41-1-50. Repealed by 2010 Act No. 137, SECTION 8, eff March 31, 2010. Editor's Note Former SECTION 41-1-40 was entitled "Employers requiring notice from employee quitting work shall post notice of shutdown" and was derived from 1962 Code SECTION 40-455; 1952 Code SECTION 40-455; 1942 Code SECTION 7030-14; 1932 Code SECTION 1318; Cr. C. '22 SECTION 210; 1912 (27) 750. Former SECTION 41-1-50 was entitled "Acceptance of payment from relief fund shall be no bar to action for damages" and was derived from 1962 Code SECTION 40-456; 1952 Code SECTION 40-456; 1942 Code SECTION 7701; 1932 Code SECTION 7701; Civ. C. '22 SECTION 4275; Civ. C. '12 SECTION 2808; 1905 (24) 962.
S.C. Code Ann. § 41-29-110 — SC Code / Title 41 / Chapter 29 / Section 41-29-110
SECTION 41-29-110. Duties and powers of department.
Status: in_force

The department must promulgate regulations necessary to carry out the provisions of Chapters 27 through 41 of this title, employ personnel, make expenditures, require reports not otherwise provided for in these chapters, conduct investigations or take other action as it considers necessary or suitable to administer its duties and exercise its powers pursuant to the title. Effect of Amendment The 2010 amendment rewrote this section to set out the duties and powers of the department.
S.C. Code Ann. § 41-8-70 — SC Code / Title 41 / Chapter 8 / Section 41-8-70
SECTION 41-8-70. Filing false or fraudulent documents; penalty.
Status: in_force

In addition to other penalties provided for by law, a person who knowingly makes or files any false, fictitious, or fraudulent document, statement, or report pursuant to this chapter is guilty of a felony and, upon conviction, must be fined within the discretion of the court or imprisoned for not more than five years, or both.
S.C. Code Ann. § 41-18-350 — SC Code / Title 41 / Chapter 18 / Article 3 / Section 41-18-350
SECTION 41-18-350. Notice of safety warning compliance obligation; place of posting.
Status: in_force

(A) The owner of a carnival or amusement device shall display signs that include this statement: State law requires riders to obey all posted signs and warnings and instructions and to behave in a manner that will not cause or contribute to injuring themselves or others. Riders must report all injuries before leaving. (B) The owner shall display these signs at: (1) any station for reporting an injury; (2) any first aid station; and (3) either: (a) any entrance or exit to or from the premises designated for riders; or (b) any area or structure at which riders may purchase admission or obtain authority to use a carnival or amusement device.
S.C. Code Ann. § 41-35-100 — SC Code / Title 41 / Chapter 35 / Article 1 / Section 41-35-100
SECTION 41-35-100. Preservation of benefit rights of persons in armed forces.
Status: in_force

The department must promulgate regulations necessary to preserve the benefit rights of individuals who volunteer, enlist, or are called or drafted into a branch of the military, naval service, or an organization affiliated with the defense of the United States or this State. These regulations, with respect to these individuals, must supersede an inconsistent provision of Chapters 27 through 41 of this title, but where practicable must secure results reasonably similar to those provided in the analogous provisions of these chapters. Effect of Amendment The 2010 amendment substituted "department" for "Commission"; and made other nonsubstantive changes.
S.C. Code Ann. § 41-25-60 — SC Code / Title 41 / Chapter 25 / Section 41-25-60
SECTION 41-25-60. Advertisements in South Carolina by firms located outside its jurisdiction.
Status: in_force

Any person who acts as a private personnel placement service doing business in South Carolina but is located outside the jurisdiction of the other provisions of this chapter may not be allowed to advertise by any media, including a newspaper, trade publication, billboard, radio, television, card, printed notice, circular, contract, letterhead, or any other material made for public distribution, except an envelope, without clearly stating that the advertisement is by a firm providing private personnel placement services, stating the firm name, address, and using the words personnel placement service, personnel agency, consultants, fee paid, or other wording that establishes the identity as a private personnel placement service in the advertisement, if the firm name does not include such words.
S.C. Code Ann. § 41-1-10 — SC Code / Title 41 / Chapter 1 / Section 41-1-10
SECTION 41-1-10. Employers shall post certain labor laws.
Status: in_force

Every employer shall keep posted in a conspicuous place a printed notice stating the provisions of the law relative to the employment of adult persons and children and the regulation of hours and working conditions. The Director of the Department of Labor, Licensing and Regulation or his designee shall furnish the printed form of such notice upon request. Effect of Amendment The 1993 amendment substituted "Director of the Department of Labor, Licensing and Regulation or his designee" for "Commissioner of Labor". The 2010 amendment deleted "in every room where five or more persons are employed" following "posted in a conspicuous place" in the first sentence.
S.C. Code Ann. § 41-18-100 — SC Code / Title 41 / Chapter 18 / Article 1 / Section 41-18-100
SECTION 41-18-100. Discrimination; duties of owner or lessee in event of catastrophic accident or accident resulting in serious injury; inspection and correction of defects.
Status: in_force

(A) The owner or amusement ride operator may deny any person entrance to the amusement ride based on the person's size, weight, or physical condition if the owner or amusement ride operator believes the entry may jeopardize the safety of the person desiring entry, riders, or other persons. Denial may not be based on color, race, sex, religion, or national origin. (B) The owner or lessee of any amusement device which, during the course of its operation, is involved in an accident which results in a serious injury shall report the injury to the owner's or lessee's insurer. (C) The owner or lessee of any amusement device which, during the course of its operation, is involved in an accident which results in a serious injury shall report the injury to the director immediately and in no case later than the close of business of the director's next business day. Any owner or lessee who becomes aware at a later date that a serious injury had occurred shall report it immediately and in no case later than the end of the next business day. (D) When a catastrophic accident occurs involving the operation of an amusement device, the owner or lessee shall immediately shut down the device from further use. The device may not resume operation until the safety coordinator determines that the catastrophic accident was not caused by a mechanical or structural defect in the amusement device. (E) If the safety coordinator determines that a catastrophic accident was caused by a mechanical failure or structural defect, the device must remain shut down until repairs are completed and the device is considered operational by a licensed architect, professional engineer, qualified inspector of an insurance underwriter, or other qualified inspector, each of whom must be approved by the director. An affidavit of the inspection and correction of defect must be filed with the director. Effect of Amendment The 1993 amendment, in subsection 3, changed "prior to" to "immediately and in no case later than" and added the second sentence; in subsections 4 and 5 changed "serious injury" to "catastrophic accident"; and in subsection 5 added "failure" following "mechanical". The 1998 amendment substituted "director" for "commissioner" throughout the section, and made nonsubstantive changes.
S.C. Code Ann. § 41-27-530 — SC Code / Title 41 / Chapter 27 / Article 5 / Section 41-27-530
SECTION 41-27-530. Separate establishments deemed single employing unit.
Status: in_force

All individuals performing services within this State for any employing unit which maintains two or more separate establishments within this State shall be deemed to be employed by a single employing unit for all the purposes of Chapters 27 through 41 of this Title.
S.C. Code Ann. § 41-33-160 — SC Code / Title 41 / Chapter 33 / Article 1 / Section 41-33-160
SECTION 41-33-160. Disposition of money appropriated from unemployment trust fund for administrative expenses.
Status: in_force

Money appropriated as provided in Section 41-33-150 for the payment of expenses of administration shall be requisitioned as needed for the payment of obligations incurred under such appropriation and, upon requisition, shall be deposited in the employment security administration fund from which such payment shall be made. Money so deposited shall, until expended, remain a part of the employment fund and, if it will not be expended, shall be returned promptly to the account of this State in the unemployment trust fund.
S.C. Code Ann. § 41-35-650 — SC Code / Title 41 / Chapter 35 / Article 5 / Section 41-35-650
SECTION 41-35-650. Notification of denial.
Status: in_force

If subsequent to an initial determination or redetermination benefits with respect to any week for which a claim has been filed are denied for reasons other than matters included in the initial determination or redetermination, the claimant shall be promptly notified of the denial and the reasons therefor.
S.C. Code Ann. § 41-41-30 — SC Code / Title 41 / Chapter 41 / Section 41-41-30
SECTION 41-41-30. False statements or representations, or failures to disclose material facts, to prevent or reduce payment of benefits or contributions.
Status: in_force

Any employing unit or any officer or agent of an employing unit or any other person who makes a false statement or representation knowing it to be false or who knowingly fails to disclose a material fact to prevent or reduce the payment of benefits to any individual entitled thereto or to avoid becoming or remaining subject thereto or to avoid or reduce any contribution or other payment required from any employing unit under Chapters 27 through 41 of this title 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 "a fine of not less than fifty nor more than two hundred fifty dollars" for "a fine of not less than twenty nor more than one hundred dollars".
S.C. Code Ann. § 41-14-110 — SC Code / Title 41 / Chapter 14 / Section 41-14-110
SECTION 41-14-110. Lost or destroyed certificates of competency.
Status: in_force

If a certificate of competency is lost or destroyed, a duplicate certificate of competency must be issued without further examination.
S.C. Code Ann. § 41-5-160 — SC Code / Title 41 / Chapter 5 / Section 41-5-160
SECTION 41-5-160. Duties and obligations of commission.
Status: in_force

Within six months after the first meeting required in Section 41-5-150(B), the commission shall establish evidence-based measurable goals and objectives to encourage implementation of this chapter. The commission shall track the measurable progress of state agencies in implementing this chapter. All state agencies are encouraged to assist the commission in carrying out its duties by fully cooperating with each other and the commission, and by providing data and information in accordance with all applicable state and federal confidentiality laws.
S.C. Code Ann. § 41-16-30 — SC Code / Title 41 / Chapter 16 / Section 41-16-30
SECTION 41-16-30. Applicability.
Status: in_force

The provisions of this chapter do not apply to any facility installed in any single private dwelling residence or to facilities over which an agency of the federal government is asserting similar enforcement jurisdiction. Provisions of this chapter supersede similar provisions contained in building codes of this State or of any political subdivision of this State. Editor's Note Under the provisions of Chapter 34, Title 1, an agency is required to adopt the latest edition of a nationally recognized code which it is charged by statute or regulation with enforcing by giving notice in the State Register.
S.C. Code Ann. § 41-31-600 — SC Code / Title 41 / Chapter 31 / Article 5 / Section 41-31-600
SECTION 41-31-600. Definition of "nonprofit organization".
Status: in_force

For the purposes of this article, "nonprofit organization" means an organization, or group of organizations, described in Section 501(c)(3) of the United States Internal Revenue Code that is exempt from income taxes under Section 501(a) of that code.
S.C. Code Ann. § 41-18-150 — SC Code / Title 41 / Chapter 18 / Article 1 / Section 41-18-150
SECTION 41-18-150. Civil penalties.
Status: in_force

