S.C. Code Ann. § 41-30-710 — SC Code / Title 41 / Chapter 30 / Article 7 / Section 41-30-710
SECTION 41-30-710. Responsibilities of regional workforce advisors.
Status: in_force

(A) The OSWD shall provide oversight to the regional workforce advisors (RWA), which are to coordinate and facilitate the delivery of information, resources, and services to students, educators, employers, and the community as provided in this article. The OSWD shall ensure that RWA's are providing services in schools and directly to students regarding opportunities available to students in industries and businesses across the state. The department shall hire RWA's and shall seek input from the State Department of Education and others, as needed, in carrying out the requirements of this section. (B) The primary responsibilities of these advisors are to: (1) provide services to students and adults for career planning, employment seeking, training, and other support functions; (2) provide information, resources, and professional development programs to educators; (3) provide resources to school districts for compliance and accountability pursuant to the provisions of Chapter 59, Title 59; (4) provide information and resources to employers including, but not limited to, education partnerships, career-oriented learning, and training services; (5) facilitate local connections among businesses and those involved in education; and (6) work with school districts and institutions of higher education to create and coordinate workforce education programs. (C) Each RWA shall coordinate career development, and postsecondary transitioning for the schools in its region. (D) The RWAs shall provide data and reports that the department requests. (E) Each RWA's geographic area of responsibility must conform to the geographic configuration of the local areas designated pursuant to the Workforce Innovation and Opportunity Act, Pub.L. 113-128. Each RWA's geographic area of responsibility shall have an advisory board comprised of a school district superintendent, high school principal, local workforce investment board chairperson, technical college president, four-year college or university representative, career center director or school district career and technology education coordinator, parent-teacher organization representative, and business and civic leaders. Appointees must reside or do business in the geographic area of the RWA's geographic area of responsibility. Local legislative delegations shall make the appointments to their respective advisory boards. Editor's Note 2023 Act No. 67, SECTION 1, provides as follows: "SECTION 1. This act may be cited as the 'Statewide Education and Workforce Development Act'." Effect of Amendment 2023 Act No. 67, SECTION 2, rewrote the section.
S.C. Code Ann. § 41-39-30 — SC Code / Title 41 / Chapter 39 / Section 41-39-30
SECTION 41-39-30. Limitation on charging and amount of fees.
Status: in_force

An individual claiming benefits may not be charged a fee in a proceeding under Chapters 27 through 41 of this title by the department or its representatives or by a court or an officer, except an attorney, of it. An individual claiming a benefit in a proceeding before the department or a court may be represented by an attorney or other duly authorized agent, but an attorney or agent must not charge or receive for this service more than an amount approved by the department. A person who violates a provision of this section, for each offense, must be fined not less than fifty dollars nor more than five hundred dollars, imprisoned for not more than six months, or both. Effect of Amendment The 2010 amendment substituted "department" for three occurrences of "Commission"; and made other nonsubstantive changes. The 2011 amendment substituted "may be represented" for "must be represented" in the second sentence.
S.C. Code Ann. § 41-29-20 — SC Code / Title 41 / Chapter 29 / Section 41-29-20
SECTION 41-29-20. Department of Employment and Workforce; creation; executive director; appointment; removal; compensation.
Status: in_force

There is hereby created the South Carolina Department of Employment and Workforce which must be managed and operated by an executive director nominated by the State Department of Employment and Workforce Review Committee and appointed by the Governor. The term of the executive director is conterminous with that of the Governor and until a successor is appointed pursuant to this act. The executive director is subject to removal by the Governor as provided in Section 1-3-240(B). The executive director shall receive compensation as established under the provisions of Section 8-11-160 and for which funds have been authorized in the general appropriations act. For the purposes of this chapter, "department" means the South Carolina Department of Employment and Workforce. Effect of Amendment The 2010 amendment rewrote this section to create the South Carolina Department of Employment and Workforce and provide for appointment of its executive director.
S.C. Code Ann. § 41-18-110 — SC Code / Title 41 / Chapter 18 / Article 1 / Section 41-18-110
SECTION 41-18-110. Notice to owners and operators of amusement devices.
Status: in_force

Upon request, the director shall furnish to all owners, lessees, and operators of amusement devices notice of all rights and obligations under the provisions of this chapter upon receipt of permit applications. Effect of Amendment The 1993 amendment added "Upon request,". The 1998 amendment substituted "director" for "commissioner".
S.C. Code Ann. § 41-29-170 — SC Code / Title 41 / Chapter 29 / Section 41-29-170
SECTION 41-29-170. Permitted disclosure of information.
Status: in_force

(A) A claimant or his legal representative must be supplied with information from the records, to the extent necessary for the proper presentation of his claim in a proceeding pursuant to Chapters 27 through 41, subject to restrictions the department may prescribe by regulation. (B)(1) Upon written request, the department may furnish information obtained through the administration of Chapters 27 through 42 including, but not limited to, the name, address, ordinary occupation, wages, and employment status of a covered worker or recipient of benefits and the recipient's rights to additional benefits pursuant to Chapters 27 through 41, to: (a) an agency or agent of the United States charged with the administration of public works or assistance through public employment; (b) a state agency similarly charged or charged with workforce development or training or with jobs recruitment; (c) an agency or entity to which disclosure is permitted or required by federal statute or regulation or by state law; and (d) any private or public person or organization when the disclosure is necessary to permit private or public contracting parties to assist in the operation and management of the department in instances where certain departmental functions may be delegated to private or public parties to increase the department's efficiency or quality of service to the public. The private or public person or organization shall use the information or records solely for the purpose for which the information was disclosed and shall be bound by the same rules of privacy and confidentiality as department employees. (2) This disclosure is subject to restrictions the department may prescribe by regulation. (C)(1) The State Employment Office must furnish, upon request of a public agency administering the Temporary Assistance to Needy Families (TANF) or child support programs, a state agency administering food stamp coupons, a state or federal agency administering the new hire directory, or a public housing authority, information in its possession relating to: (a) an individual who is receiving, has received, or has applied for unemployment insurance; (b) the amount of benefits being received; (c) the current home address of these individuals; (d) whether an offer of work has been refused and, if so, a description of the job and the terms, conditions, and rate of pay; (e) in the case of requests from a public housing authority, a listing of the current employer and previous employers for the available preceding six calendar quarters; (f) in the case of requests from the state or federal agency that issues food stamp coupons or the new hire directory, a listing of the current employer and address and previous employers and their addresses, including wage information, for the available preceding six calendar quarters. The requesting agency is responsible for reimbursing the department for actual costs incurred in supplying the information. This information must be provided in the most useful and economical format possible. Effect of Amendment The 1995 amendment revised subsection (2) of this section. The 1997 amendment rewrote this section. The 2002 amendment, in subsection (A), deleted the second and third sentences; redesignated former subsection (B) as (C), and added a new subsection (B) relating to disclosure of covered worker information to specific agencies upon written request. The 2010 amendment substituted "department" for "commission" throughout this section; redesignated the subparagraphs of subsections (B) and (C); and made other nonsubstantive changes. The 2011 amendment in subsection (B)(1)(b), inserted "or charged with workforce development or training or with jobs recruitment", and deleted "and" at the end; in subsection (B)(1)(c), added "; and" at the end; and inserted subsection (B)(1)(d) relating to delegation of work to public or private parties.
S.C. Code Ann. § 41-43-220 — SC Code / Title 41 / Chapter 43 / Section 41-43-220
SECTION 41-43-220. Administrative funds not to be obligated except for administrative expenses.
Status: in_force

The authority must not incur any obligations, other than obligations related to administrative expenses, payable out of administrative funds. All other obligations are payable solely from program funds which limitation is clearly stated on the face of any bonds and in the text of any other obligation or contract. However, program funds may be used to pay administrative expenses. Effect of Amendment The 1992 amendment added the last sentence.
S.C. Code Ann. § 41-10-80 — SC Code / Title 41 / Chapter 10 / Section 41-10-80
SECTION 41-10-80. Violations and penalties; civil actions by employees; administrative review of civil penalties.
Status: in_force

(A) Any employer who violates the provisions of Section 41-10-30 must be given a written warning by the Director of the Department of Labor, Licensing and Regulation or his designee for the first offense and must be assessed a civil penalty of not more than one hundred dollars for each subsequent offense. (B) Any employer who violates the provisions of Section 41-10-40 must be assessed a civil penalty of not more than one hundred dollars for each violation. Each failure to pay constitutes a separate offense. (C) In case of any failure to pay wages due to an employee as required by Section 41-10-40 or 41-10-50 the employee may recover in a civil action an amount equal to three times the full amount of the unpaid wages, plus costs and reasonable attorney's fees as the court may allow. Any civil action for the recovery of wages must be commenced within three years after the wages become due. (D) The Director of the Department of Labor, Licensing and Regulation or his designee shall promulgate regulations to establish a procedure for administrative review of any civil penalty assessed by the Director. Effect of Amendment The 1990 amendment, in (C), added the provision requiring commencement of action within three years, and deleted (E), relating to criminal penalty for failing to pay wages within ten days after demand. The 1993 amendment, substituted "Director of the Department of Labor, Licensing, and Regulation or his designee" for "Commissioner of Labor".
S.C. Code Ann. § 41-18-170 — SC Code / Title 41 / Chapter 18 / Article 1 / Section 41-18-170
SECTION 41-18-170. Miniature train amusement ride requirements.
Status: in_force

A miniature train amusement ride must satisfy the following requirements before the Department of Labor, Licensing and Regulation may issue a permit or renewal permit: (1) the ride must have a properly operating speedometer; (2) the ride must have a device that allows the speed of the train to be regulated and the speed of the train must be set so as to only operate at or below the maximum speed recommended by the manufacturer; (3) all drivers operating the ride must be trained to operate the ride in accordance with the manufacturer's operation recommendations; a training record for each driver must be maintained by the owner or operator of the ride as long as the driver is employed by or operates the train on behalf of the owner or operator; and each driver must be tested by the department before the driver is authorized to operate the train; a driver employed to operate the train, or who will operate the train on behalf of the owner or operator, subsequent to the department issuing the permit or renewal permit does not affect the validity of the permit, so long as the driver does not operate the train until the driver has been tested by the department; and (4) the ride must be inspected mechanically, including, but not limited to, a speed test of the train to ensure that the train is operating in accordance with the requirements of item (2), and in accordance with this chapter or regulations promulgated pursuant to this chapter, but in no case less than an annual inspection. Editor's Note 2012 Act No. 129, SECTION 1, provides as follows: "This act may be cited as 'Benji's Law'."
S.C. Code Ann. § 41-35-420 — SC Code / Title 41 / Chapter 35 / Article 3 / Section 41-35-420
SECTION 41-35-420. Eligibility for extended benefits.
Status: in_force

(A) An individual is eligible to receive extended benefits with respect to any week of unemployment in his eligibility period only if the department finds that with respect to that week: (1) He is an "exhaustee" as defined in Section 41-35-390. (2) He has satisfied the requirements of Chapters 27 through 41 of this title for the receipt of regular benefits that are applicable to individuals claiming extended benefits, including not being subject to a disqualification for the receipt of benefits. (3) Except as provided in item (4), an individual must not be eligible for extended benefits for a week if: (a) extended benefits are payable for that week pursuant to an interstate claim filed in a state under the interstate benefit payment plan; and (b) no extended benefit period is in effect for that week in the State. (4) Item (3) of subsection (A) does not apply with respect to the first two weeks for which extended benefits are payable, determined without regard to this subsection, pursuant to an interstate claim filed under the interstate benefit payment plan to the individual with respect to the benefit year. (B)(1) Notwithstanding the provisions of Sections 41-35-410 and 41-35-420, effective for weeks beginning after March 31, 1981, an individual is disqualified from receipt of extended benefits if the department finds that during any week of his eligibility period he has failed either to apply for, or to accept an offer of, suitable work, as defined under item (4) of this subsection, to which he was referred by the department. (2) Notwithstanding the provisions of Sections 41-35-410 and 41-35-420, effective for weeks beginning after March 31, 1981, an individual is disqualified from receipt of extended benefits if the department finds that during any week of his eligibility period he has failed to furnish evidence that he has actively engaged in a systematic and sustained effort to find work. (3) This disqualification begins with the week in which the failure occurred and continues until he has been employed in each of four subsequent weeks, whether or not consecutive, and has earned remuneration equal to not less than four times his weekly extended benefit amount. (4) For the purposes of this subsection, the term "suitable work" means work within the individual's capabilities to perform if: (a) the gross average weekly remuneration payable for the work exceeds the sum of the individual's weekly extended benefit amount plus the amount, if any, of supplemental unemployment benefits, as defined in Section 501(c)(17)(D) of the Internal Revenue Code of 1954, payable to the individual for that week; (b) the wages payable for the work equal the higher of the minimum wages provided by Section 6(a)(1) of the Fair Labor Standards Act of 1938, without regard to an exemption, or the state or local minimum wage; (c) the position was offered to the individual in writing or was listed with the State Employment Service; (d) the work otherwise meets the definition of "suitable work" for regular benefits contained in subsection (5)(b) of Section 41-35-120 to the extent that the criteria of suitability are not inconsistent with the provisions of this item; and (e) the individual cannot furnish satisfactory evidence to the department that his prospects for obtaining work in his customary occupation within a reasonably short period of time are good. If the evidence is deemed satisfactory for this purpose, the determination of whether any work is suitable with respect to the individual must be made pursuant to the definition of suitable work contained in Section 41-35-120 without regard to the definition specified by this item (4). (C) Notwithstanding a provision of item (d) of this subsection to the contrary, work may not be considered suitable for an individual if it is not consistent with Section 41-35-120(5)(b). (D) For the purposes of item (2) of subsection (B), an individual must be treated as actively engaged in seeking work during a week if the individual: (1) has engaged in a systematic and sustained effort to obtain work during the week; (2) furnishes tangible evidence that he has engaged in an effort during the week. (E) The Employment Service must refer any claimant entitled to extended benefits under this chapter to any suitable work that meets the criteria prescribed in item (4) of subsection (B). (F) An individual must not be eligible to receive an extended benefit with respect to a week of unemployment in his eligibility period if he has been disqualified for regular or extended benefits under the chapter because he voluntarily left work, was discharged for cause, or failed to accept an offer of or apply for suitable work unless the disqualification imposed for these reasons has been terminated pursuant to specific conditions established under the South Carolina Employment Security Law requiring the individual to perform service for remuneration subsequent to the date of the disqualification. If the disqualification imposed did not require the individual to perform service for remuneration subsequent to the date of the disqualification, the individual is ineligible for an extended benefit beginning with the effective date of the request for initiation of an extended benefit claim series and continuing until he secures employment and shows to the department's satisfaction that he has worked in each of at least four different weeks, whether or not those weeks are consecutive, and earned wages equal to at least four times the weekly benefit amount of his claim. Effect of Amendment The 1993 amendment, in the first paragraph of subsection (6), substituted "discharged for cause" for "discharged for misconduct"; and made grammatical changes. The 2010 amendment substituted "department" for "commission" throughout the section; redesignated all of the subsections in the section; and made other nonsubstantive changes.
S.C. Code Ann. § 41-39-40 — SC Code / Title 41 / Chapter 39 / Section 41-39-40
SECTION 41-39-40. Income tax withholding from unemployment compensation.
Status: in_force

(A) As of January 1, 1997, an individual filing an initial claim for unemployment compensation must be advised at the time of the filing of the claim that: (1) unemployment compensation is subject to federal and state income taxation; (2) requirements exist pertaining to estimated tax payments; (3) the individual may elect to have federal income tax deducted and withheld from the individual's payment of unemployment compensation at the rate specified in the Internal Revenue Code of 1986; (4) the individual may elect to have South Carolina state income tax deducted and withheld from the individual's payment of unemployment compensation at the rate of seven percent; (5) the individual is permitted to change a previously elected withholding of income tax at least once. (B) Amounts deducted and withheld from unemployment compensation must remain in the Unemployment Trust Fund until transferred to the federal or state taxing authority as a payment of income tax. The date of transfer to the South Carolina Department of Revenue must be the same date as the transfer to the Internal Revenue Service. (C) The department shall follow all procedures specified by the United States Department of Labor and the Internal Revenue Service pertaining to the deducting and withholding of income tax. (D) Amounts must be deducted and withheld under this section only after amounts are deducted and withheld for overpayments of unemployment compensation, child support obligations, or other amount required to be deducted and withheld under this title. Effect of Amendment The 2010 amendment substituted "department" for "commission" in subsection (C); and made other nonsubstantive changes.
S.C. Code Ann. § 41-27-220 — SC Code / Title 41 / Chapter 27 / Article 3 / Section 41-27-220
SECTION 41-27-220. Employing unit.
Status: in_force

"Employing unit" means any individual or type of organization, including any partnership, association, trust, estate, joint-stock company, insurance company or corporation, whether domestic or foreign, or the receiver, trustee in bankruptcy, trustee or successor thereof or the legal representative of a deceased person, this State or any of its instrumentalities and subdivisions which has, or subsequent to January 1, 1935 has had, in its employ one or more individuals performing services for it within this State. For the purpose of Chapters 27 through 41 of this Title, the following rule for the continuation of partnership shall apply: (1) General rule. - An existing partnership shall be considered as continuing if it is not terminated. (2) Termination. - (a) General Rule. - For purposes of item (1), a partnership shall be considered as terminated only if (i) No part of any business, financial operation or venture of the partnership continues to be carried on by any of its partners in a partnership, or (ii) Within a twelve-month period there is a sale or exchange of fifty percent or more of the total interest in partnership capital and profits. (b) Special Rules. (i) Merger or consolidation. - In the case of the merger or consolidation of two or more partnerships, the resulting partnership shall, for purposes of this section, be considered the continuation of any merging or consolidating partnership whose members own an interest of more than fifty percent in the capital and profits of the resulting partnership. (ii) Division of a partnership. - In the case of a division of a partnership into two or more partnerships, the resulting partnerships, other than any resulting partnership the members of which had an interest of fifty percent or less in the capital and profits of the prior partnership, shall, for purposes of this section, be considered a continuation of the prior partnership.
S.C. Code Ann. § 41-33-410 — SC Code / Title 41 / Chapter 33 / Article 3 / Section 41-33-410
SECTION 41-33-410. Creation and contents of Department of Employment and Workforce administration fund.
Status: in_force

There is hereby created in the State Treasury a special fund to be known as the Department of Employment and Workforce administration fund. The fund shall consist of any money appropriated by this State in accordance with Section 41-33-460; all money received from the United States, or any agency thereof, and all money received from any other source for the administration of Chapters 27 through 41 of this title; all money received from any agency of the United States or any other state as compensation for services or facilities supplied to such agency; all amounts received pursuant to any surety bond or insurance policy or from other sources for losses sustained by the Department of Employment and Workforce administration fund or by reason of damage to property, equipment, or supplies purchased from money in such fund; and all proceeds realized from the sale or disposition of any such property, equipment, or supplies which may no longer be necessary for the proper administration of Chapters 27 through 41 of this title. Notwithstanding any provision of this section, all money requisitioned and deposited in this fund pursuant to Section 41-33-160 shall remain part of the unemployment compensation fund and shall be used only in accordance with the conditions specified in Sections 41-33-130 to 41-33-160. Effect of Amendment The 2011 amendment, in the first and second sentences, substituted "Department of Employment and Workforce" for "employment security" and "this title" for "this Title".
S.C. Code Ann. § 41-33-50 — SC Code / Title 41 / Chapter 33 / Article 1 / Section 41-33-50
SECTION 41-33-50. Transfer of funds to United States Secretary of the Treasury for federal unemployment trust fund.
Status: in_force

After clearance thereof, all moneys in the clearing account other than such as may have been refunded pursuant to Section 41-31-360 or item (6) of Section 41-27-260 shall be immediately deposited with the Secretary of the Treasury of the United States to the credit of the account of this State in the unemployment trust fund, established and maintained pursuant to Section 904 of the Social Security Act, as amended, any provisions of law in this State relating to the deposit, administration, release or disbursement of moneys in the possession or custody of this State to the contrary notwithstanding.
S.C. Code Ann. § 41-15-240 — SC Code / Title 41 / Chapter 15 / Article 3 / Section 41-15-240
SECTION 41-15-240. Temporary permits for variances.
Status: in_force

Any affected employer may apply to the Director of the Department of Labor, Licensing and Regulation or his designee for a temporary permit granting a variance from a rule or regulation or any provision thereof promulgated under this article. Affected employees shall be given notice by the employer of each such application and shall be furnished an opportunity to participate in any hearing which shall be directed at the request of the employer or by the Director on his own motion. Such temporary permit shall be granted at the discretion of the Director if sufficient evidence establishes that: (a) He is unable to comply with a rule or regulation by its effective date because of unavailability of professional or technical personnel or of materials and equipment needed to come into compliance with the rule or regulation or because necessary construction or alteration of facilities cannot be completed by the effective date; (b) He is taking all available steps to safeguard his employees against the hazard covered by the rule or regulation; (c) He has an effective program for coming into compliance with the rule or regulation as quickly as practicable. Any temporary permit issued under this section shall prescribe the practices, means, methods, operations and processes which the employer must adopt and use while the permit is in effect and state in detail his program for coming into compliance with the rule or regulation. No temporary permit may be in effect for longer than the period needed by the employer to achieve compliance with the rule or regulation or for one year, whichever is shorter, except that such an order may be renewed not more than twice (1) so long as the requirements of this paragraph are met and (2) if an application for a renewal is filed at least ninety days prior to the expiration date of the order. The form of the application itself for a temporary permit shall be as prescribed by the Director. Effect of Amendment The 1993 amendment in the opening paragraph, substituted "Director of the Department of Labor, Licensing, and Regulation or his designee" for "Commissioner of Labor".
S.C. Code Ann. § 41-15-100 — SC Code / Title 41 / Chapter 15 / Article 1 / Section 41-15-100
SECTION 41-15-100. Exposure of employees to potentially harmful materials.
Status: in_force