(A) A person is subject to a civil penalty not to exceed two thousand dollars per device for each day of noncompliance with this subsection if the person knowingly and wilfully operates an amusement device without: (1) the permit required by Sections 41-18-50 and 41-18-60; (2) the inspections required by Sections 41-18-70 and 41-18-80; (3) the insurance required by Section 41-18-90; or (4) complying with any other provision of this chapter or regulation promulgated under this chapter. (B) A person is subject to a civil penalty not to exceed two thousand dollars per device for each day of noncompliance with this subsection if the person operates an amusement device without: (1) the permit required by Sections 41-18-50 and 41-18-60; (2) the inspections required by Sections 41-18-70 and 41-18-80; (3) the insurance required by Section 41-18-90; or (4) complying with any other provision of this chapter or regulation promulgated under this chapter. (C) The director may assess the penalties under this section and, in assessing penalties under subsection (A), shall give due consideration to the appropriateness of the penalty with respect to the size of the owner's or lessee's business, the good faith of the owner or lessee, and the owner's or lessee's history of previous violation. (D) Revenue derived under this chapter must be remitted to the State Treasurer and deposited in the general fund. Effect of Amendment The 1993 amendment, in the opening paragraph, deleted "any of the following"; in both subsections 1 and 2, rewrote paragraph (c), deleting reference to a civil penalty not to exceed two thousand dollars, and added paragraph (d). The 1998 amendment rewrote this section.
S.C. Code Ann. § 41-27-190 — SC Code / Title 41 / Chapter 27 / Article 3 / Section 41-27-190
SECTION 41-27-190. Department.
Status: in_force

"Department" means the South Carolina Department of Employment and Workforce. Effect of Amendment The 2010 amendment rewrote this section to substitute "Department of Employment and Workforce" for "Employment Security Commission".
S.C. Code Ann. § 41-8-130 — SC Code / Title 41 / Chapter 8 / Section 41-8-130
SECTION 41-8-130. Right of entry and inspection by inspectors.
Status: in_force

The director, 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 private employer and inspect, investigate, reproduce, or photograph original business records relevant to determining compliance with the provisions of this chapter.
S.C. Code Ann. § 41-33-40 — SC Code / Title 41 / Chapter 33 / Article 1 / Section 41-33-40
SECTION 41-33-40. Three separate accounts within fund; collections credited to clearing account.
Status: in_force

All money in the fund must be comingled and undivided, but the State Treasurer shall maintain within the fund three separate accounts: (a) a clearing account; (b) an unemployment trust fund account; and (c) a benefit account. All money payable to the fund, upon receipt of the money by the department, must be forwarded to the State Treasurer who immediately shall credit it to the clearing account. Effect of Amendment The 2010 amendment substituted "department" for "Commission"; and made other nonsubstantive changes.
S.C. Code Ann. § 41-15-320 — SC Code / Title 41 / Chapter 15 / Article 3 / Section 41-15-320
SECTION 41-15-320. Penalties.
Status: in_force

(a) Any employer who wilfully or repeatedly violates any occupational safety or health rule or regulation promulgated pursuant to this article may be assessed a civil penalty of not more than seventy thousand dollars for each violation. (b) Any employer who has received a citation for a serious violation of an occupational safety or health rule or regulation promulgated pursuant to this article may be assessed a civil penalty of up to seven thousand dollars for each such violation. (c) Any employer who has received a citation for a violation of an occupational safety or health rule or regulation or order promulgated pursuant to this article, and such violation is specifically determined not to be of a serious nature, may be assessed a civil penalty of up to seven thousand dollars for each such violation. (d) Any employer who fails to correct a violation for which a citation has been issued under Section 41-15-280 within the period permitted for its correction (which period shall not begin to run until the date of the final order of the Director in the case of any review proceeding initiated by the employer in good faith and not solely for delay or avoidance of penalties), may be assessed a civil penalty of not more than seven thousand dollars for each day during which such failure or violation continues. (e) Any employer who willfully violates any occupational safety or health rule or regulation promulgated pursuant to this article and that violation causes death to any employee shall be deemed guilty of a misdemeanor and, upon conviction, be punished by a fine of not more than ten thousand dollars or by imprisonment for not more than six months, or by both; except that if the conviction is for a violation committed after a first conviction of such person, punishment shall be by a fine of not more than twenty thousand dollars or by imprisonment for not more than one year, or by both. (f) Any employer who violates any of the posting requirements, as prescribed under the provisions of this article, may be assessed a civil penalty of up to seven thousand dollars for each violation. (g) Any person who gives advance notice of any inspection to be conducted under this article, without authority from the Director of the Department of Labor, Licensing and Regulation or his designee, shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine of not more than one thousand dollars or by imprisonment for not more than six months, or both. (h) Whoever knowingly makes any false statement, representation, or certification in any application, record, report, plan or other document filed or required to be maintained pursuant to this article shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine of not more than ten thousand dollars or by imprisonment for not more than six months, or both. (i) For the purposes of this section, an occupational safety or health rule or regulation shall be deemed to be a rule or regulation promulgated by the Director of the Department of Labor, Licensing and Regulation or his designee pursuant to Section 41-15-210 which requires conditions, or the adoption or use of one or more practices, means, methods, operations, or processes, necessary or appropriate to provide safe or healthful employment and places of employment. (j) For the purposes of this section, a serious violation shall be deemed to exist in a place of employment if there is a substantial probability that death or serious physical harm could result from a condition which exists, or from one or more practices, means, methods, operations, or processes which have been adopted or are in use, in such place of employment unless the employer did not, and could not with the exercise of reasonable diligence, know of the presence of the violation. (k) Except for items (e), (g) and (h) which establishes a misdemeanor over which the courts of general sessions have jurisdiction, all penalty assessments shall be made by the Director. (l) Any amounts collected under this section shall be turned over to the State Treasurer for deposit in the General Fund of the State. Effect of Amendment The 1991 amendment in subsection (a) increased the maximum penalty from ten thousand to seventy thousand dollars, and in subsections (b), (c), (d) and (f) increased the maximum penalties from one thousand to seven thousand dollars. The 1993 amendment in subsection (g) and (i), substituted "Director of the Department of Labor, Licensing, and Regulation or his designee" for "Commissioner of Labor".
S.C. Code Ann. § 41-35-670 — SC Code / Title 41 / Chapter 35 / Article 5 / Section 41-35-670
SECTION 41-35-670. Benefits must be paid until determination, redetermination or decision has been modified or reversed.
Status: in_force

(A) Notwithstanding another provision contained in this article, benefits must be paid pursuant to a determination, redetermination, or the decision of an appeal tribunal, the department, or a reviewing court upon the issuance of that determination, redetermination, or decision, regardless of the pendency of the period to apply for reconsideration, file an appeal, or petition for judicial review provided with respect to it or the pendency of such an application, filing, or petition, until the determination, redetermination, or decision has been modified or reversed by a subsequent redetermination or decision, in which event benefits must be paid or denied for weeks of unemployment afterward pursuant to the modifying or reversing redetermination or decision. (B) If a determination or redetermination allowing a benefit is affirmed by the appeal tribunal or the department, or if a decision of an appeal tribunal allowing a benefit is affirmed by the department, those benefits must be paid promptly regardless of a further appeal that may be taken, and no injunction, supersedeas, stay, or other writ or process suspending the payment of the benefits must be issued by a court. Effect of Amendment The 2010 amendment redesignated subsections (1) and (2) as (A) and (B), respectively; substituted "department" for three occurrences of "Commission"; and made other nonsubstantive changes throughout the section.
S.C. Code Ann. § 41-27-160 — SC Code / Title 41 / Chapter 27 / Article 3 / Section 41-27-160
SECTION 41-27-160. Benefit year.
Status: in_force

"Benefit year" means the one-year period beginning with the day as of which an insured worker first files a request for determination of his insured status, and afterward the one-year period beginning with the day by which he next files this request after the end of his last preceding "benefit year"; provided, that in the case of a combined wage claim filed by an individual in accord with an arrangement entered into by the department pursuant to the provisions of Section 41-29-140(2), the benefit year is that applicable provided by the law of the paying state. The filing of a notice of unemployment is considered a request for determination of insured status if a current benefit year has not previously been established. A request for determination of insured status must be made pursuant to regulations as the department prescribes. Effect of Amendment The 2010 amendment substituted "department" for two occurrences of "commission"; and made other nonsubstantive changes.
S.C. Code Ann. § 41-14-80 — SC Code / Title 41 / Chapter 14 / Section 41-14-80
SECTION 41-14-80. Certification of special inspectors; examination.
Status: in_force

(A) The director shall promulgate regulations for the certification of special inspectors. Before receiving his certificate of competency, each inspector shall satisfactorily pass the examination provided for in Section 41-14-90 or, in lieu of the examination, shall hold a commission or a certificate of competency as an inspector of boilers from a state that has a standard of examination substantially equal to that of this State or possess a commission as an inspector of boilers issued by the National Board of Boiler and Pressure Vessel Inspectors. (B) The expenses or salary of special inspectors must not be paid by the State. (C) The special inspectors may inspect all boilers insured or operated by their respective companies.
S.C. Code Ann. § 41-15-250 — SC Code / Title 41 / Chapter 15 / Article 3 / Section 41-15-250
SECTION 41-15-250. Permits for permanent variances.
Status: in_force

Any affected employer may apply to the Director for a permit for a permanent variance from a rule or regulation promulgated under this article. Affected employees and their bargaining representative, if any, shall be given notice by the employer of each such application and shall be furnished an opportunity to participate in a hearing. The Director shall issue such permit if he determines on the record, after opportunity for an inspection where applicable and a hearing, that the proponent of a variance has demonstrated by a preponderance of the evidence that the conditions, practices, means, methods, operations or processes used or proposed to be used by an employer will provide employment and places of employment to his employees which are as safe and healthful as those which would prevail if he complied with the rule and regulation. The permit so issued shall prescribe the conditions the employer must maintain and the practices, means, methods, operations and processes which he must adopt and utilize to the extent they differ from the rule or regulation in question. Such a permit may be revoked or modified upon application by an employer, employee or by the Director on his own motion, in the manner prescribed for its issuance under this section at any time after six months from its issuance.
S.C. Code Ann. § 41-14-90 — SC Code / Title 41 / Chapter 14 / Section 41-14-90
SECTION 41-14-90. Requirements for examination.
Status: in_force

The examination for chief boiler administrator or special inspectors must be in accordance with the requirements of the National Board of Boiler and Pressure Vessel Inspectors.
S.C. Code Ann. § 41-8-120 — SC Code / Title 41 / Chapter 8 / Section 41-8-120
SECTION 41-8-120. Promulgation of regulations; statewide random auditing program.
Status: in_force