The Director of the Department of Labor, Licensing and Regulation or his designee shall issue regulations requiring employers to monitor and measure an employee's exposure to potentially toxic materials or harmful physical agents and to maintain accurate records of such employee exposure. Such regulations shall provide employees or their representatives with an opportunity to observe such monitoring or measuring and to have access to the records thereof. Such regulations shall also make appropriate provision for each employee or former employee to have access to such records as will indicate his own exposure to toxic materials or harmful physical agents. Each employer shall promptly notify any employee who has been or is being exposed to toxic material or harmful physical agents in concentrations or at levels which exceed those prescribed by an applicable occupational safety and health standard promulgated under Sections 41-15-210 to 41-15-330, as amended, and shall inform any employee who is being thus exposed of the corrective action being taken. Where appropriate, such regulations shall also prescribe the type and frequency of medical examinations or other tests which shall be made available, by the employer or at his cost, to employees exposed to such hazards in order to most effectively determine whether the health of such employees is adversely affected by such exposure. The results of the medical examinations or other tests shall be made available to the employer, the Director, and at the request of the employee, to his physician. In the event such medical examinations or other tests are in the nature of research, such examinations may be furnished at the expense of the Division of Labor. The results of such examinations or tests shall be furnished only to the Director of the Department of Labor, Licensing and Regulation or his designee and, at the request of the employee, to his physician. Effect of Amendment The 1993 amendment substituted "Director of the Department of Labor, Licensing and Regulation or his designee" for "Commissioner of Labor" and "Division of Labor" for "Department of Labor".
S.C. Code Ann. § 41-17-30 — SC Code / Title 41 / Chapter 17 / Section 41-17-30
SECTION 41-17-30. Chapter not applicable to railroad and express companies.
Status: in_force

The provisions of this chapter shall not apply to any railroad corporation or express company doing business by rail or the receivers or trustees of any railroad corporation or express company doing business by rail or to any employee of any thereof.
S.C. Code Ann. § 41-14-50 — SC Code / Title 41 / Chapter 14 / Section 41-14-50
SECTION 41-14-50. Computation of maximum allowable working pressure.
Status: in_force

(A) The maximum allowable working pressure of a boiler carrying the ASME Code symbol must be determined by the applicable sections of the code under which it was constructed and stamped. Subject to the concurrence of the department, the boiler may be re-rated in accordance with the rules of a later edition of the ASME Code and in accordance with the rules of the National Board Inspection Code. (B) The maximum allowable working pressure of a boiler which does not carry the ASME or the API-ASME Code symbol must be computed in accordance with the Inspection Code of the National Board of Boiler and Pressure Vessel Inspectors. (C) This chapter must not be construed to prevent the use, the sale, or the reinstallation of a boiler referred to in this section if the boiler has been made to conform to the regulations of the department governing existing installations and has not been found upon inspection to be in an unsafe condition.
S.C. Code Ann. § 41-31-420 — SC Code / Title 41 / Chapter 31 / Article 3 / Section 41-31-420
SECTION 41-31-420. Priorities under legal dissolution or distribution.
Status: in_force

Subsequent to any distribution of an employer's assets pursuant to a court order, including any receivership, assignment for the benefits of creditors, adjudicated insolvency, composition or similar proceeding, contributions then or thereafter due shall be paid in full on the same basis as all other tax claims but on a parity with claims for wages of not more than two hundred fifty dollars to each claimant earned within six months of the commencement of the proceeding. Subsequent to an employer's adjudication in bankruptcy or judicially confirmed extension proposal or composition under the Federal Bankruptcy Act, contributions then or thereafter due shall be entitled to such priority as is provided in that act. Effect of Amendment The 2010 amendment substituted "Subsequent to any" for "In the event of any" in the first and second sentences, and in the first sentence, substituted "a court order," for "an order of any court under the laws of this State,", and made nonsubstantive changes.
S.C. Code Ann. § 41-43-290 — SC Code / Title 41 / Chapter 43 / Section 41-43-290
SECTION 41-43-290. Severability provision.
Status: in_force

If a term or provision of a section of this chapter is found to be illegal or unenforceable, the remainder of this chapter nonetheless remains in full force and effect and the illegal or unenforceable term or provision is deleted and severed from this chapter.
S.C. Code Ann. § 41-27-110 — SC Code / Title 41 / Chapter 27 / Article 3 / Section 41-27-110
SECTION 41-27-110. Generally.
Status: in_force

As used in Chapters 27 through 41 of this Title, unless the context clearly requires otherwise, the terms defined in the following sections shall have the meanings therein ascribed to them.
S.C. Code Ann. § 41-16-180 — SC Code / Title 41 / Chapter 16 / Section 41-16-180
SECTION 41-16-180. Civil penalties.
Status: in_force

1. Any owner, operator, or management company who fails to register a facility as required by Section 41-16-60 may be assessed a civil penalty of not more than five hundred dollars for each facility not registered. 2. Any owner, operator, or management company who fails to correct a violation of any safety standard promulgated pursuant to this chapter after being given written notice by the Director of the standard and of the time set for its correction may be assessed a civil penalty of not more than one thousand dollars for each such violation. 3. Any owner, operator, or installation contractor who begins alteration, relocation, or installation of a facility before permits are issued pursuant to Sections 41-16-80 or 41-16-90 may be assessed a civil penalty of not more than two times the applicable permit fee. 4. Any owner, operator, or management company who fails to report an accident which results in serious injury to any person other than an employee of the owner or operator may be assessed a civil penalty of not more than one thousand dollars. 5. Any owner, operator, or management company who operates a facility after an order of the Director declaring that facility dormant, temporarily decommissioned, or otherwise ineligible for an operating permit may be assessed a civil penalty of not more than two thousand dollars for each such violation. 6. All amounts collected under this section must be turned over to the State Treasurer for deposit in the general fund of the State. 7. Any owner, operator, management company, or contractor affected or aggrieved by (a) any act of the Director, (b) any citation issued by the Director, (c) any penalty assessed by the Director, or (d) any abatement period set by the Director may petition the Director within thirty days of notice of the act complained of for administrative review. The provisions of Article II (Administrative Procedures) of Act 176 of 1977, as amended, shall govern contested cases of this nature. Effect of Amendment The 1993 amendment rewrote this section.
S.C. Code Ann. § 41-1-110 — SC Code / Title 41 / Chapter 1 / Section 41-1-110
SECTION 41-1-110. Conspicuous disclaimer of contract of employment created by handbook, personnel manual, or other document issued by employer.
Status: in_force

It is the public policy of this State that a handbook, personnel manual, policy, procedure, or other document issued by an employer or its agent after June 30, 2004, shall not create an express or implied contract of employment if it is conspicuously disclaimed. For purposes of this section, a disclaimer in a handbook or personnel manual must be in underlined capital letters on the first page of the document and signed by the employee. For all other documents referenced in this section, the disclaimer must be in underlined capital letters on the first page of the document. Whether or not a disclaimer is conspicuous is a question of law.
S.C. Code Ann. § 41-25-35 — SC Code / Title 41 / Chapter 25 / Section 41-25-35
SECTION 41-25-35. Registration periods for biennial licenses; proration of fees during conversion to biennial cycle; renewals.
Status: in_force

(A) Licenses required by this chapter to be registered biennially must be assigned registration periods as provided in this section. (1) Upon the first reregistration of the licenses by the South Carolina Secretary of State's Office after the effective date of biennial licensure, a biennial registration period must be implemented as follows: (a) Licenses whose license numbers end in: (i) an even number and expire between July 1, 1992, and December 31, 1992, shall obtain a biennial registration; (ii) an even number and expire between January 1, 1993, and June 30, 1993, shall reregister their licenses for one year. At the end of that time they shall reregister their license for two years and biennially; (iii) an odd number and expire between July 1, 1992, and December 31, 1992, shall register their licenses for one year. At the end of that time they shall register their license for two years and biennially; (iv) an odd number and expire between January 1, 1993, and June 30, 1993, shall obtain a biennial registration; (v) "A" through "L" and expire between July 1, 1992, and June 30, 1993, shall obtain a biennial registration; (vi) "M" through "Z" and expire between July 1, 1992, and June 30, 1993, shall obtain a one-year registration and obtain a biennial registration after that time; (b) Licenses issued in South Carolina for the first time between: (i) July 1, 1992, and December 31, 1992, which end in an even number must be issued biennially; (ii) July 1, 1992, and December 31, 1992, which end in an odd number must be issued for one year. At the end of that time the license must be renewed for two years and biennially after that time; (iii) January 1, 1993, and June 30, 1993, which end in an even number must be issued for one year. At the end of that time the license must be renewed for two years and biennially after that time; (iv) January 1, 1993, and June 30, 1993, which end in an odd number must be issued biennially; (v) July 1, 1992, and June 30, 1993, and issued license numbers which end in 'A' through 'L' must be issued biennially; (vi) July 1, 1992, and June 30, 1993, and which end in "M" through "Z" must be issued for one year and renewed biennially after that time. (2) Registrations are valid until the last day of the month in which the registration expires. The license fees charged during the conversion process must be prorated for the length of the license issued. (B) After June 30, 1993, all licensees must be registered and licensed for twenty-four consecutive months, and the registrations expire on the last day of the twenty-fourth month. The registration and licensing of every licensee must be renewed biennially upon application by the holder and by payment of fees required by law to take effect on the first day of the month following the expiration of the registration and licensing to be renewed. This section does not prevent the Secretary of State's Office from refusing to issue a license.
S.C. Code Ann. § 41-27-610 — SC Code / Title 41 / Chapter 27 / Article 5 / Section 41-27-610
SECTION 41-27-610. Place where failure to perform acts deemed to occur.
Status: in_force

The failure to do an act required by or under the provisions of Chapters 27 through 41 of this title shall be deemed an act committed in part at the office of the department in Columbia. Effect of Amendment The 2010 amendment substituted "department" for "commission in Columbia"; and made other nonsubstantive changes. The 2011 amendment substituted "by or under the provisions" for "pursuant to a provision" and "shall be deemed" for "is considered", and added "in Columbia".
S.C. Code Ann. § 41-42-10 — SC Code / Title 41 / Chapter 42 / Section 41-42-10
SECTION 41-42-10. South Carolina State Employment Service; division of Department of Employment and Workforce; free public employment offices; powers and duties of division.
Status: in_force

The department must create a division known as the "South Carolina State Employment Service" that must establish and maintain free public employment offices in a number and in places necessary for the proper administration of Chapters 27 through 42 of this title and for the purpose of performing duties within the purview of the act of Congress, entitled "An Act to Provide for the Establishment of a National Employment System and for Cooperation With the States in the Promotion of Such System, and for Other Purposes", approved June 6, 1933 (48 Stat. 113, U.S.C. Title 29, Section 49(c) as amended). All duties and powers formerly conferred on another department, agency, or officer of this State relating to the establishment, maintenance, and operation of free public employment offices are vested in this division. Effect of Amendment The 2010 amendment substituted "department" for "South Carolina Employment Security Commission"; and made other nonsubstantive changes throughout the section.
S.C. Code Ann. § 41-1-80 — SC Code / Title 41 / Chapter 1 / Section 41-1-80
SECTION 41-1-80. Prohibition against retaliation based upon employee's institution of, or participation in, proceedings under Workers' Compensation Law; civil actions.
Status: in_force

No employer may discharge or demote any employee because the employee has instituted or caused to be instituted, in good faith, any proceeding under the South Carolina Workers' Compensation Law (Title 42 of the 1976 Code), or has testified or is about to testify in any such proceeding. Any employer who violates any provision of this section is liable in a civil action for lost wages suffered by an employee as a result of the violation, and an employee discharged or demoted in violation of this section is entitled to be reinstated to his former position. The burden of proof is upon the employee. Any employer shall have as an affirmative defense to this section the following: wilful or habitual tardiness or absence from work; being disorderly or intoxicated while at work; destruction of any of the employer's property; failure to meet established employer work standards; malingering; embezzlement or larceny of the employer's property; violating specific written company policy for which the action is a stated remedy of the violation. The failure of an employer to continue to employ, either in employment or at the employee's previous level of employment, an employee who receives compensation for total permanent disability, is in no manner to be considered a violation of this section. The statute of limitations for actions under this section is one year.
S.C. Code Ann. § 41-31-820 — SC Code / Title 41 / Chapter 31 / Article 7 / Section 41-31-820
SECTION 41-31-820. Deposit and review of premiums collected from state agencies; transfers from general fund to cover claims.
Status: in_force

(A) Unemployment compensation premiums collected from state agencies will be deposited into a separate account and used to pay unemployment compensation benefits to eligible employees of the State. Premiums will be based on experience ratings provided by private consultants and the Department of Administration or the State Fiscal Accountability Authority. The Unemployment Compensation Funds' contribution level must be reviewed no less than biennially to ensure that premiums are commensurate with the cost of operating the Unemployment Compensation Fund. All interest earned on this account must be retained by the Unemployment Compensation Fund and used to offset costs. (B) Notwithstanding the amounts annually appropriated as "Unemployment Compensation Insurance" to cover unemployment benefit claims paid to employees of the state government who are entitled under federal law, the State Treasurer and the Comptroller General, are hereby authorized and directed to pay from the general fund of the State to the department funds necessary to cover actual benefit claims paid during the current fiscal year which exceed the amounts paid in for this purpose by the various agencies, departments, and institutions subject to unemployment compensation claims. The department must certify quarterly to the State Fiscal Accountability Authority and the Department of Administration the state's liability for such benefit claims actually paid to claimants who were employees of the State of South Carolina and entitled under federal law. The amount so certified must be remitted to the department. Effect of Amendment The 2010 amendment in subsection (B) substituted "department funds necessary" for "South Carolina Employment Security Commission such funds as are necessary" in the first sentence; and substituted "department" for "Employment Security Commission" in the second and third sentences.
S.C. Code Ann. § 41-18-310 — SC Code / Title 41 / Chapter 18 / Article 3 / Section 41-18-310
SECTION 41-18-310. Definitions.
Status: in_force

As used in this article: (1) "Parent or guardian" means a parent, custodian, or guardian responsible for the control, safety, training, or education of a minor or a person who is disabled or incompetent. (2) "Rider of a carnival or amusement device" or " rider" means a person who is: (a) waiting in the immediate vicinity to get on a carnival or amusement device; (b) getting on a carnival or amusement device; (c) using a carnival or amusement device; (d) getting off a carnival or amusement device; or (e) leaving a carnival or amusement device and who is still in the immediate vicinity of the carnival or amusement device. "Rider" does not include employees or agents of the owner of a carnival or amusement device while engaged in the duties of their employment. (3) "Sign" means a symbol or language reasonably calculated to communicate information to riders or riders' parents or guardians including, but not limited to, placards, prerecorded messages, live public address, stickers, pictures, pictograms, guidebooks, brochures, video, verbal information, and visual signals. Lettering on signs used for this purpose must be at least two inches in height.
S.C. Code Ann. § 41-33-200 — SC Code / Title 41 / Chapter 33 / Article 1 / Section 41-33-200
SECTION 41-33-200. Disposition of unused funds withdrawn for certain federal benefits.
Status: in_force

A balance of money requisitioned from the unemployment trust fund under Section 41-33-180 which remains unclaimed or not disbursed in those accounts after the expiration of the period for which the sums were requisitioned either must be deducted from estimates for, and used in the payment of, benefits during succeeding periods or, in the discretion of the department, must be redeposited with the Secretary of the Treasury of the United States to the credit of this State's account in the unemployment trust fund, as provided in Section 41-33-50. Effect of Amendment The 2010 amendment substituted "department" for "Commission"; and made other nonsubstantive changes.
S.C. Code Ann. § 41-8-60 — SC Code / Title 41 / Chapter 8 / Section 41-8-60
SECTION 41-8-60. Review of disciplinary action.
Status: in_force

A private employer may seek review of the director's disciplinary action pursuant to Section 41-8-50 with the Administrative Law Court, and the action must be brought in accordance with the provisions of Chapter 23, Title 1. Effect of Amendment The 2011 amendment rewrote the section.
S.C. Code Ann. § 41-1-85 — SC Code / Title 41 / Chapter 1 / Section 41-1-85
SECTION 41-1-85. Personnel action based on use of tobacco products outside of workplace prohibited.
Status: in_force

The use of tobacco products outside the workplace must not be the basis of personnel action, including, but not limited to, employment, termination, demotion, or promotion of an employee.
S.C. Code Ann. § 41-14-120 — SC Code / Title 41 / Chapter 14 / Section 41-14-120
SECTION 41-14-120. Schedule and evidence of inspections; entry of premises where boiler being installed or repaired.
Status: in_force

(A) Owners and operators of all boilers must file with the department evidence of timely inspection as provided in this section. Evidence of timely inspection may be in the form of a certification of insurance, which contains evidence that the boiler was inspected and approved or it may be an inspection report from a certified special inspector. (B) The director or the chief boiler administrator shall give twenty-four hours' notice to enter any premises in the State where a boiler is being installed or repaired for the purpose of ascertaining whether the boiler is being installed or repaired in accordance with the provisions of this chapter. (C)(1) After December 31, 2005, each boiler used, or proposed to be used in this State must be thoroughly inspected as to their installation and condition as follows: (a) Annually, a certificate inspection must be conducted on power boilers and high pressure, high temperature water boilers and this inspection must be an internal inspection; however, if it is not possible to perform an internal inspection, the inspection must be as complete an inspection as possible. The boilers must also be externally inspected while under pressure, if possible. (b) Biennially a certificate inspection must be conducted on low pressure steam or vapor heating boilers and an internal inspection must be conducted every four years where installation permits. (c) Biennially a certificate inspection must be conducted on hot water heating and hot water supply boilers and an internal inspection must be conducted at the discretion of the inspector. (2) A grace period of two months beyond the periods specified in items (a) and (b) of subsection (B)(1) may elapse between certificate inspections. (3) The department may provide for longer periods between certificate inspection in its regulations. (4) Pursuant to this chapter, the department has jurisdiction over the interpretation and application of the inspection requirements as provided for in regulations of the board. The person conducting the inspection during installation or repair shall certify as to the minimum requirements for safety as defined in the ASME Code. Inspection requirements of operating equipment must be in accordance with generally accepted practice and compatible with the actual service conditions, which must include all of the following: (a) previous experience, based on records of inspection, performance, and maintenance; (b) quality of inspection and operating personnel; (c) provisions for related safe operation controls; (d) interrelation with other operations. (5) The department may permit variations in the inspection requirements based upon documentation of the actual service conditions by the owner or user of the operating equipment. (D) The inspections required in this chapter must be made by a special inspector provided for in this chapter. (E) If the inspector determines that a hydrostatic test is necessary, it must be made by the owner or user of the boiler. Code Commissioner's Note At the direction of the Code Commissioner, (C) and (D) were redesignated as (D) and (E) to correct a scrivener's error in the original Act.
S.C. Code Ann. § 41-35-65 — SC Code / Title 41 / Chapter 35 / Article 1 / Section 41-35-65
SECTION 41-35-65. Wages paid for previously uncovered services.
Status: in_force

With respect to weeks of unemployment beginning on or after January 1, 1978, wages for insured work shall include wages paid for previously uncovered services. For the purposes of this paragraph "previously uncovered services" means services which were not employment as defined in Section 41-27-230, and were not services covered pursuant to Section 41-37-20 at any time during the one-year period ending December 31, 1975; and which are: (1) Agricultural labor as defined in Section 41-27-120, or domestic service as defined in Section 41-27-230(6); or (2) Services performed by an employee of this State or a political subdivision thereof, as provided in Section 41-27-230(2); or (3) Services performed by an employee of a nonprofit educational institution which is not an institution of higher education, as provided in Section 41-27-230(3); except to the extent that assistance under Title II of the Emergency Jobs and Unemployment Assistance Act of 1974 was paid on the basis of such services.
S.C. Code Ann. § 41-35-120 — SC Code / Title 41 / Chapter 35 / Article 1 / Section 41-35-120
SECTION 41-35-120. Disqualification for benefits.
Status: in_force