(A) The director shall promulgate regulations in accordance with the provisions of Chapter 23, Title 1 to establish a procedure for administrative review of any disciplinary action against a private employer pursuant to this chapter. (B) The director shall develop a statewide random auditing program to inspect private employers for compliance with the provisions of this chapter, and shall promulgate regulations in accordance with the provisions of Chapter 23 of Title 1 of the South Carolina Code of Laws governing the implementation of the audit program. Effect of Amendment The 2011 amendment, in subsection (A), substituted "disciplinary action against a private employer" for "revocation, civil penalty, or other disciplinary action assessed against a private employer or his South Carolina employment license".
S.C. Code Ann. § 41-35-125 — SC Code / Title 41 / Chapter 35 / Article 1 / Section 41-35-125
SECTION 41-35-125. Benefits for individuals unemployed as a result of domestic abuse.
Status: in_force

(A)(1) Notwithstanding the provisions of Section 41-35-120, an individual is eligible for waiting week credit and for unemployment compensation if the department finds that the individual has left work voluntarily or has been discharged because of circumstances directly resulting from domestic abuse and: (a) reasonably fears future domestic abuse at or en route to the workplace; (b) needs to relocate to avoid future domestic abuse; or (c) reasonably believes that leaving work is necessary for his safety or the safety of his family. (2) When determining if an individual has experienced domestic abuse for the purpose of receiving unemployment compensation, the department must require him to provide documentation of domestic abuse such as police or court records or other documentation of abuse from a shelter worker, attorney, member of the clergy, or medical or other professional from whom the individual has sought assistance. (3) Documentation or evidence of domestic abuse acquired by the department pursuant to this section must be kept confidential unless consent for disclosure is given, in writing, by the individual. (B)(1) Notwithstanding the provisions of Section 41-35-120, an individual is eligible for waiting week credit and for unemployment compensation if the department finds that the individual was separated from employment due to compelling family circumstances. (2) For the purposes of this subsection: (a) "Immediate family member" means a claimant's spouse, parents, or dependent children. (b) "Illness" means a verified illness that necessitates the care of the ill person for a period of time that exceeds the amount of time the employer will provide paid or unpaid leave. (c) "Disability" means a verified disability which necessitates the care of the disabled person for a period of time longer than the employer is willing to grant paid or unpaid leave. Disability encompasses all types of disability, including mental and physical disabilities, permanent and temporary disabilities, and partial and total disabilities. (d) "Compelling family circumstances" means: (i) that a claimant was separated from employment with the employer because of the illness or disability of the claimant and, based upon available information, the department finds that it was medically necessary for the claimant to stop working or change occupations; (ii) the claimant was separated from work due to the illness or disability of an immediate family member; and (iii) the claimant's spouse was transferred or employed in another city or state, the family is required to move to the location of that job, the location is outside the commuting distance of the claimants previous employment, and the claimant separates from employment in order to move to the new location with his spouse. Effect of Amendment The first 2010 amendment, 2010 Act No. 146, SECTION 78, substituted "department" for three occurrences of "commission"; and made other nonsubstantive changes. The second 2010 amendment, 2010 Act No. 234, SECTION 10, inserted the subsection identifiers and added subsection (B) relating to compelling family circumstances. The 2011 amendment in subsection (A)(2) substituted "such as" for "including, but not limited to,"; and rewrote subsection (B).
S.C. Code Ann. § 41-35-126 — SC Code / Title 41 / Chapter 35 / Article 1 / Section 41-35-126
SECTION 41-35-126. Military relocation benefits.
Status: in_force

Notwithstanding the provisions of Section 41-35-120, an individual is eligible for waiting week credit and for unemployment compensation if the department finds that the individual has left work voluntarily to relocate because of the transfer of a spouse who has been reassigned from one military assignment to another, provided that the separation from employment occurs within fifteen days of the scheduled relocation date. Effect of Amendment The 2010 amendment substituted "department" for "commission".
S.C. Code Ann. § 41-27-30 — SC Code / Title 41 / Chapter 27 / Article 1 / Section 41-27-30
SECTION 41-27-30. Construction.
Status: in_force

Nothing in Chapters 27 through 41 of this title must be construed to cause the department or the courts of this State in interpreting these chapters to be bound by interpretations as to liability or nonliability of employers by Federal administrative agencies, nor is it the intent of the General Assembly to require an identical coverage of employers under these chapters with coverage requirements pursuant to Section 3101 et seq. of the Federal Internal Revenue Code. Effect of Amendment The 2010 amendment substituted "department" for "Commission" following "construed to cause the"; and made other nonsubstantive changes.
S.C. Code Ann. § 41-31-55 — SC Code / Title 41 / Chapter 31 / Article 1 / Section 41-31-55
SECTION 41-31-55. Additional surcharges when fund insolvent; rates; deposit in special account.
Status: in_force

(A) In any calendar year in which the State Unemployment Insurance Trust Fund is insolvent, the State shall impose additional surcharges on all contributory employers to pay interest on the outstanding debt. The estimated amount of interest to be paid in the upcoming year will be divided by the estimated taxable payroll for the calendar year. The result rounded to the next higher one-hundredth of one percent is the statewide average surcharge. (B) The rate for class twenty will be set so that the entire schedule raises the income required to pay interest surcharges for the year, subject to the structure defined in subsection (A). The rate for each preceding benefit rate class shall be equal to ninety percent of the rate calculated for the succeeding class, except that the rate class twelve shall be set at one-fourth the rate calculated for rate class twenty. (C) These funds shall be deposited in a special account as provided in Section 41-33-810. Effect of Amendment The 2011 amendment in subsection (A), in the first sentence, inserted "contributory" before "employers; and added subsection (C) relating to deposit into a special account.
S.C. Code Ann. § 41-16-75 — SC Code / Title 41 / Chapter 16 / Section 41-16-75
SECTION 41-16-75. Special inspector prohibited from inspecting certain elevators.
Status: in_force

It is unlawful for a special inspector to perform elevator inspections under this chapter or regulations promulgated pursuant to it on an elevator on which he or his employer has a current service or warranty contract.
S.C. Code Ann. § 41-29-300 — SC Code / Title 41 / Chapter 29 / Section 41-29-300
SECTION 41-29-300. Department of Employment and Workforce Appellate Panel; creation; purpose; powers; composition.
Status: in_force

(A) There is created the Department of Employment and Workforce Appellate Panel within the Department of Employment and Workforce, which is separate and distinct from the department's divisions. The sole purpose of the panel is to hear and decide appeals from decisions of the department's divisions. (B)(1) The panel initially must be comprised of the members of the South Carolina Department of Employment and Workforce serving on the day before the effective date of this act. These initial panel members may serve in that temporary capacity until their successors are elected pursuant to this section. (2) The members of the appellate panel must be elected by the General Assembly, in joint session, for terms of four years and until their successors have been elected and qualified, commencing on the first day of July in each presidential election year. Initial elections for members of the appellate panel must be held before May 22, 2010. The seats on the appellate panel are designated as Seat 1, Seat 2, and Seat 3. (3) The appellate panel must elect one of its members to be chairman. A vacancy must be filled by the Governor through a temporary appointment until the next session of the General Assembly, at which time a joint session of the General Assembly shall elect an appellate panelist to fill the unexpired term. (4) The appellate panelists shall receive such compensation as may be established under the provisions of Section 8-11-160 and for which funds have been authorized in the general appropriations act but not to exceed compensation that is commensurate with their hearing duties. (C) A party only may appeal from a decision of the department directly to the panel. A party only may appeal a decision of the panel to an administrative law court in the manner provided in Section 41-35-750. (D) A quorum must consist of two panel members and is necessary to hear or decide an appeal under subsection (C). A decision of the panel must be rendered in writing and is subject to disclosure under the Freedom of Information Act. (E)(1) The Department of Employment and Workforce Review Committee must screen a person and find him qualified before he may be elected to serve as a member of the appellate panel. The qualifications that each panelist must possess, include, but are not limited to: (a) a baccalaureate or more advanced degree from: (i) a recognized institution of higher learning requiring face-to-face contact between its students and instructors prior to completion of the academic program; (ii) an institution of higher learning that has been accredited by a regional or national accrediting body; or (iii) an institution of higher learning chartered before 1962; or (b) a background of at least five years in any combination of the following fields of expertise: (i) general business administration; (ii) general business management; (iii) management at the Department of Employment and Workforce, or its predecessor; (iv) human resources management; (v) finance; or (vi) law. (2) A member of the General Assembly may not be elected to serve as a panelist or appointed to be a panelist while serving in the General Assembly; nor shall a member of the General Assembly be elected or appointed to be a panelist for a period of two years after the member either: (a) ceases to be a member of the General Assembly; or (b) fails to file for election to the General Assembly in accordance with Section 7-11-15. (3) When screening an appellate panel candidate and making its findings regarding the candidate, the South Carolina Department of Employment and Workforce Review Committee must give due consideration to a person's ability, area of expertise, dedication, compassion, common sense, and integrity. (F)(1) A panelist is bound by the Code of Judicial Conduct, as contained in Rule 501 of the South Carolina Appellate Court Rules, and the State Ethics Commission is responsible for enforcement and administration of Rule 501 pursuant to Section 8-13-320. A panelist also must comply with the applicable requirements of Chapter 13, Title 8. (2) A panelist and his administrative assistant annually must attend and successfully complete a workshop of at least three continuing education hours in ethics. (G) Notwithstanding another provision of law, it shall be mandatory for a member of the Department of Employment and Workforce Appellate Panel to retire not later than the end of the fiscal year in which he reaches his seventy-second birthday. 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 2010 amendment added subsection (G) relating to the Department of Employment and Workforce Appellate Panel. The 2011 amendment in subsection (B)(2) added the last sentence relating to the appellate panel designations.
S.C. Code Ann. § 41-27-10 — SC Code / Title 41 / Chapter 27 / Article 1 / Section 41-27-10
SECTION 41-27-10. Short title.
Status: in_force

Chapters 27 through 41 of this title shall be known and may be cited as the "South Carolina Department of Employment and Workforce". Effect of Amendment The 2010 amendment substituted "Department of Employment and Workforce" for "Employment Security Law" at the end of the section.
S.C. Code Ann. § 41-27-180 — SC Code / Title 41 / Chapter 27 / Article 3 / Section 41-27-180
SECTION 41-27-180. Claimant.
Status: in_force

"Claimant" means an individual who has filed a request for a determination of insured status, a request for initiation of a claim series in a benefit year, a notice of unemployment, a certification for waiting-week credit, or a claim for benefits.
S.C. Code Ann. § 41-31-910 — SC Code / Title 41 / Chapter 31 / Article 9 / Section 41-31-910
SECTION 41-31-910. General provisions.
Status: in_force