An insured worker is ineligible for benefits for: (1) Leaving work voluntarily. If the department finds he left voluntarily, without good cause, his most recent work prior to filing a request for determination of insured status or a request for initiation of a claim series within an established benefit year, with ineligibility beginning with the effective date of the request and continuing until he has secured employment and shows to the satisfaction of the department that he has performed services in employment as defined by Chapters 27 through 41 of this title and earned wages for those services equal to at least eight times the weekly benefit amount of his claim. (2)(a) Discharge for misconduct connected with the employment. If the department finds that he has been discharged for misconduct connected with his most recent work prior to filing a request for determination of insured status or a request for initiation of a claim series within an established benefit year, with ineligibility beginning with the effective date of the request, and continuing for the next twenty weeks, in addition to the waiting period, with a corresponding and mandatory reduction of the insured worker's benefits to be calculated by multiplying his weekly benefit amount by twenty. For the purposes of this item, "misconduct" is limited to conduct evincing such wilful and wanton disregard of an employer's interests as is found in deliberate violations or disregard of standards of behavior which the employer has the right to expect of his employee, or in the carelessness or negligence of such degree or recurrence as to manifest equal culpability, wrongful intent, or evil design, or to show an intentional and substantial disregard of the employer's interest or of the employee's duties and obligations to his employer. No finding of misconduct may be made for discharge resulting from an extreme hardship, emergency, sickness, or other extraordinary circumstance. (b) If the department finds that he has been discharged for cause, other than misconduct as defined in item (2)(a), connected with his most recent work prior to filing a request for determination of insured status or a request for initiation of a claim series within an established benefit year, then the department must find him partially ineligible. The ineligibility must begin with the effective date of the request, and continuing not less than five nor more than the next nineteen weeks, in addition to the waiting period. A corresponding and mandatory reduction of the insured worker's benefits, to be calculated by multiplying his weekly benefit amount by the number of weeks of his disqualification, must be made. The ineligibility period must be determined by the department in each case according to the seriousness of the cause for discharge. Discharge resulting from substandard performance due to inefficiency, inability, or incapacity shall not serve as a basis for disqualification under either subitem (a) or (b) of this item. (3)(a) Discharge for illegal drug use, and is ineligible for benefits beginning with the effective date of the request and continuing until he has secured employment and shows to the satisfaction of the department that he has performed services in employment as defined by Chapters 27 through 41 of this title and earned wages for those services equal to at least eight times the weekly benefit amount of his claim if the: (i) company has communicated a policy prohibiting the illegal use of drugs, the violation of which may result in termination; and (ii) insured worker fails or refuses to provide a specimen pursuant to a request from the employer, or otherwise fails or refuses to cooperate by providing an adulterated specimen; or (iii) insured worker provides a blood, hair, oral fluid, or urine specimen during a drug test administered on behalf of the employer, which tests positive for illegal drugs or legal drugs used unlawfully, provided: (A) the sample was collected and labeled by a licensed health care professional or another individual authorized to collect and label test samples by federal or state law, including law enforcement personnel; and (B) the test was performed by a laboratory certified to perform such tests by the United States Department of Health and Human Services (USDHHS)/Substance Abuse Mental Health Services Administration (SAMHSA), the College of American Pathologists or the State Law Enforcement Division; and (C) an initial positive test was confirmed on the specimen using the gas chromatography/mass spectrometry method, or an equivalent or a more accurate scientifically accepted method approved by USDHHS/SAMHSA; (iv) for purposes of this item, "unlawfully" means without a prescription. (b) If an insured worker makes an admission pursuant to the employer's policy, which provides that voluntary admissions made before the employer's request to the employee to submit to testing may protect an employee from immediate termination, then the admission is inadmissible for purposes of this section as long as the: (i) employer has communicated a written policy, which provides protection from immediate termination for employees who voluntarily admit prohibited drug use before the employer's request to submit to a test; and (ii) employee makes the admission specifically pursuant to the employer's policy. (c) Information, interviews, reports, and drug-test results, written or otherwise, received by an employer through a drug-testing program may be used or received in evidence in proceedings conducted pursuant to the provisions of this title for the purposes of determining eligibility for unemployment compensation, including administrative or judicial appeal. (4) Discharge for gross misconduct, and is ineligible for benefits beginning with the effective date of the request and continuing until he has secured employment and shows to the satisfaction of the department that he has performed services in employment as defined by Chapters 27 through 41 of this title and earned wages for those services equal to at least eight times the weekly benefit amount of his claim if he is discharged due to: (i) wilful or reckless employee damage to employer property that results in damage of more than fifty dollars; (ii) employee consumption of alcohol or being under the influence of alcohol on employer property in violation of a written company policy restricting or prohibiting consumption of alcohol; (iii) employee theft of items valued at more than fifty dollars; (iv) failure to comply with applicable state or federal drug and alcohol testing and use regulations including, but not limited to, 49 C.F.R. part 40 and part 382 of the federal motor carrier safety regulations, while on the job or on duty, and regulations applicable for employees performing transportation and other safety sensitive job functions as defined by the federal government; (v) employee committing criminal assault or battery of another employee or a customer; (vi) employee committing criminal abuse of patient or child in his professional care; (vii) employee insubordination, which is defined as wilful failure to comply with a lawful, reasonable order of a supervisor directly related to the employee's employment as described in an applicable written job description; or (viii) employee wilful neglect of duty directly related to the employee's employment as described in an applicable written job description. (5) Failure to accept work. (a) If the department finds he has failed, without good cause: (i)(A) either to apply for available suitable work, when so directed by the employment office or the department; (B) to accept available suitable work when offered to him by the employment office or an employer; or (C) to return to his customary self-employment, if any, when so directed by the department, the ineligibility begins with the week the failure occurred and continues until he has secured employment and shows to the satisfaction of the department that he has performed services in employment as defined in Chapters 27 through 41 of this title and earned wages for services equal to at least eight times the weekly benefit amount of his claim. (b) In determining whether work is suitable for an individual, the department must consider, based on a standard of reasonableness as it relates to the particular individual concerned, the degree of risk involved to his health, safety, and morals, his physical fitness and prior training, his experience and prior earnings, his length of unemployment and prospects for securing local work in his customary occupation, and the distance of the available work from his residence. (c) Notwithstanding another provision of Chapters 27 through 41 of this title, work is not considered suitable and benefits may not be denied under these chapters to an otherwise eligible individual for refusing to accept new work under any of the following conditions: (i) if the position offered is vacant due directly to a strike, lockout, or other labor dispute; (ii) if the wages, hours, or other conditions of the work offered are substantially less favorable to the individual than those prevailing for similar work in the locality; or (iii) if, as a condition of being employed, the individual would be required to join a company union or to resign from or refrain from joining any bona fide labor organization. (d) Notwithstanding another provision of Chapters 27 through 41 of this title, an otherwise eligible individual may not be denied a benefit for a week for failure to apply for, or refusal to accept, suitable work because he is in training with the approval of the department. (e) Notwithstanding another provision of this chapter, an otherwise eligible individual may not be denied a benefit for a week because he is in training approved under Section 236(a)(1) of the Trade Act of 1974, nor may the individual be denied benefits by reason of leaving work to enter training, if the work left is not suitable employment, or because of the application to a week in training of provisions in this law or an applicable federal unemployment compensation law, relating to availability for work, active search for work, or refusal to accept work. For purposes of this subitem, "suitable employment" means, with respect to an individual, work of a substantially equal or higher skill level than the individual's past adversely affected employment, as defined for purposes of the Trade Act of 1974, and wages for the work at not less than eighty percent of the individual's average weekly wage as determined for the purposes of the Trade Act of 1974. (6) Labor dispute. For a week in which the department finds that his total or partial unemployment is directly due to a labor dispute in active progress in the factory, establishment, or other premises at which he was last employed. This paragraph does not apply if it is shown to the satisfaction of the department that he: (a) is not participating in, financing, or directly interested in the labor dispute; (b) does not belong to a grade or class of workers of which, immediately before he became unemployed by reason of the dispute, there were members employed at the premises at which the dispute exists, any of whom are participating in or directly interested in the dispute. If separate branches of work, which are commonly conducted as separate businesses in separate premises, are conducted in separate departments of the same premises, each department for the purpose of this item is considered to be a separate factory, establishment, or other premises. (7) Receiving benefits elsewhere. For a week in which, or a part of which, he has received or is seeking unemployment benefits under an unemployment compensation law of another state or of the United States. If the appropriate agency of the other state or of the United States finally determines that he is not entitled to unemployment benefits, this disqualification does not apply. (8) Voluntary retirement. If the department finds that he voluntarily retired from his most recent work with the ineligibility beginning with the effective date of his claim and continuing for the duration of his unemployment and until the individual submits satisfactory evidence of having had new employment and of having earned wages of not less than eight times his weekly benefit amount as defined in Section 41-35-40. For the purpose of this section, "most recent work" means the work from which the individual retired regardless of any work subsequent to his retirement in which he earned less than eight times his weekly benefit amount. Effect of Amendment The 2005 amendment, in paragraph (2), designated subparagraph (a) and added subparagraphs (b) to (d). The 2010 amendment rewrote this section. The 2012 amendment rewrote item (2). 2015 Act No. 80, SECTION 1, in (3)(a)(iii), inserted "oral fluid"; in (3)(a)(iii)(B), inserted "to perform such tests by", deleted "National Institute on Drug Abuse", and inserted "United States Department of Health and Human Services (USDHHS)/Substance Abuse Mental Health Services Administration (SAMHSA),"; and in (3)(a)(iii)(C), substituted "USDHHS/SAMHSA" for "the National Institute on Drug Abuse".
S.C. Code Ann. § 41-31-640 — SC Code / Title 41 / Chapter 31 / Article 5 / Section 41-31-640
SECTION 41-31-640. Security to insure payments.
Status: in_force

The department in its discretion may adopt regulations requiring any nonprofit organization or group of organizations described in Section 41-31-660(3) which does not possess title to real property and improvements valued in excess of two million dollars to post a surety bond, money deposit, securities, or other security as the department may require to insure the payments in lieu of the contributions required under such election. (1) The amount of the surety bond, money deposit, securities, or other security required by this subsection shall bear such relationship as the department shall determine to the organization's total wages paid for employment as defined in Section 41-27-380 for the four calendar quarters immediately preceding the effective date of the election, the renewal date in the case of a bond, or the biennial anniversary of the effective date of election in the case of a deposit of money, whichever date shall be most recent and applicable. If the nonprofit organization did not pay wages in each of such four calendar quarters, the amount of the surety bond, cash deposit, securities, or other security shall be as determined by the department. (2) Any bond deposited under this subsection shall be in force for a period of not less than two calendar years and shall be renewed with the approval of the department, at such times as the department may prescribe, but not less frequently than at two-year intervals as long as the organization continues to be liable for payments in lieu of contributions. The department shall require adjustments to be made in a previously filed bond as it deems appropriate. If the bond is to be increased, the adjusted bond shall be filed by the organization within thirty days of the date of notice of the required adjustment was mailed or otherwise delivered to it. Failure by any organization covered by such bond to pay the full amount of payments in lieu of contributions when due, together with any applicable interest and penalties provided for in Section 41-31-630(6), shall render the surety liable on such bond to the extent of the bond, as though the surety was such organization. (3) Any deposit of money in accordance with this subsection shall be retained by the department in an escrow account until liability under the election is terminated, at which time it shall be returned to the organization, less any deductions as hereinafter provided. The department may deduct from the money deposited under this subsection by a nonprofit organization to the extent necessary to satisfy any due and unpaid payments in lieu of contributions and any applicable interest and penalties provided for in Section 41-31-630(6). The department shall require the organization within fifteen days following any deduction from a money deposit under the provisions of this subsection to deposit sufficient additional money to make whole the organization's deposit at the prior level. The department may, at any time, review the adequacy of the deposit made by any organization. If, as a result of such review, it determines that an adjustment is necessary, it shall require the organization to make an additional deposit within fifteen days of written notice of its determination or shall return to the organization such portion of the deposit as it no longer considers necessary, whichever action is appropriate. Effect of Amendment The 2010 amendment substituted "department" for "Commission" throughout, and substituted "subsection" for "paragraph" or "subparagraph" throughout.
S.C. Code Ann. § 41-35-67 — SC Code / Title 41 / Chapter 35 / Article 1 / Section 41-35-67
SECTION 41-35-67. Benefits to aliens.
Status: in_force

(1) Benefits shall not be paid on the basis of services performed by an alien unless such alien is an individual who was lawfully admitted for permanent residence at the time such services were performed, was lawfully present for purposes of performing such services or was permanently residing in the United States under color of law at the time such services were performed (including an alien who was lawfully present in the United States as a result of application of the provisions of Section 203(a)(7) or Section 212(d)(5) of the Immigration and Nationality Act). (2) Any data or information required of individuals applying for benefits to determine whether benefits are not payable to them because of their alien status shall be uniformly required from all applicants for benefits. (3) In the case of an individual whose application for benefits would otherwise be approved, no determination that benefits to such individual are not payable because of his alien status shall be made except upon a preponderance of the evidence.
S.C. Code Ann. § 41-35-66 — SC Code / Title 41 / Chapter 35 / Article 1 / Section 41-35-66
SECTION 41-35-66. Benefits for participants in sports or athletic events.
Status: in_force

Benefits shall not be paid to any individual on the basis of any services substantially all of which consist of participating in sports or athletic events or training or preparing to so participate, for any week which commences during the period between two successive sport seasons (or similar periods) if such individual performed such services in the first of such seasons (or similar periods) and there is a reasonable assurance that such individual will perform such services in the later of such season (or similar periods).
S.C. Code Ann. § 41-43-90 — SC Code / Title 41 / Chapter 43 / Section 41-43-90
SECTION 41-43-90. Corporate and other powers of the authority.
Status: reserved

The authority has the rights and powers of a body politic and corporate and body corporate of this State, including without limitation all the rights and powers necessary or convenient to manage the business and affairs of the authority and to take action it considers advisable, necessary, or convenient in carrying out its powers, including, but not limited to, the following rights and powers: (A) Adopt bylaws, procedures, and regulations for the directors, officers, and employees and for the implementation and operation of the programs authorized by this act. (B) Adopt and use a seal. (C) Sue and be sued in its own name. (D) Enter into such contracts, agreements, and instruments and make such offers to contract with such persons, partnerships, firms, corporations, agencies, or entities, whether public or private, considered desirable in furtherance of its purposes. With respect to any contract or agreement where the liability of the authority is limited to program funds, the authority may require public notice or bidding. (E) Notwithstanding any provision of law or regulation to the contrary, and in accordance with its own procurement procedures and regulations as approved by the State Fiscal Accountability Authority, which must, at a minimum, incorporate the provisions of Sections 11-35-5210 through 11-35-5270, inclusive, acquire, purchase, hold, use, improve, manage, lease, mortgage, pledge, sell, transfer, and dispose of any property, real, personal, or mixed, or any interest in any property, or revenues of the authority, including as security for notes, bonds, evidences of indebtedness, or other obligations of the authority. Except for the provisions of Sections 11-35-5210 through 11-35-5270, inclusive, in exercising the powers authorized in this chapter the authority is exempt from Title 11, Chapter 35. The authority has no power to pledge the credit and the taxing power of the State or any of its political subdivisions. (F) Accept appropriations, gifts, grants, loans, or other aid from persons, partnerships, firms, corporations, agencies, or entities, whether public or private. (G) Apply for and hold patents and collect royalties under such terms and conditions as the authority considers appropriate. (H) Incur debt, including but not limited to the issuance of bonds, for any authorized purpose of the authority under the terms and conditions specified in this act. (I) Reserved. (J) Make commitments, guarantees, grants, or loans utilizing any of its program funds to or on behalf of persons, partnerships, firms, corporations, agencies, or entities, whether public or private, in accordance with the provisions of this chapter and under terms as are not inconsistent with any existing obligation, including any obligation imposed as a condition of the receipt of any such program funds. (K) Create and establish funds, including reserve funds, and accounts as necessary in connection with the issuance of bonds or for any of its authorized purposes. (L) Use program funds to purchase or provide for insurance as additional security for any bonds issued by the authority. (M) Initiate counseling and management programs for business enterprises and provide business enterprises with technical assistance, advice, and information respecting development opportunities and programs and, in conjunction therewith, collect, maintain, and disseminate data and information. (N) Employ and dismiss, at the will and pleasure of the authority, officers, agents, employees, consultants, and other providers of services as the authority considers necessary and appropriate and to fix and to pay their compensation. Employees of the authority or an entity established pursuant to Section 41-43-240 are not considered state employees except for eligibility for participation in the South Carolina Retirement System and the State Health Insurance Group Plans and pursuant to Chapter 78 of Title 15. The provisions of Article 5, Chapter 17 of Title 8, and Chapter 35 of Title 11 do not apply to the authority. The authority is responsible for complying with other state and federal laws covering employers. The authority may contract with the Division of Human Resource Management of the Department of Administration to establish a comprehensive human resource management program. (O) Fix, alter, charge, and collect reasonable tolls, fees, rents, charges, and assessments for the use of the facilities of, or for the services rendered by, the authority the rates to be at least sufficient to provide for payment of all expenses of the authority. (P) Participate in and cooperate with any agency or instrumentality of the United States and with any agency or political subdivision of this State in the administration of any of the programs authorized by this act. In exercising its powers, the authority shall operate in an economical and prudent manner and any powers granted by this act may be exercised by the adoption of a resolution at any regular or special meeting. A copy of any resolution certified by the chairman, vice-chairman, or secretary is conclusive evidence of the exercise of powers in accordance with this act. Effect of Amendment The 1992 amendment revised the initial paragraph and items (E), (I), (J), (N) and (O).
S.C. Code Ann. § 41-43-180 — SC Code / Title 41 / Chapter 43 / Section 41-43-180
SECTION 41-43-180. Determination of economically distressed areas; criteria.
Status: in_force

The authority must maintain a list of the most economically distressed areas of the State. Each area must be within or coexistent with the boundaries of one of the forty-six counties. The list must be determined in accordance with criteria set forth in the regulations of the authority. In formulating criteria, the authority must consider, but not be limited to, the following factors: rate of unemployment, per capita income, average wage rate, and chronic nature of economic problems.
S.C. Code Ann. § 41-35-720 — SC Code / Title 41 / Chapter 35 / Article 5 / Section 41-35-720
SECTION 41-35-720. Conduct of appealed claims.
Status: in_force

The department must promulgate regulations establishing rules of procedure for proceedings, hearings, and appeals to the appellate panel and the appeal tribunals pursuant to Section 41-35-790. The rules of procedure must address the manner for determining the rights of each party to an appeal. The rules of procedure are not required to conform to common law or statutory rules of evidence and other technical rules of procedure. A full and complete record must be kept of all proceedings in connection with an appealed claim. Testimony at a hearing before an appeals tribunal on an appealed claim must be recorded but must not be transcribed unless the claim is appealed to the appellate panel. Effect of Amendment The 2010 amendment rewrote this section to authorize the department to promulgate rules of procedure for the appellate panel and appeal tribunals.
S.C. Code Ann. § 41-35-50 — SC Code / Title 41 / Chapter 35 / Article 1 / Section 41-35-50
SECTION 41-35-50. Maximum potential benefits for year.
Status: in_force

The maximum potential benefits of any insured worker in a benefit year are the lesser of: (1) twenty times his weekly benefit amount; (2) one-third of his wages for insured work paid during his base period. If the resulting amount is not a multiple of one dollar, the amount must be reduced to the next lower multiple of one dollar, except that no insured worker may receive benefits in a benefit year unless, subsequent to the beginning of the next preceding benefit year during which he received benefits, he performed "insured work" as defined in Section 41-27-300 and earned wages in the employ of a single employer in an amount equal to not less than eight times the weekly benefit amount established for the individual in the preceding benefit year. Effect of Amendment The 2011 amendment in subsection (1) substituted "twenty" for "Twenty-six", and in subsection (2) substituted "one-third" for "One-third".
S.C. Code Ann. § 41-41-40 — SC Code / Title 41 / Chapter 41 / Section 41-41-40
SECTION 41-41-40. Recovery of benefits paid to person not entitled to benefits.
Status: in_force

(A)(1) A person who has received a sum as benefits under Chapters 27 through 41 while conditions for the receipt of benefits imposed by these chapters were not fulfilled or while he was disqualified from receiving benefits is liable to repay the department for the unemployment compensation fund a sum equal to the amount received by him. (2) If full repayment of benefits, to which an individual was determined not entitled, has not been made, the sum must be deducted from future benefits payable to him under Chapters 27 through 41, and the sum must be collectible in the manner provided in Sections 41-31-380 through 41-31-400 for the collection of past due contributions. (3) The department may attempt collection of overpayments through the South Carolina Department of Revenue in accordance with Section 12-56-10, et seq. If the overpayment is collectible in accordance with Section 12-56-60, the department shall add to the amount of the overpayment a collection fee of not more than fifty dollars for each collection attempt to defray administrative costs. Notwithstanding another provision of law, a final decision of the department or court establishing the character and amount of overpayment is final for all purposes and proceedings. (4) The department may attempt collection of overpayment through the federal Unemployment Compensation Treasury Offset Program (UCTOP). If the overpayment is collectible, the department shall add to the amount of the overpayment a collection fee not to exceed the administrative costs set by this program. (5) Notwithstanding any other provision of this section, no action to enforce recovery or recoupment of any overpayment may begin after five years from the date of the final determination for nonfraudulent overpayments nor after eight years from the date of the final determination for fraudulent overpayments. (B)(1) A person who is overpaid any amounts as benefits under Chapters 27 through 41 is liable to repay those amounts, except as otherwise provided by this subsection. (2) Upon written request by the person submitted to the department within the statutory appeal period from the issuance of the determination of overpayment, the department may waive repayment if the department finds that the: (a) overpayment was not due to fraud, misrepresentation, or wilful nondisclosure on the part of the person; (b) overpayment was received without fault on the part of the person; and (c) recovery of the overpayment from the person would be contrary to equity and good conscience. (3) Decisions denying waiver requests are subject to the appeal provisions of Chapter 35. (C) A person who has received a sum as benefits under the comparable unemployment law of any other state while conditions imposed by that law were not fulfilled or while he was disqualified from receiving benefits by that law is liable to repay the department for the corresponding unemployment compensation fund of the other state a sum equal to the amount received by him if the other state has entered into an Interstate Reciprocal Overpayment Recovery Agreement with the State and has furnished the department with verification of the overpayment as required by the agreement. Recovery of overpayments under this subsection are not subject to the provisions of subsections (A)(3) and (B). (D) Upon the determination of fraudulent overpayments by the department, an employer from whose account the overpayment was debited must be credited for the amount of the overpayment regardless of the outcome of the action for recoupment or recovery of the overpayment. This section shall not apply to employers whose accounts are subject to the provisions of Section 41-31-810 or 41-31-620. Effect of Amendment The 1993 amendment substituted "Department of Revenue" for "Tax Commission". The 2002 amendment rewrote this section. The 2010 amendment substituted "department" for eight occurrences of "commission" throughout the section. The 2011 amendment inserted subsection (A)(4) relating to overpayment through the federal UCTOP, redesignated former subsection (A)(4) as subsection (A)(5), and in subsection (A)(5) added "for nonfraudulent overpayments nor after eight years from the date of the final determination for fraudulent overpayments" at the end. The 2012 amendment added subsection (D). 2015 Act No. 77, SECTION 2, in (A)(3), substituted "fifty dollars" for "twenty-five dollars", and added the last sentence; and in (D), substituted "Section" for "Sections".
S.C. Code Ann. § 41-35-40 — SC Code / Title 41 / Chapter 35 / Article 1 / Section 41-35-40
SECTION 41-35-40. Weekly benefit amount; procedure for reconsideration of determinations.
Status: in_force