Departmental administrative contingency assessments must accrue and become payable by each employer who is subject to the assessments as defined in Section 41-27-410 for each calendar year in which he is subject to Chapters 27 through 41 of this title with respect to wages for employment. The assessments are due and payable by each subject employer to the department for the departmental administrative contingency fund and are not deductible, in whole or in part, from the wages of individuals in the employer's employ. No determination and assessments may be instituted more than four years after the last day of the month immediately following the calendar quarter for which the assessments were payable. The limitation period contained in this section does not apply to an employer that wilfully fails to file a departmental contingency assessment report pursuant to this section or pursuant to regulations promulgated by the department, or has knowingly made a false statement or has intentionally failed to disclose a material fact on a departmental contingency assessment report. Effect of Amendment The 2010 amendment rewrote the section.
S.C. Code Ann. § 41-33-220 — SC Code / Title 41 / Chapter 33 / Article 1 / Section 41-33-220
SECTION 41-33-220. 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 unemployment compensation fund under Chapters 27 through 41 of this Title. All sums recovered for losses sustained by the fund shall be deposited therein.
S.C. Code Ann. § 41-15-510 — SC Code / Title 41 / Chapter 15 / Article 5 / Section 41-15-510
SECTION 41-15-510. Employees shall not be discriminated against for filing complaints and instituting proceedings.
Status: in_force

No person shall discharge or in any manner discriminate against any employee because such employee has filed any complaint or instituted, or caused to be instituted, any proceeding under or relating to statutes, rules or regulations regarding occupational safety and health, or testified, or is about to testify, in any such proceedings or because of the exercise by such employee on behalf of himself or others of any right afforded by such statutes, rules or regulations.
S.C. Code Ann. § 41-31-140 — SC Code / Title 41 / Chapter 31 / Article 1 / Section 41-31-140
SECTION 41-31-140. Transfer of experience rating account.
Status: in_force

(A) For the purposes of this section and for tax years 2010 and prior, "debit balance" means the excess of total benefits charged over total contributions made. (B) For acquisitions that occur in tax years 2010 and prior, no transfer of experience rating accounts, in whole or in part, is permitted under the provisions of Sections 41-31-100 through 41-31-130 unless all unemployment compensation taxes based on wages paid by the transferring employer prior to the date of the transfer are paid by the transferring employer when due or assumed by the acquiring employer within sixty days from the date he is notified by the department that the transfer cannot be allowed because of unpaid unemployment compensation taxes. If the experience rating account of the predecessor employer contains a debit balance, the experience rating account of the predecessor employer in any event must be transferred to the successor employer in accordance with the provisions of Sections 41-31-100 and 41-31-120. (C) Effective for acquisitions occurring in tax years 2011 and later, no transfer of benefit charges or taxable wages, in whole or in part, is permitted pursuant to the provisions of Sections 41-31-100 through 41-31-130 unless all unemployment compensation taxes based on wages paid by the transferring employer prior to the date of transfer are paid by the transferring employer when due or assumed by the acquiring employer within sixty days from the date he is notified by the department that the transfer cannot be allowed because of unpaid unemployment compensation taxes or outstanding contribution reports. If the predecessor employer has an acquisition year tax class of thirteen or higher, the experience of the predecessor employer in any event must be transferred to the successor employer in accordance with the provisions of Sections 41-31-100 and 41-31-120. Effect of Amendment The 1986 amendment made grammatical changes and added the provision relative to the time within which unemployment compensation taxes must be assumed by the acquiring employer. The 2010 amendment added subsection (A) relating to the definition of "debit balance"; added subsection identifier (B); and in subsection (B) substituted "department" for "Commission" in the first sentence, and in the second sentence deleted the parenthetical definition of "debit balance". The 2011 amendment in subsection (A) inserted "and for tax years 2010 and prior", in subsection (B) substituted "For acquisitions that occur in tax years 2010 and prior, no" for "No", and added subsection (C) relating to acquisitions occurring in tax years 2011 and later.
S.C. Code Ann. § 41-29-150 — SC Code / Title 41 / Chapter 29 / Section 41-29-150
SECTION 41-29-150. Records; inspection and copying; confidentiality; violation; penalties.
Status: in_force

An employing unit must keep true and accurate work records containing information the department prescribes. These records must be open to inspection and subject to being copied by the department or its authorized representative at a reasonable time and as often as necessary. The department and the chairman of an appeal tribunal may require from an employing unit a sworn or unsworn report with respect to persons employed by it that he or it considers necessary for the effective administration of Chapters 27 through 41 of this title. Information obtained in this manner or from an individual pursuant to the administration of these chapters, except to the extent necessary for the proper administration of such chapters, shall be held confidential and may not be published or be open to public inspection, other than to the public employees in the performance of their public duties, in any manner revealing the individual's or employing unit's identity. However, a claimant or his legal representative at a hearing before an appeal tribunal must be supplied information from these records to the extent necessary for the proper presentation of his claim. An employee or member of the department who violates a provision of this section must be fined not less than twenty dollars or more than five hundred dollars, imprisoned for not longer than ninety days, or both. Effect of Amendment The 2010 amendment substituted "department" for "Commission" throughout this section; and made other nonsubstantive changes. The 2011 amendment substituted "five hundred dollars" for "two hundred dollars" in the last sentence.
S.C. Code Ann. § 41-18-360 — SC Code / Title 41 / Chapter 18 / Article 3 / Section 41-18-360
SECTION 41-18-360. Wilful violations; penalties.
Status: in_force

A person who wilfully violates this article is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned not more than two months or both.
S.C. Code Ann. § 41-29-140 — SC Code / Title 41 / Chapter 29 / Section 41-29-140
SECTION 41-29-140. Reciprocal agreements.
Status: in_force

The department may enter an arrangement with the appropriate agency of another state or of the federal government with respect to the combination of wages: (1) An agreement with the federal government where wages or services, upon the basis of which an individual may become entitled to benefits under an unemployment compensation law of the federal government, are considered wages for employment by an employer for the purpose of Sections 41-35-10 to 41-35-100 if the agency of the federal government agrees to reimburse the fund for the portion of benefits paid under Chapters 27 through 41 of this title on the basis of these wages or services as the department finds will be fair and reasonable and the department will reimburse the agency of the federal government with a reasonable portion of benefits paid under law of the federal government on the basis of employment or wages for employment by employers the department finds will be fair and reasonable to all affected interests. (2) The department shall participate in an arrangement for the payment of compensation on the basis of combining an individual's wages and employment covered under Chapters 27 through 41 of this title with his wages and employment covered under the unemployment compensation law of another state approved by the United States Secretary of Labor in consultation with the state unemployment compensation agencies as reasonably calculated to assure the prompt and full payment of compensation in those situations and that includes provisions for: (a) applying the base period of a single state law to a claim involving the combining of an individual's wages and employment covered under two or more state unemployment compensation laws; and (b) avoiding the duplicate use of wages and employment by reason of this combining. (3) This reimbursement is considered a benefit for the purpose of Section 41-35-50 and Article 1, Chapter 33 of this title. The department may make to another state or federal agency and receive from another state or federal agency reimbursement from or to the fund in accordance with and made pursuant to this section. Effect of Amendment The 2010 amendment substituted "department" for "Commission" throughout this section; and made other nonsubstantive changes.
S.C. Code Ann. § 41-16-80 — SC Code / Title 41 / Chapter 16 / Section 41-16-80
SECTION 41-16-80. Alteration permits.
Status: in_force

On and after the effective date of regulations relating to alterations, detailed plans of each facility to be altered must be submitted to the Director, together with an application for an alteration permit, on forms to be furnished or approved by the Director. Repairs or replacements necessary for normal maintenance are not alterations and may be made on existing installations with parts equivalent in material, strength, and design to those replaced, and no plans or specifications or application need be filed for the repairs or replacements. However, nothing in this section authorizes the use of any facility contrary to an order issued pursuant to Section 41-16-110.
S.C. Code Ann. § 41-44-90 — SC Code / Title 41 / Chapter 44 / Section 41-44-90
SECTION 41-44-90. Procedure to receive tax 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.] To receive the credit provided by this chapter, a taxpayer shall: (1) claim the credit on the taxpayer's annual state income or premium tax return in the manner prescribed by the appropriate commission; and (2) file with the appropriate commission and with the taxpayer's annual state income or premium tax return a copy of the form issued by the corporation as to the qualified investment by the taxpayer, which includes an undertaking by the taxpayer to report to the appropriate commission any redemption of the qualified investment within the meaning of Section 41-44-80. Effect of Amendment The 1990 amendment provided for tax credits for insurance premium taxes.
S.C. Code Ann. § 41-7-75 — SC Code / Title 41 / Chapter 7 / Section 41-7-75
SECTION 41-7-75. Director to ensure chapter compliance; remedies.
Status: in_force

(A) The Director of the South Carolina Department of Labor, Licensing and Regulation or his designee shall ensure compliance with this chapter and shall cooperate with an employee in the investigation and enforcement of a meritorious claim against an employer. Hearings may be held to satisfy the director as to the justice of any claim. (B) Upon the filing of a complaint with the department, the director or his designee may enter a place of employment for the purpose of evaluating compliance with this chapter. Any effort of a person or entity to obstruct the director or his designee in the performance of duties under this chapter is a violation of this chapter and punishable accordingly. (C) After a complaint has been filed, if the director or his designee is denied admission to a place of employment, a warrant may be obtained pursuant to Section 41-15-260.
S.C. Code Ann. § 41-43-170 — SC Code / Title 41 / Chapter 43 / Section 41-43-170
SECTION 41-43-170. Guaranty fund authorized; purposes.
Status: in_force

The authority is authorized to create a guaranty fund, consisting solely of program funds, which may be used to guarantee or insure or purchase insurance for loans of financial institutions to business enterprises which meet the eligibility requirements of Section 41-43-150. Such funds shall be held in the custody of the State Treasurer, or with his approval may be held in the custody of one or more commercial banks or trust companies having a principal place of business in this State. Loans which qualify for a guaranty or insurance under this section must consist of: (1) Loans to eligible business enterprises located in distressed areas as defined in Section 41-43-180 for any purpose for which a loan may be made pursuant to Section 41-43-160, including the provision of working capital; (2) Loans used to finance export sales or production for export by eligible business enterprises as provided in Section 41-43-190.
S.C. Code Ann. § 41-29-70 — SC Code / Title 41 / Chapter 29 / Section 41-29-70
SECTION 41-29-70. Employment of personnel.
Status: in_force

Subject to the provisions of Chapters 27 through 41 of this title, the department may employ or retain on a contract basis other accountants, attorneys, experts necessary to perform the department's duties. Effect of Amendment The 2010 amendment rewrote this section to authorize the department to employ or contract with personnel to perform the department's duties.
S.C. Code Ann. § 41-35-330 — SC Code / Title 41 / Chapter 35 / Article 3 / Section 41-35-330
SECTION 41-35-330. "State 'on' indicator" and "State 'off' indicator" defined.
Status: in_force