(A) An insured worker's weekly benefit amount is fifty percent of his weekly average wage, as defined in Section 41-27-140, and the weekly benefit amount, if not a multiple of one dollar, must be computed to the next lower multiple of one dollar. However, no insured worker's weekly benefit amount may be less than forty-two dollars nor greater than sixty-six and two-thirds percent of the statewide average weekly wage most recently computed before the beginning of the individual's benefit year. (B) The maximum weekly benefit amount set each year by the department within the range established in subsection (A) must be published on the department's website. (C) The procedure for reconsideration of determinations pursuant to Section 41-35-640 is the sole and exclusive procedure and remedy for disputing the department's determination of an insured worker's weekly benefit amount. Editor's Note 2022 Act No. 229, preamble and SECTION 1.B, provide as follows: "Whereas, pursuant to Section 41-27-40, the General Assembly has the right to amend or repeal all or any part of Chapters 27 through 41 of this title at any time and there is no vested private right of any kind against such amendment or repeal; and "Whereas, the General Assembly intended to charge the department with the administration of Title 41, Chapters 27 through 41, which includes the enforcement, interpretation, and execution of Section 41-35-40; and "Whereas, the General Assembly has known of the department's enforcement, interpretation, and execution of Section 41-35-40 regarding the weekly maximum benefit amounts paid to claimants; and "Whereas, the General Assembly has continuously approved the decades long practice by the department and its predecessor, the Employment Security Commission, of exercising its discretion to set a weekly maximum amount of unemployment benefits that an individual may receive in a week for the legitimate legislative purpose of ensuring the solvency of the unemployment insurance trust fund and that there are adequate funds to pay unemployment insurance benefits to individuals unemployed through no fault of their own; and "Whereas, the General Assembly believes that the department's enforcement, interpretation, and execution of Section 41-35-40 has been and continues to be reasonable and consistent with the General Assembly's intent and charge to administer Section 41-35-40; and "Whereas, the General Assembly intends to explicitly reaffirm that the department has always had the discretion to establish a maximum amount of unemployment benefits an individual may receive each week; and "Whereas, the General Assembly intends for this act to apply retroactively and govern all claims for unemployment insurance filed on or after July 1, 2007, and to apply to all proceedings disputing the department's calculation of an unemployed individual's maximum weekly benefit amount pending on or commenced after the date of the enactment of this act. [Text of act.]" "[SECTION 1.]B. The General Assembly ratifies and affirms that the department has reasonably and faithfully interpreted, executed, and enforced the provisions contained in Section 41-35-40 in accordance with its charge of the administration of the statute and the General Assembly's intent. The provisions of this SECTION shall apply retroactively to govern all claims for unemployment insurance benefits on or after July 1, 2007, so that all such claims are subject to the maximum weekly benefit amount set by the department at the time the claim was filed." Effect of Amendment The 2010 amendment substituted "forty-two dollars" for "twenty dollars" in the second sentence. 2022 Act No. 229, SECTION 1.A, inserted the (A) designator, and added (B) and (C).
S.C. Code Ann. § 41-31-350 — SC Code / Title 41 / Chapter 31 / Article 3 / Section 41-31-350
SECTION 41-31-350. Penalty for failure to file report.
Status: in_force

An employer that fails to file a report concerning wages or contributions pursuant to Chapters 27 through 41 of this title within fifteen days from the date upon which the department mailed a demand for the report, the department shall assess the employer a penalty of ten percent of the contributions due but no less than twenty-five nor more than one thousand dollars in addition to the contributions payable with respect to the report. Effect of Amendment The 2010 amendment rewrote the section.
S.C. Code Ann. § 41-29-290 — SC Code / Title 41 / Chapter 29 / Section 41-29-290
SECTION 41-29-290. Recommendations as to change in contribution or benefit rates.
Status: in_force

When the department believes a change in contribution or benefit rates is necessary to protect the solvency of the fund, it promptly must inform the Governor and the General Assembly of this information and make recommendations regarding it. Effect of Amendment The 2010 amendment substituted "department" for "Commission"; and made other nonsubstantive changes.
S.C. Code Ann. § 41-43-20 — SC Code / Title 41 / Chapter 43 / Section 41-43-20
SECTION 41-43-20. Definitions.
Status: in_force

As used in this chapter unless the context otherwise requires: (A) "Act" means the South Carolina Jobs - Economic Development Fund Act. (B) "Authority" means the South Carolina Jobs - Economic Development Authority, which is a state-owned enterprise. (C) "Administrative funds" means all monies, received by the authority from the general fund of the State or from the exercise of the power of taxation by the State or any of its political subdivisions which are designated specifically to be used for the payment of administrative expenses, and the earnings on the funds. (D) "Bonds" means any evidence of indebtedness of the authority in any form including, but not limited to, notes, warrants, bonds, or any similar obligation evidenced in written, printed, or electronic means. (E) "Program funds" means any monies, including, but not limited to, the proceeds from bond sales, the sale or disposition of any assets, or any other source available to the authority, other than administrative funds and the earnings on the funds. (F) "Banks" means financial organizations organized, chartered, or holding an authorization certificate and subject to supervision by an agency or official of South Carolina or of the United States and authorized to make loans and receive deposits. It includes but is not limited to savings and loan associations and savings banks. Effect of Amendment The 1992 amendment, in item (C) added "which are designated specifically to be used . . . . funds."; and in item (E) added "and the earnings on the funds."
S.C. Code Ann. § 41-43-80 — SC Code / Title 41 / Chapter 43 / Section 41-43-80
SECTION 41-43-80. Implementation of programs; delegation of authority; responsibility for programs.
Status: in_force

The authority must implement the programs of this act as soon as practicable. The authority must exercise care in the performance of its duties and the selection of specific programs and business enterprises to receive its assistance. The authority may delegate its authority to implement the programs authorized to any governmental agency or financial institution. The authority must retain ultimate responsibility and provide proper oversight for the implementation.
S.C. Code Ann. § 41-31-50 — SC Code / Title 41 / Chapter 31 / Article 1 / Section 41-31-50
SECTION 41-31-50. Determination of tax rates.
Status: in_force

Each employer eligible for a rate computation shall have his tax rate determined in the following manner: (1)(a)(i) Annually the department must calculate a contribution rate for each employer qualified for an experience rating. The contribution rate must correspond to the rate calculated for the employer's benefit ratio class. (ii) To determine an employer's benefit ratio rank, the department must list all employers by increasing benefit ratios, from the lowest benefit ratio to the highest benefit ratio. The list must be divided into classes ranked one through twenty. Each class must contain approximately five percent of the total taxable wages, excluding employers with less than twelve months of accomplished liability, employers with outstanding tax liens, delinquent tax class employers, and employers who reimburse the department in lieu of contributions, paid in covered employment during the four completed calendar quarters immediately preceding the computation date. Each employer must be placed in the class that corresponds with the employer's benefit ratio. (iii) If an employer's taxable wages qualify the employer for two separate classes, the employer shall be afforded the class assigned the lower contribution rate. Employers with identical benefit ratios shall be assigned to the same class. (b) The income needed to pay benefits for the calendar year plus any applicable income needed to reach the solvency target must be divided by the estimated taxable wages for the calendar year. The result rounded to the next higher one-hundredth of one percent is the average required rate needed to pay benefits and achieve solvency targets. (c) The rate for class twenty will be set such that the entire schedule raises the income required to pay benefits for the year, as well as the income necessary to move the trust fund toward the solvency target, subject to the structure provided in this chapter. However, the rate for class twenty must be at least five and four-tenths percent. (2)(a) If the calculated rate necessary for benefit rate class twenty exceeds five and four-tenths percent, then the rate for each preceding benefit rate class shall be equal to ninety percent of the rate calculated for the succeeding class, except that rate class twelve shall be set at one-fourth the rate calculated for class twenty, provided that the rate for class one shall be zero. (b)(i) If the computed rate necessary for class twenty is less than five and four-tenths percent, then the rate for class twenty shall be set at five and four-tenths percent. (ii) The rate for rate class twelve shall be calculated by multiplying the average tax rate computed in item (1)(b) by twenty, subtracting five and four-tenths percent, and dividing by nineteen. (iii) The contribution rate for rate classes eleven through one shall be equal to ninety percent of the rate for the succeeding class, provided that the rate for class one shall be zero. (iv) The contribution rate for class thirteen shall be equal to one hundred twenty percent of the rate calculated for rate class twelve. (v) The contribution rate for rate class nineteen shall be set at an amount that allows for average contributions, beginning with class eighteen and ending with class fourteen, that are equal to ninety percent of the preceding class. (3) For calendar year 2011 and any subsequent calendar year, voluntary payments are not permitted for the purpose of obtaining a lower rate of required contributions. (4) For tax year 2011, no employer shall have a base tax rate higher than the base tax rate for rate class twelve if during the applicable rate computation period, as defined in Section 41-31-5, the employer has been credited with more in tax contributions than have been charged to that employer's account for benefits. Effect of Amendment The 2010 amendment rewrote the section. The 2011 amendment in the first undesignated paragraph substituted "tax rate" for "base rate"; in subsection (1)(a)(i) inserted "the" before "rate calculated" in the second sentence; in subsection (1)(a)(ii) substituted "employers with less than twelve months of accomplished liability, employers with outstanding tax liens, delinquent tax class employers, and employers who reimburse the department in lieu of contributions" for "reimbursable employment wage" in the third sentence; in subsection (2)(b)(ii) substituted "item" for "subsection"; added subsection (3) relating to calendar year 2011; and added subsection (4) relating to tax year 2011.
S.C. Code Ann. § 41-7-10 — SC Code / Title 41 / Chapter 7 / Section 41-7-10
SECTION 41-7-10. Denial of right to work for membership or nonmembership in labor organization declared to be against public policy.
Status: in_force