(A) There is a "state 'on' indicator" for this State for a week if the department determines, pursuant to the regulations of the United States Secretary of Labor, that for the period consisting of that week and the immediately preceding twelve weeks the rate of insured unemployment, not seasonally adjusted, under Chapters 27 through 41 of this title: (1) equaled or exceeded one hundred twenty percent of the average of those rates for the corresponding thirteen week period ending in each of the preceding two calendar years; and (2) equaled or exceeded five percent. With respect to benefits for weeks of unemployment beginning after July 1, 1977, the determination of whether there has been a "state 'on' or 'off' indicator" for this State beginning or ending an extended benefit period must be made under this section as if: (a) subsection (A) did not contain item (1); and (b) the word "five" contained in item (2) of this subsection were "six" except that, notwithstanding a provision of this section, a week for which there would otherwise be a "state 'on' indicator" for this State must continue to be such a week and must not be determined to be a week for which there is a "state 'off' indicator" for this State. (B) There is a "state 'off' indicator" for this State for a week if, for the period consisting of that week and the immediately preceding twelve weeks, either items (1) or (2) of subsection (A) are not satisfied. (C) This section applies to weeks beginning after September 25, 1982. Effect of Amendment The 2010 amendment substituted "department" for "commission"; redesignated all of the subsections in the section; and made other nonsubstantive changes.
S.C. Code Ann. § 41-15-80 — SC Code / Title 41 / Chapter 15 / Article 1 / Section 41-15-80
SECTION 41-15-80. Employers shall furnish safe place; compliance of employers and employees to certain rules.
Status: in_force

(1) Each employer shall furnish to his employees employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm to his employees, and he shall comply with occupational safety and health rules and regulations promulgated under this chapter. (2) Each employee shall comply with occupational safety and health rules, regulations and orders issued pursuant to this chapter which are applicable to his own actions and conduct.
S.C. Code Ann. § 41-16-160 — SC Code / Title 41 / Chapter 16 / Section 41-16-160
SECTION 41-16-160. Preemption of local regulation.
Status: in_force

No political subdivision may make or maintain any ordinance, bylaw, or resolution providing for the licensing of special inspectors. Any ordinance, bylaw, or resolution relating to the inspection, construction, installation, alteration, maintenance, or operation of facilities within the limits of the political subdivision, which conflicts with this chapter or with regulations promulgated by the Director, is void. The Director, in his discretion, may accept inspections by local authorities in lieu of inspections required by Section 41-16-70, but only upon a showing by the local authority that applicable laws and regulations will be consistently and literally enforced and that inspections will be performed by special inspectors.
S.C. Code Ann. § 41-27-300 — SC Code / Title 41 / Chapter 27 / Article 3 / Section 41-27-300
SECTION 41-27-300. Insured work.
Status: in_force

"Insured work" means employment for employers.
S.C. Code Ann. § 41-16-140 — SC Code / Title 41 / Chapter 16 / Section 41-16-140
SECTION 41-16-140. Fees.
Status: in_force

The Director shall promulgate regulations to charge and collect fees for inspection, permits, and licenses. Fees may be set by regulation not more than once each year. Fees established by the Director must be based upon the costs of administering the provisions of this chapter and shall give due regard to the time spent by department personnel in performing duties and to any travel expenses incurred. In cases where the fees are not paid within sixty days, the Attorney General shall bring an action against the assessed owner or operator. Any amounts collected must be turned over to the State Treasurer for deposit in the general fund of the State. The State may be granted costs and attorneys' fees for such collection actions. Effect of Amendment The 1993 amendment added the second paragraph.
S.C. Code Ann. § 41-35-630 — SC Code / Title 41 / Chapter 35 / Article 5 / Section 41-35-630
SECTION 41-35-630. Determination of claim when labor dispute is involved; determinations involving multiple claimants; group appeals.
Status: in_force

(A) In a case where the payment or denial of a benefit will be determined by the provisions of Section 41-35-120(6), the department must designate a special examiner to make an initial determination with respect to it. The determination of the examiner may be appealed in the same manner, within the same time, and through the same procedures as any other determination. The department may, upon written request by a group of workers or their authorized representative, allow one of a group representing a grade or class of workers similarly situated to file an appeal known as a "Group Test Appeal", and the decision of the appeal tribunal or the department regarding the disqualification of the group representative because of the application of Section 41-35-120(6) is binding on the entire group. (B) When a determination involves multiple claimants and difficult issues of fact or law, the department may designate a special examiner to render the determination. A determination, which may be appealed in the same manner, within the same time, and through the same procedures as any other determination. The department must allow a claimant affected by this determination to join in one appeal and the decision of the appeal tribunal or the department is binding on all claimants who are parties to the consolidated appeal. Effect of Amendment The 2010 amendment redesignated subsections (1) and (2) as (A) and (B), respectively; substituted "department" for five occurrences of "Commission"; and made other nonsubstantive changes throughout the section.
S.C. Code Ann. § 41-17-20 — SC Code / Title 41 / Chapter 17 / Section 41-17-20
SECTION 41-17-20. Conciliation committees.
Status: in_force

When the Director or his agents shall fail to induce both sides of such an industrial dispute or strike or lockout to arrive at an agreement, the Director may appoint a committee of three as follows: One from capital, one from labor and one at large. The Director shall be ex officio chairman of such committee. The duties of the committee shall be the same as those prescribed for the Director in Section 41-17-10.
S.C. Code Ann. § 41-3-60 — SC Code / Title 41 / Chapter 3 / Article 1 / Section 41-3-60
SECTION 41-3-60. Enforcement of labor and employment laws; appointment and duties of inspectors and assistants.
Status: in_force

The Director of the Department of Labor, Licensing and Regulation or his designee shall enforce all laws of Chapters 1 through 24 in places, sites, or areas, which come under his jurisdiction, and appoint such assistants and inspectors as necessary to carry out his duties. The duties of such assistants and inspectors shall be prescribed by the director which come under his jurisdiction. Effect of Amendment The 1993 amendment in the first sentence substituted "Director of the Department of Labor, Licensing and Regulation or his designee" for "Commissioner" and in the last sentence substituted "director" for "Commissioner". The 2010 amendment substituted "24" for "25 of this Title" following "Chapters 1 through" in the first sentence.
S.C. Code Ann. § 41-43-260 — SC Code / Title 41 / Chapter 43 / Section 41-43-260
SECTION 41-43-260. Annual audit and report.
Status: in_force

The authority must be audited annually by the State Auditor or, upon his approval, may execute contracts with an independent certified public accounting firm. The authority must make an annual report to the State Fiscal Accountability Authority, Revenue and Fiscal Affairs Office, and the Executive Budget Office, and the General Assembly on its programs and operations. The report must include information regarding the size of the businesses that have received assistance based on the number of employees employed and the amount of gross revenues generated during the preceding year. The report also must include the names of businesses that have received assistance and a good faith estimate of the number of jobs retained or created as a result of the authority's assistance.
S.C. Code Ann. § 41-33-45 — SC Code / Title 41 / Chapter 33 / Article 1 / Section 41-33-45
SECTION 41-33-45. Annual reports; trend charts; cost analysis.
Status: in_force

(A) The department shall report, by October first of each year, to the General Assembly, the Review Committee, and to the Governor the amount in the unemployment trust fund and make an assessment of its funding level. (B)(1) The annual assessment report must contain a trend chart concerning the unemployment trust fund's annual balance each year for at least the previous five years. The chart must compare the ending balance for each year with the minimum reserves needed to withstand an average recession and a severe recession. (2) The annual assessment report also must contain an analysis of the cost paid to beneficiaries and cost-shifting, if any, from companies without a negative balance in their account fund to companies with a negative balance in their fund account. The analysis must be conducted with accepted actuarial principles on the basis of statistics of employment, business activity, and other relevant factors for the longest possible period. The analysis also must include recommendations for adjusting the tax structure to address inequities that arise due to cost-shifting. Effect of Amendment The 2010 amendment rewrote this section to require the Department of Workforce to file annual reports including trend charts and cost analyses.
S.C. Code Ann. § 41-31-45 — SC Code / Title 41 / Chapter 31 / Article 1 / Section 41-31-45
SECTION 41-31-45. Debt status estimates; promulgation of regulations.
Status: in_force

(A) For the purposes of this section: (1) "Average high cost multiple" means the number of years the department could pay unemployment compensation, based upon the statewide reserve ratio, if the department paid the compensation at a rate equivalent to the average benefit cost rate in the three calendar years during the previous twenty calendar years, or the last three recessions, in which the benefit cost rates were the highest. (2) "Benefit cost rate" means the rate determined by dividing the unemployment compensation benefits paid during a calendar year by the total covered wages in the State during that year. The calculation of the benefit cost rate may not include the wages and unemployment compensation paid by employers covered under Section 3309 of the Internal Revenue Code of 1986. (3) "Income needed to pay benefits" means the estimate of benefits payable in a given calendar year less the estimate of interest to be earned by the unemployment insurance trust fund for that calendar year. (4) "Statewide reserve ratio" means the ratio determined by dividing the balance in the trust fund reserve as of June thirtieth by the total covered wages for the previous twelve months in the State as of June thirtieth. The calculation of the statewide reserve ratio may not include the wages and unemployment compensation paid by employers covered under Section 3309 of the Internal Revenue Code of 1986. (5) "Fund adequacy target" means an average high-cost multiple of one. (6) "Trust fund reserve" excludes distributions from the federal government pursuant to 42 U.S.C. 1103, commonly referred to as the Reed Act. (B) For each calendar year during which the state Unemployment Insurance Trust Fund is in debt status, the department must estimate the amount of income necessary to pay benefits for that year, the amount of income necessary to avoid automatic FUTA credit reductions, and an amount of income necessary to repay all outstanding federal loans within five years. Additional estimates of interest costs shall be determined concurrently. (1) Estimates of the revenue needed to pay benefits will be based on Congressional Budget Office projections for the subsequent calendar year's total unemployment rate. This total unemployment rate will be adjusted for South Carolina based on the historic relationship between the unemployment rate in South Carolina and the national unemployment rate calculated from 1980 to present. (2) The historic relationship, calculated from 1980 to present, between the total unemployment rate and the insured unemployment rate in South Carolina will be used to adjust the projected total unemployment rate to the rate of insured unemployment. (3) Estimates of forecasted benefits will be based upon the prior three year average of the annual number of weeks compensated multiplied by an estimate of the average weekly benefit for the next year. (4) Estimates of amounts to pay to avoid FUTA credit reductions and amount of repayments on the loan will be projected through consultation with officials at the US Department of Labor. (C) After the fund returns to solvency, the department must promulgate regulations concerning the income needed to pay benefits in each year and return the trust fund to an adequate level as defined in subsection (A)(5).
S.C. Code Ann. § 41-33-460 — SC Code / Title 41 / Chapter 33 / Article 3 / Section 41-33-460
SECTION 41-33-460. State shall replace funds lost or improperly spent.
Status: in_force

Money in the Department of Employment and Workforce administration fund, paid to this State under Title III of the Social Security Act and the Wagner-Peyser Act, found by the Secretary of Labor, or his successors, because of an action or contingency, to have been lost or expended for a purpose other than, or in an amount in excess of, those found necessary by the Secretary of Labor, for the proper administration of the department's employment and workforce program, it is the policy of this State that the money must be replaced by money appropriated for this purpose from the general funds of this State to the Department of Employment and Workforce administration fund for expenditures as provided in Section 41-33-430. Funds that have been expended by the department or its agents pursuant to a budget approved by the Secretary of Labor, pursuant to the general standards and limitations promulgated by the Secretary of Labor, before this expenditure, when proposed expenditures have not been specifically disapproved by the Secretary of Labor, must not be considered to require replacement. Effect of Amendment The 2010 amendment substituted "department" for "Commission"; and made other nonsubstantive changes. The 2011 amendment twice substituted "Department of Employment and Workforce" for "employment security", and substituted "department's employment and workforce program" for "employment security program".
S.C. Code Ann. § 41-21-110 — SC Code / Title 41 / Chapter 21 / Section 41-21-110
SECTION 41-21-110. Junior Firefighters Program.
Status: in_force

(A) The Director of the Department of Labor, Licensing and Regulation, in cooperation with the State Firefighters Association, may establish a junior firefighters program, consistent with all applicable state and federal child labor laws, for the purpose of encouraging, educating, and training qualified youth to enter the fire service as a career. Notwithstanding any other provision of law, qualified youth under eighteen years of age shall be allowed to participate in training activities offered by local fire departments, the Office of the State Fire Marshall, and the Department of Labor, Licensing and Regulation. As used in this subsection, the term "qualified youth" means an uncompensated fire department or rescue squad member who is between fourteen and eighteen years of age. (B) Participants in the junior firefighters program are not considered employees of the State and are not considered eligible for unemployment compensation upon termination from the program; however, participants are entitled to all other work benefits, including workers' compensation or its equivalent.
S.C. Code Ann. § 41-27-640 — SC Code / Title 41 / Chapter 27 / Article 5 / Section 41-27-640
SECTION 41-27-640. Extension of unemployment insurance coverage to political subdivisions mandated by P.L. 94-566.
Status: repealed

Notwithstanding the provisions of this act, any extension of unemployment insurance coverage to political subdivisions in this State mandated by P.L. 94-566 shall be continued in effect at the option of the governing body of the political subdivision to the extent any part of the coverage mandated in P.L. 94-566 upon state and local government is either declared unconstitutional by the Supreme Court of the United States, or is repealed by an act of Congress. If P.L. 94-566 or the federal acts it amends is stayed pendente lite as to the employees of this State or one of its cities or counties by any court of competent jurisdiction, the coverage of all employees under this law is automatically stayed.
S.C. Code Ann. § 41-43-250 — SC Code / Title 41 / Chapter 43 / Section 41-43-250
SECTION 41-43-250. Protection of confidential information.
Status: in_force

Any information submitted to or compiled by the authority in connection with the identity, background, finances, marketing plans, trade secrets, or any other commercially sensitive information of persons, firms, associations, partnerships, agencies, corporations, or other entities, is confidential, except to the extent that the person or entity consents to disclosure.
S.C. Code Ann. § 41-31-70 — SC Code / Title 41 / Chapter 31 / Article 1 / Section 41-31-70
SECTION 41-31-70. Account shall not be terminated on account of suspension of business for service in armed forces.
Status: in_force

If the department finds that an employer ceased to render employment solely due to the closing of the business because of the entrance of one or more of the owners, officers, partners, or the majority stockholders into the Armed Forces of the United States, or any of its allies, or of the United Nations after January 1, 1951, such employer's account shall not be terminated; and, if the business is resumed and employment rendered within two years after the discharge or release from active duty in the armed forces of the person or persons, the employer's experience shall be deemed to have been continuous throughout that period. The benefit ratio of the employer shall be the amount calculated pursuant to Section 41-31-5, including benefits paid to any individual during the period the employer was in the armed forces. This provision shall not be construed to authorize cash refunds and any adjustments required hereunder only shall be by credit certificate. Effect of Amendment The 2010 amendment substituted "department" for "Commission" in the first sentence, and rewrote the second sentence. The 2011 amendment in the second sentence deleted ", divided by his average annual payroll for the most recent year during the whole of which the employer has been in business and has rendered employment".
S.C. Code Ann. § 41-8-100 — SC Code / Title 41 / Chapter 8 / Section 41-8-100
SECTION 41-8-100. Compliance with federal immigration requirements.
Status: in_force

Nothing in this chapter shall be construed to abrogate a private employer's obligation to comply with federal immigration law, including the proper completing and maintaining of federal employment eligibility verification forms or documents.
S.C. Code Ann. § 41-35-320 — SC Code / Title 41 / Chapter 35 / Article 3 / Section 41-35-320
SECTION 41-35-320. Payment of extended unemployment security benefits when federally funded.
Status: in_force

(1) For a week in which one hundred percent federal sharing funding is available, there is an "on" indicator for a week: (a) beginning after March 7, 2009; and (b) ending four weeks before the last week of unemployment for which one hundred percent federal sharing is available under Section 2005(a) of Public Law No. 111-5, or an amendment of this provision, without regard to the extension of federal sharing for certain claims as provided under Section 2005(c) of this law. (2) There is a state "on" indicator for this State for a week in which the United States Secretary of Labor determines that for the period consisting of the most recent three months, the rate of total unemployment, seasonally adjusted, equaled or exceeded six and a half percent, and the average rate of total unemployment for the State, seasonally adjusted, as determined by the United States Secretary of Labor for this period equals or exceeds one hundred ten percent of the average unemployment for the State in one or more of the corresponding three-month periods ending in the two preceding calendar years. (3)(a) Effective with respect to weeks beginning in a "high unemployment period", Section 41-35-440 must be applied by substituting: (i) "eighty percent" for "fifty percent" in item (1)(a) of that section; and (ii) "twenty;" for "thirteen" in item (1)(b) of that section. (b) For the purpose of this section, a "high unemployment period" exists during a period in which an extended benefit period would be in effect by substituting "eight percent" for "six and a half percent" in subsection (2). (4) There is a state "off" indicator for the purpose of this section when a condition of subsection (2) is not satisfied. (5) Notwithstanding a provision of Section 41-35-380, an individual's "eligibility period" must include an eligibility period provided in Section 2005(b) of Public Law 111-5 and an amendment of this provision. (6) The department shall implement procedures to allow retroactive claims, but these procedures must conform to conditions of federal funding. Effect of Amendment The 2011 amendment, in subsection (2) substituted "in one or more" for "for either or both" and "three preceding calendar years" for "two preceding calendar years"; and in subsection (6) substituted "department" for "commission". 2021 Act No. 47, SECTION 1, in (2), substituted "two preceding calendar years" for "three preceding calendar years".
S.C. Code Ann. § 41-35-710 — SC Code / Title 41 / Chapter 35 / Article 5 / Section 41-35-710
SECTION 41-35-710. Appellate Panel review of appeal tribunal decision.
Status: in_force

The Department of Employment and Workforce Appellate Panel may on its own motion affirm, modify, or set aside a decision of an appeal tribunal on the basis of evidence previously submitted in the case; direct the taking of additional evidence; or permit a party to the decision to initiate further appeals before it. The appellate panel must permit further appeals by a party to a decision of an appeal tribunal and by the examiner whose decision has been overruled or modified by an appeal tribunal. The appellate panel may remove to itself or transfer to another appeal tribunal the proceedings on a claim pending before an appeal tribunal. Proceedings removed to the appellate panel must be heard by a quorum pursuant to the requirements of Sections 41-35-690 and 41-35-720. The appellate panel promptly must notify a party to a proceeding of its findings and decision. Effect of Amendment The 2010 amendment rewrote this section to authorize the Workforce Department Appellate Panel to review decisions of appeal tribunals.
S.C. Code Ann. § 41-35-430 — SC Code / Title 41 / Chapter 35 / Article 3 / Section 41-35-430
SECTION 41-35-430. Weekly extended benefit amount.
Status: in_force

The weekly extended benefit amount payable to an individual for a week of total unemployment in his eligibility period shall be an amount equal to the weekly benefit amount payable to him during his applicable benefit year. For any individual who was paid benefits during the applicable benefit year in accordance with more than one weekly benefit amount, the weekly extended benefit amount shall be the average of such weekly benefit amounts.
S.C. Code Ann. § 41-43-160 — SC Code / Title 41 / Chapter 43 / Section 41-43-160
SECTION 41-43-160. Loan programs; authorized purposes; authority's powers as to loans.
Status: in_force

The authority may utilize any of its program funds to establish loan programs pursuant to this section for the purpose of reducing the cost of capital to business enterprises which meet the eligibility requirements of Section 41-43-150. Proceeds of loans under this section are utilized: (i) to acquire, by construction or purchase, land and buildings or other improvements thereon, machinery, equipment, office furnishings or other depreciable assets, or for research and design costs, legal and accounting fees, or other expenses in connection with the acquisition or construction thereof; or (ii) for the research, testing, and developing of new products, machinery, equipment, and industrial or commercial processes, and the initial marketing thereof. Loan proceeds also may be used to finance working capital. The authority shall require as a condition of each loan made pursuant to this section that the loan must be serviced by a loan administrator which meets criteria established by the authority. The authority may make direct loans to any eligible business enterprises upon terms which require the proceeds of the loan to be used for qualified purposes and upon such other terms and conditions as the authority may require. The authority may make loans to lending institutions upon terms and conditions which require each lending institution to disburse the loan proceeds for new loans to eligible businesses for qualified purposes in an aggregate principal amount of not less than the amount of the loan. The authority must require of each lender to which it has made a loan evidence satisfactory to it of the making of new loans which satisfy the requirements of this item and of the regulations of the authority. In this connection, the authority, through its agents, may inspect the books and records of such lender to verify that the requirements are being met. The authority must require that each lender receiving a loan pursuant to this section issue and deliver to the authority evidence of its indebtedness to the authority which constitutes a general obligation of the lender. The evidence of indebtedness must bear a date, time of maturity, be subject to prepayment, and contain any other provisions consistent with this section and related to protecting the security of the authority's investment and the bonds issued by the authority in connection with such loan. The authority may purchase, and make advance commitments to purchase, from lending institutions loans to eligible business enterprises. The purchase price for each loan which the authority purchases pursuant to this paragraph is not to exceed the total of the unpaid principal balance of the loan purchased plus accrued interest. The authority must require each lender from which the authority purchases, or commits to purchase, a loan to submit evidence satisfactory to the authority that the loan satisfies the conditions of this section and of the regulations of the authority. In this connection, the authority, through its agents, may inspect the books and records of a lender to verify that the conditions have been met. The authority must require the recording of an assignment of each mortgage or secured loan purchased by it from a lender and need not notify the borrower of its purchase of the mortgage or secured loan. The authority is not required to inspect or take possession of the loan documents if the lender from which the loan document is purchased enters into a contract to service the loan and account for it to the authority. The authority may: (i) renegotiate a loan in default, waive a default, or consent to the modification of the terms of a loan; (ii) forgive or forbear all or part of a loan; (iii) prosecute and enforce a judgment in any action, including but not limited to a foreclosure action; (iv) protect or enforce any right conferred upon it by law, or by any loan, contract, or other agreement. In connection with any action, the authority may bid for and purchase collateral or take possession of it, administer it, or pay the principal of and interest on any obligation incurred in connection with the collateral and dispose of and otherwise deal with the property securing the loan in default. Effect of Amendment The 1992 amendment, in the next-to-last sentence of the first paragraph, deleted the condition, for loan proceeds to be used to finance working capital, that the business be located in a distressed area or that the proceeds be intended to finance the sale of certain exports; and added the last sentence of the first paragraph.
S.C. Code Ann. § 41-33-180 — SC Code / Title 41 / Chapter 33 / Article 1 / Section 41-33-180
SECTION 41-33-180. Withdrawals from unemployment trust fund for certain federal benefits.
Status: in_force

Money also may be requisitioned from this State's account in the unemployment trust fund for the payment of benefits under an unemployment compensation, unemployment insurance, or unemployment benefit law administered by a bureau, department, division, agency, or instrumentality of the United States to which the department has made available its personnel and facilities for the taking, processing, determination, and paying of claims pursuant to Section 41-29-230. No money may be drawn from the unemployment trust fund for the purpose of paying benefits for or on behalf of the United States unless a provision first is made by law, agreement, or contract for the reimbursement of the money by the bureau, department, division, agency, or instrumentality of the United States for or on behalf of which the benefits have been paid. Effect of Amendment The 2010 amendment substituted "department" for "Commission"; and made other nonsubstantive changes.
S.C. Code Ann. § 41-31-110 — SC Code / Title 41 / Chapter 31 / Article 1 / Section 41-31-110
SECTION 41-31-110. Computation of base rates applicable to successors.
Status: in_force

(A) Whenever any person or other legal entity has in any manner succeeded to or has acquired substantially all or a distinct and severable portion of the business of another, as provided in Sections 41-31-100 and 41-31-120, the base rates of contributions are computed as follows: (1) If the successor is not already an employer at the time of the acquisition, the base rate of contributions applicable to the predecessor employer with respect to the period immediately preceding the date of acquisition, if there is only one predecessor employer, shall apply to the successor employer for the remainder of the calendar year. (2) If the successor is not already an employer at the time of the acquisition and there is more than one transferring employer with a different base rate, the successor employer is assigned the base rate of that transferring employer who has the highest base rate. (3) If the successor is already an employer at the time of the acquisition, the base rate of contributions applicable at the time of the acquisition to the successor employer shall continue to be the applicable base rate. (B) For the purposes of items (1), (2), and (3) in subsection (A), the base rate as assigned continues in effect for the remainder of the calendar year and until the time the combined employment benefit experience record meets the requirements as provided in Section 41-31-40. Effect of Amendment The 1986 amendment made grammatical changes in this section; substituted "for the remainder of the calendar year" for "until the next computation date" and added the provision relative to computation of the rate for the subsequent calendar year in item (a); and, in the last paragraph, substituted "for the remainder of the calendar year" for "until the next computation date under SECTION 41-31-50", added provisions relative to computation of the rate for the subsequent calendar year, and added "and at such time as provided in SECTION 41-31-40". The 1999 amendment substituted "base rate" for "rate" throughout, and made other minor changes. The 2002 amendment, in paragraph (a), deleted the last sentence which formerly read, "The base rate for the subsequent calendar year is computed based upon the employment benefit experience record of the predecessor or upon the combined employment benefit experience record of the predecessor and the successor, if applicable, as of June thirtieth of the year in which the acquisition occurred."; in paragraphs (b) and (c), substituted "for the remainder of the year" for "until the end of the quarter in which the succession occurs"; and rewrote the last undesignated paragraph. The 2010 amendment added the subsection (A) and (B) identifiers; changed the paragraph (a), (b), and (c) identifiers to (1), (2), and (3); in subsection (A)(2) deleted at the end text relating to the applicability of the base rate for the remainder of the year; and in subsection (A)(2) substituted "base rate." for "for the remainder of the year.".
S.C. Code Ann. § 41-14-130 — SC Code / Title 41 / Chapter 14 / Section 41-14-130
SECTION 41-14-130. Correction of deficiencies and temporary cessation of operation orders.
Status: in_force

(A) If a report filed pursuant to this section shows that a boiler fails to comply with the regulations of the department, the department may issue a written order directing that the deficiencies be corrected and setting a date for correction. (B) The department may issue a written order for the temporary cessation or operation of a boiler because of faulty installation or incorrect repair if the boiler has been determined after inspection to be hazardous or unsafe. Operations must not resume until the conditions are corrected to the satisfaction of the director or his designee.
S.C. Code Ann. § 41-31-810 — SC Code / Title 41 / Chapter 31 / Article 7 / Section 41-31-810
SECTION 41-31-810. Application of Article 5.
Status: in_force

Benefits paid to employees of a governmental entity as provided for by Sections 41-27-210(5), 41-27-230(2), and 41-35-10, shall be financed to the same extent, in similar manner, and by like procedure as is set out in Article 5 of this chapter with respect to the financing of benefits paid to employees of nonprofit organizations, except that the provisions of Section 41-31-640 shall not be applicable thereto, and except that for the purposes of Section 41-31-670 no governmental entity as defined in Section 41-27-230(2) may use any credit balance in its experience rating account for payment, credit, set off, or reduction of reimbursement of any amount of regular or extended benefits attributable to service in its employment. Effect of Amendment The 2010 amendment made no apparent change to this section.
S.C. Code Ann. § 41-18-330 — SC Code / Title 41 / Chapter 18 / Article 3 / Section 41-18-330
SECTION 41-18-330. Obligations of parents and guardians of riders.
Status: in_force

Parents or guardians of riders have a duty to ensure that the rider complies with all provisions of this article.
S.C. Code Ann. § 41-13-25 — SC Code / Title 41 / Chapter 13 / Section 41-13-25
SECTION 41-13-25. Penalties for violating child labor regulations.
Status: in_force

(A) As determined by the Director of the Department of Labor, Licensing and Regulation or the director's designee, an employer who violates a child labor regulation promulgated pursuant to this chapter must be given a written warning of the violation for a first offense or may be fined not more than one thousand dollars. For second or subsequent offenses, an employer may be fined not more than five thousand dollars for each offense. The director shall determine the amount of the penalty pursuant to procedures promulgated by the department in regulation for assessing penalties under this chapter. These regulations shall include the method for determining penalties based on the size of the business of the employer being charged, the gravity of the violation, the good faith of the employer, and the history of previous violations of the employer. (B) The findings of the director, including the amount of the fine, are final unless within thirty days after receipt of their notice by certified mail the employer requests in writing to the director a review of the findings or the amount of the fine. If a request for review is made to the director, a final determination must be made after an opportunity for a hearing pursuant to the Administrative Procedures Act. (C) The amount of the fine as finally determined may be recovered in a civil action brought in a court of competent jurisdiction and deposited in the state general fund. Effect of Amendment The 1989 amendment rewrote this section, deleting provisions for criminal penalties. The 1993 amendment substituted "Director of the Department of Labor, Licensing, and Regulation or his designee" for "Commissioner of Labor". The 1998 amendment rewrote subsection (A) and substituted "director" for "commissioner" throughout subsection (B).
S.C. Code Ann. § 41-37-20 — SC Code / Title 41 / Chapter 37 / Section 41-37-20
SECTION 41-37-20. Election as to coverage.
Status: in_force

(A) An employing unit not otherwise subject to Chapters 27 through 41 of this title, which files with the department its written election to become an employer subject to these chapters for not less than two calendar years, with the written approval of the election by the department, must become an employer subject to the same extent as all other employers as of the date stated in the approval and must cease to be subject to these chapters as of January first of a calendar year subsequent to the two calendar years if by the thirtieth day of April of that year it has filed with the department a written notice to that effect. (B) An employing unit, for which services that do not constitute employment as defined in Chapters 27 through 41 of this title are performed, may file with the department a written election that services performed by an individual in its employment in one or more distinct establishments or places of business must be considered to constitute employment by an employer for the purposes of those chapters for not less than two calendar years. On the written approval of this election by the department, these services must be considered to constitute employment subject to those chapters from and after the date stated in the approval. These services cease to be considered employment subject to these chapters as of January first of a calendar year subsequent to those two calendar years if by the thirtieth day of April of that year the employing unit files with the department a written notice to that effect. Effect of Amendment The 2010 amendment redesignated subsections (1) and (2) as (A) and (B), respectively; substituted "department" for six occurrences of "Commission"; and made other nonsubstantive changes throughout the section.
S.C. Code Ann. § 41-27-310 — SC Code / Title 41 / Chapter 27 / Article 3 / Section 41-27-310
SECTION 41-27-310. Insured worker.
Status: in_force

An "insured worker" is an individual who has been paid wages in his base period for insured work equal to or exceeding one and one-half times the total of his wages paid in the quarter of such base period in which his wages for insured work were highest; provided, however, that no individual shall qualify as an insured worker unless he has been paid at least four thousand four hundred fifty-five dollars in his base period for insured work and one thousand ninety-two dollars in that quarter of his base period in which such wages were highest. This section must not be applied to individuals who were found qualified to receive unemployment benefits prior to enactment of this section. Effect of Amendment The 2010 amendment in the first paragraph substituted "four thousand four hundred fifty-five dollars" for "nine hundred dollars" and "one thousand ninety-two dollars" for "five hundred forty dollars", and added the second paragraph relating to application of the section.
S.C. Code Ann. § 41-16-70 — SC Code / Title 41 / Chapter 16 / Section 41-16-70
SECTION 41-16-70. Inspections.
Status: in_force

All new and existing facilities, except dormant facilities, must be tested and inspected in accordance with the following schedule: 1. Every new or altered facility must be inspected and tested before the operating permit is issued. 2. Every existing facility registered with the Director must be inspected within one year after the effective date of the registration, except that the Director may, at his discretion, extend by regulation the time specified for making inspections. 3. Every facility must be inspected not less frequently than annually, except that the Director may adopt regulations providing for inspections of facilities at intervals other than annually. 4. The inspections required by items 1 to 3 of this section must be made only by inspectors or special inspectors. An inspection by a special inspector may be accepted by the Director in lieu of a required inspection by an inspector. 5. A report of every inspection must be filed with the Director by the inspector or special inspector, on a form approved by and containing all information required by the Director, after the inspection has been completed and within the time provided by regulation, but not to exceed thirty days. The report shall include all information required by the Director to determine whether the owner of the facility has complied with applicable regulations. For the inspection required by item 1, the report shall indicate whether the facility has been installed in accordance with the detailed plans and specifications approved by the Director and meets the requirements of the applicable regulations. 6. In addition to the inspections required by items 1 to 3, the Director may provide by regulation for additional inspections he considers necessary to enforce the provisions of this chapter.
S.C. Code Ann. § 41-35-680 — SC Code / Title 41 / Chapter 35 / Article 5 / Section 41-35-680
SECTION 41-35-680. Decision on appeal.
Status: in_force

Unless an appeal is withdrawn, an appeal tribunal, after affording the parties reasonable opportunity for a fair hearing, after notice of not less than seven days, must make findings and conclusions promptly and on the basis of the findings and conclusions affirm, modify, or reverse the determination or redetermination within thirty days from the date of the hearing. Each party promptly must be furnished a copy of the decision, including the reasons for the decision. This must be considered the final decision of the department, unless within ten days after the date of mailing the decision a further appeal is initiated pursuant to Section 41-35-710. Effect of Amendment The 2002 amendment, in the first sentence, inserted "of the findings and conclusions" preceding "affirm"; in the second sentence, substituted "including" for "together with", deleted "therefore" and inserted "for the decision" following "reasons"; and made nonsubstantive changes throughout. The 2010 amendment substituted "department" for "commission"; and made other nonsubstantive changes.
S.C. Code Ann. § 41-33-430 — SC Code / Title 41 / Chapter 33 / Article 3 / Section 41-33-430
SECTION 41-33-430. Use of fund; requisitions and warrants.
Status: in_force

Monies deposited or paid into the fund are appropriated and made available to the department. Money in this fund must be expended solely for the purpose of defraying the cost of the administration of Chapters 27 through 41 of this title and for no other purpose. A balance in the fund may not lapse at any time but continuously must be available to the department for expenditure consistent with Chapters 27 through 41 of this title. The department shall issue its requisition approved by the director or a designated individual, officer, or agent for payment of the costs of administration to the Comptroller General who shall draw his warrant in the usual form provided by law on the State Treasurer, who shall pay it by check on the Department of Employment and Workforce administration fund. Effect of Amendment The 2010 amendment substituted "department" for three occurrences of "Commission"; and made other nonsubstantive changes. The 2011 amendment, in the fourth sentence, substituted "director" for "chairman", "individual" for "member", and "Department of Employment and Workforce" for "employment security".
S.C. Code Ann. § 41-18-40 — SC Code / Title 41 / Chapter 18 / Article 1 / Section 41-18-40
SECTION 41-18-40. Definitions.
Status: in_force

As used in this chapter, except as otherwise expressly provided: (1) "Amusement device" means any mechanical device or combination of devices which carries or conveys passengers on, along, around, over, or through a fixed or restricted course or within a defined area for the purpose of giving its passengers amusement, pleasure, or excitement. (2) "Amusement park" means a tract or area used principally as a permanent location for amusement devices or structures. (3) "Director" means the Director of the South Carolina Department of Labor, Licensing and Regulation or the director's designee or representative. (4) "Catapulting amusement ride" means an amusement ride whereby a person, or persons, riding in a safety car, or other suitable safety device, is attached to wire ropes or cables that may be attached to springs or other devices similar in design or use which are engineered to simulate bungee catapulting or reverse bungee jumping as defined in Section 52-19-50(5) whereby a person or passenger is released from a fixed position, thus catapulting or otherwise launching the jumper or passenger into the air or toward the ground. (5) "Carnival" means an itinerant enterprise consisting principally of temporary amusement devices or mechanical rides operated to provide entertainment or amusement to the public. (6) "Fair" means an enterprise principally devoted to the exhibition of the products of agriculture or industry and at which amusement devices or temporary structures are provided for use by the public. (7) "Owner" means a person, corporation, partnership, or association who owns an amusement device or, in the event that the amusement device is leased, the lessee. (8) "Permanent device" means a device which is used, or intended to be used, as an amusement device that is erected to remain a lasting part of the premises. (9) "Temporary device" means a device which is used as an amusement device that is regularly relocated with or without disassembly. (10) "Serious injury" means an injury that results in death or requires immediate in-patient hospitalization. A fracture or disfigurement is considered a serious injury even if no hospitalization is required. Notwithstanding the definition of serious injury, the owner or lessee of any amusement device under this section must maintain permanent records of all injuries sustained by participants utilizing the amusement. These records shall be open for inspection by any authorized representative of the department. (11) "Safety coordinator" means a person suited by training or experience and designated by the owner or operator of an amusement park, fair, or carnival as being in charge of the safety of all amusement devices located at the park, fair, or carnival. (12) "Department" means the South Carolina Department of Labor, Licensing and Regulation. (13) "Special inspector" means an inspector licensed by the director and not employed by the department. (14) "Catastrophic accident" means an incident resulting in fatality or three or more injuries resulting in hospitalization. (15)(a) "Concession go-kart" means an amusement ride or device that: (i) is a single vehicle, unattached to other vehicles or a common frame system; (ii) is powered without connection to a common energy source; (iii) is driver-controlled with respect to acceleration, speed, braking, and steering; (iv) operates within the containment system of a defined track; (v) simulates competitive motor sports; and (vi) is used by members of the general public for a fee. (b) A concession go-kart has a maximum capacity of two persons and no cargo capacity. (16) "Super-kart" means an open-wheel motorsport vehicle, with or without gearbox or shifter capability, used for racing in excess of fifty miles per hour. Super-kart does not mean "concession go-kart" as defined by this section. Effect of Amendment The 1986 amendment added the provision defining "special inspector" (item (12)). The first 1993 amendment deleted "the following terms have the meanings indicated" from the introductory statement; in (8) "Temporary device" deleted "from time to time" following "relocated"; in (9) "serious injury" deleted "results in death or" following "injury that" and added "minor" preceding "burns"; and added (13) "catastrophic accident". The second 1993 amendment in subsections (3) and (11), substituted "Division of Labor" for "Department of Labor". The 1998 amendment, throughout subsections (3), (11), and (12), substituted "director" for "commissioner" and reflected the department name change of the Division of Labor to the Department of Labor, Licensing and Regulation. The 1999 amendment rewrote subsection (9). The 2005 amendment added item (4) defining "catapulting amusement ride" and redesignated items (4) to (13) as items (5) to (14). 2018 Act No. 188, SECTION 2, added (15) and (16), relating to the definitions of "Concession go-kart" and "Super-kart".
S.C. Code Ann. § 41-33-150 — SC Code / Title 41 / Chapter 33 / Article 1 / Section 41-33-150
SECTION 41-33-150. Appropriation law required for requisitions from unemployment trust fund for payment of administrative expenses; warrants.
Status: in_force

Money credited to the account of this State in the unemployment trust fund by the Secretary of the Treasury of the United States pursuant to Section 903 of the Social Security Act, as amended, may be requisitioned and used for the payment of expenses incurred for the administration of Chapters 27 through 41 of this title pursuant to a specific appropriation by the General Assembly, provided that the expenses are incurred and the money is requisitioned after the enactment of an appropriation law which: (1) specifies the purposes for which the money is appropriated and the amounts appropriated therefor; (2) limits the period within which the money may be obligated to a period ending not more than two years after the date of the enactment of the appropriation law; (3) limits the amount which may be obligated during any twelve-month period beginning on July first and ending on the next June thirtieth to an amount which does not exceed the amount by which (a) the aggregate of the amounts credited to the account of this State pursuant to Section 903 of the Social Security Act, as amended, during the same twelve-month period and the twenty-fourth preceding twelve-month periods, exceeds (b) the aggregate of the amounts obligated for administration and paid out for benefits and charged against the amounts credited to the account of this State during the twenty-five twelve-month periods; and (4) an appropriation pursuant to this section also shall incorporate those requirements specified in Section 903(c) of the Social Security Act, as amended, as a condition of payment of expenses of administration. Effect of Amendment The 1991 amendment in the first paragraph changed the word "legislature" to "General Assembly"; added item (4); and made grammatical changes.
S.C. Code Ann. § 41-33-420 — SC Code / Title 41 / Chapter 33 / Article 3 / Section 41-33-420
SECTION 41-33-420. Deposit, administration, and disbursement of fund.
Status: in_force

All money in the Department of Employment and Workforce administration fund shall be deposited, administered, and disbursed in the same manner and under the same conditions and requirements as are provided by law for other special funds in the State Treasury, except that money in this fund shall not be commingled with other state funds, but shall be maintained in a separate account on the books of a depository bank. They shall be secured by such bank or banks by such securities or surety bond as required by law of depositories of state funds. Effect of Amendment The 2011 amendment, in the first sentence, substituted "Department of Employment and Workforce" for "employment security"; and in the first and second sentences, substituted "state funds" for "State funds".
S.C. Code Ann. § 41-27-520 — SC Code / Title 41 / Chapter 27 / Article 5 / Section 41-27-520
SECTION 41-27-520. Included and excluded service.
Status: in_force

If the services performed during one half or more of any pay period by an individual for the person employing him constitute employment, all the services of such individual for such period shall be deemed to be employment; but if the services performed during more than one half of any such pay period by an individual for the person employing him do not constitute employment, then none of the services of such individual for such period shall be deemed to be employment. As used in this section the term "pay-period" means a period of not more than thirty-one consecutive days for which a payment of remuneration is ordinarily made to the individual by the person employing him. This section shall not be applicable with respect to services performed in a pay period by an individual for the person employing him when any such service is excepted by item (8) of Section 41-27-260.
S.C. Code Ann. § 41-37-10 — SC Code / Title 41 / Chapter 37 / Section 41-37-10
SECTION 41-37-10. Period of coverage generally.
Status: in_force

Except as provided in Section 41-37-20, any employing unit which is or becomes an employer subject to Chapters 27 through 41 of this Title within any calendar year shall be subject to such chapters during the whole of such calendar year.
S.C. Code Ann. § 41-35-640 — SC Code / Title 41 / Chapter 35 / Article 5 / Section 41-35-640
SECTION 41-35-640. Reconsideration of determinations.
Status: in_force

(A) An initial determination may for good cause be reconsidered. A party entitled to notice of an initial determination may apply for a reconsideration not later than ten days after the determination was mailed to his last known address. Notice of the redetermination must be promptly given in the manner prescribed in this article with respect to notice of an initial determination. (B) An initial determination must be reconsidered when the department finds an error in computation or of a similar character has occurred in connection with it or that wages of the claimant pertinent to the determination, but not considered in connection with it, have been newly discovered. However, this redetermination must not be made after one year from the date of the original determination. The reconsidered determination supersedes the original determination. Notice of this redetermination promptly must be given in the manner prescribed in this article with respect to notice of an original determination. Subject to the same limitations and for the same reasons, the department may reconsider a determination in a case where a final decision is rendered by an appeal tribunal, the department, or a court, and, after notice to and the expiration of the period for appeal by the persons entitled to notice of the final decision, may apply to the body or court that rendered the final decision and seek a revised decision. In the event that an appeal involving an original determination is pending on the date a redetermination is issued, the appeal, unless withdrawn, must be treated as an appeal from the redetermination. Effect of Amendment The 2002 amendment, in subsection (1), in the second sentence, deleted "or otherwise delivered to him" following "address"; and in the third sentence, substituted "must" for "shall", and deleted the comma following "promptly given". The 2010 amendment redesignated subsections (1) and (2) as (A) and (B), respectively; substituted "department" for three occurrences of "Commission"; and made other nonsubstantive changes throughout the section.