It is hereby declared to be the public policy of this State that the right of persons to work must not be denied or abridged because of membership or nonmembership in a labor union or labor organization. Effect of Amendment The 2012 amendment made nonsubstantive changes.
S.C. Code Ann. § 41-27-760 — SC Code / Title 41 / Chapter 27 / Article 7 / Section 41-27-760
SECTION 41-27-760. Candidates for Department of Employment and Workforce Appellate Panel; support pledges limited; violations.
Status: in_force

(A) No candidate for or person intending to become a candidate for the Department of Employment and Workforce Appellate Panel may seek, directly or indirectly, the pledge of a member of the General Assembly's vote or contact, directly or indirectly, a member of the General Assembly or the review committee regarding screening for the Department of Employment and Workforce Appellate Panel, until the qualifications of all candidates for that office have been determined by the Department of Employment and Workforce Review Committee, and the review committee has formally released its report as to the qualifications of all candidates for the office to the General Assembly. For purposes of this section, "indirectly seeking a pledge" means the candidate, or someone acting on behalf of or at the request of the candidate, requests a person to contact a member of the General Assembly on behalf of the candidate before the review committee has formally released its report as to the qualifications of all candidates to the General Assembly. The prohibitions of this section do not extend to an announcement of candidacy by the candidate or statement by the candidate detailing the candidate's qualifications. (B)(1) No member of the General Assembly may pledge or offer his pledge for his vote for a candidate until the qualifications of all candidates for the Department of Employment and Workforce Appellate Panel have been determined by the Department of Employment and Workforce Review Committee, and the review committee has formally released its report as to the qualifications of all candidates to the General Assembly. The formal release of the report of qualifications must occur no earlier than forty-eight hours after the names of all candidates found qualified by the review committee have been initially released to members of the General Assembly. (2) No member of the review committee may pledge or offer his pledge to find a candidate qualified prior to the review committee's determination of qualifications. (C) No member of the General Assembly may trade anything of value, including pledges to vote for legislation or for other candidates, in exchange for another member's pledge to vote for a candidate for the Department of Employment and Workforce Appellate Panel. (D)(1) Violations of this section may be considered by the Department of Employment and Workforce Review Committee when it considers the candidate's qualifications. (2) Violations of this section by members of the General Assembly must be reported by the review committee to the House or Senate Ethics Committee, as may be applicable. (3) Violations of this section by incumbent appellate panelists seeking reelection must be reported by the Department of Employment and Workforce and the Department of Employment and Workforce Appellate Panel to the State Ethics Commission. A violation of this section is a misdemeanor and, upon conviction, the violator must be fined not more than one thousand dollars or imprisoned not more than ninety days, or both. Cases tried under this section may not be transferred from general sessions court pursuant to Section 22-3-545.
S.C. Code Ann. § 41-31-125 — SC Code / Title 41 / Chapter 31 / Article 1 / Section 41-31-125
SECTION 41-31-125. Assignment of employment benefit record upon acquisition or reorganization of existing employment unit.
Status: in_force

(A) Notwithstanding the provisions of Sections 41-31-100 and 41-31-120, an employing unit must be assigned all or a portion of the employment benefit record of an existing employing unit when there is an acquisition or change in the form or organization of an existing business enterprise, or severable portion of an existing business enterprise, and there is a continuity of control of the business enterprise. The employing unit must be assigned the same rate as the predecessor, or the predecessor who has the highest base rate if there is more than one predecessor employing unit with different base rates. (1) For purposes of this section control of the business enterprise may occur by means of ownership of the organization conducting the business enterprise, ownership of assets necessary to conduct the business enterprise, security arrangements or lease arrangements covering assets necessary to conduct the business enterprise, including workers, or a contract when the ownership, stated arrangements, or contract provide for or allow direction of the internal affairs or conduct of the business enterprise. (2) For purposes of this section continuity of control exists if one or more persons, entities, or other organizations controlling the business enterprise remain in control of the business enterprise after an acquisition or change in form or there is a transfer to persons within the first degree of kinship to the transferors. Evidence of continuity of control includes, but is not limited to, changes of an individual proprietorship to a corporation, partnership, limited liability company, association, or estate; a partnership to an individual proprietorship, corporation, limited liability company, association, estate, or the addition, deletion, or change of partners; a limited liability company to an individual proprietorship, partnership, corporation, association, estate, or to another limited liability company; a corporation to an individual proprietorship, partnership, limited liability company, association, estate, or to another corporation or from any form to another form. (B) An employing unit must not be assigned any portion of the employment benefit record of an existing employing unit upon the acquisition of that established business or of an identifiable and segregable part of that established business if: (1) the acquiring person was not otherwise an employer at the time of the acquisition; (2) the person has no substantial commonality of interest, including ownership or management, in the business acquired; and (3) the department finds that the person acquired the business or an identifiable and segregable part of the business solely or primarily for the purpose of obtaining a lower rate of contributions. (C) If the experience rating account of the predecessor is equal to or exceeds tax class thirteen, the experience rating account of the predecessor employer in any event must be transferred to the successor employer in accordance with the provisions of Section 41-31-140. (D)(1) An employing unit that knowingly attempts to violate the provisions of this section must be assessed a penalty in an amount equal to the greater of one thousand dollars or ten percent of the tax determined by the department to be due for each report that is submitted in violation of this section. For the purposes of this section, the terms "knowingly" or "knowing" mean having actual knowledge of or acting with deliberate ignorance of or reckless disregard for the prohibition in this section. This penalty may be recovered in the manner provided in Article 3 of this chapter for the collection of other penalties. Officers and directors of the enterprise comprising the employing unit are individually liable for the penalties assessed pursuant to this subsection. (2) A contribution tax return preparer who violates this section or provides advice to an employing unit that results in a knowing violation of the provisions of this section is liable for a penalty of not less than one thousand dollars nor more than ten thousand dollars for each report submitted in violation of this section. This penalty may be recovered by the department in an appropriate civil action in any court of competent jurisdiction. (3) As used in this section, a "contribution tax return preparer" is a person who prepares for compensation, or who employs one or more persons to prepare for compensation, any contribution and wage report or report of change in the status of an employing unit required by this chapter or any claim for credit for a tax imposed by this chapter. For purposes of this definition, the completion of a substantial portion of a report is treated as the preparation of the entire report. The term does not include a person merely because the person furnishes typing, reproducing, or other mechanical assistance, prepares a report of the employer, or an officer or employee of the employer, by whom the person is regularly and continuously employed, prepares as a fiduciary a report for any person, or represents a taxpayer in a hearing regarding an issue arising under this chapter. (E) The department shall establish procedures to identify the transfer or acquisition of a business for purposes of this section. Effect of Amendment The 2010 amendment in subsection (A) substituted "of an existing business enterprise" for "thereof"; in subsection (B) substituted "that established business" for "thereof"; in subsection (B)(3) substituted "of the business" for "thereof"; in subsection (C) deleted "in any event" following "predecessor employer"; substituted "department" for "commission" throughout; and made nonsubstantive changes. The 2011 amendment rewrote subsection (C).
S.C. Code Ann. § 41-31-120 — SC Code / Title 41 / Chapter 31 / Article 1 / Section 41-31-120
SECTION 41-31-120. Successor by merger, purchase of part of established business.
Status: in_force

In the event that any person acquires by purchase, merger, consolidation, devise, inheritance or otherwise, a distinct, severable, identifiable and segregable part of the business of an employer and continues the acquired part of the business of the predecessor, the successor shall succeed to that portion of the employment benefit experience record of the predecessor which is attributable solely to the portion of the business which was acquired, except that a succession to the benefit experience attributable to an identifiable portion of the business of the predecessor shall not occur unless the successor is an employer at the time of the acquisition or becomes an employer within the quarter in which the succession occurs; provided, that no partial transfer of any employment benefit experience record shall be made unless a request is entered by both the predecessor and the successor employer. The department shall prescribe by regulation a period within which notification of the acquisition shall be given and the method by which the experience to be transferred shall be computed. Effect of Amendment The 2010 amendment substituted "benefit experience" for "reserve account" in the first sentence, substituted "department" for "Commission" in the second sentence, and made non substantive changes.
S.C. Code Ann. § 41-29-35 — SC Code / Title 41 / Chapter 29 / Section 41-29-35
SECTION 41-29-35. Executive Director; appointment.
Status: in_force

(A) The Executive Director of the Department of Employment and Workforce must be appointed pursuant to the procedure set forth in Section 41-27-720. (B) The committee must nominate three applicants found qualified to serve as executive director for the Governor's consideration. In making nominations to the Governor, the committee should consider race, gender, national origin, and other demographic factors to ensure nondiscrimination to the greatest extent possible as to all segments of the population of the State. The committee must also give due consideration to a person's ability, area of expertise, dedication, compassion, common sense, and integrity. If fewer than three applicants are found qualified to serve as executive director, the committee must resolicit for applicants and continue the screening process until three applicants are found qualified and nominated. (1) A person may not be appointed to serve as permanent executive director unless the committee finds the person qualified. (2) The Governor must transmit the name of his appointee to the Senate for advice and consent. (3) If the Governor rejects all of the nominees, the committee must reopen the nominating process. (C) For the committee to find a person qualified, he must have: (1) a baccalaureate or more advanced degree from: (a) a recognized institution of higher learning requiring face to face contact between its students and instructors prior to completion of the academic program; (b) an institution of higher learning that has been accredited by a regional or national accrediting body; or (c) an institution of higher learning chartered before 1962; and (2) a background of substantial duration and expertise in business, labor and employment, employment benefits, human resource management, or five years' experience as a practicing attorney. (D) The committee may find a person qualified although he does not have a background of substantial duration and expertise in one of the five enumerated areas contained in subsection (C)(2) of this section if two-thirds of the committee vote to qualify this candidate and provide written justification of their decision in the report as to the qualifications of the candidates. 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."
S.C. Code Ann. § 41-3-50 — SC Code / Title 41 / Chapter 3 / Article 1 / Section 41-3-50
SECTION 41-3-50. Inspections of work places, sites, or areas.
Status: in_force

The director of the department or his designee shall visit and inspect at reasonable hours, as often as practicable, all places, sites, or areas where employment comes under the jurisdiction of the department to enforce the provisions of Chapters 1 through 24. Effect of Amendment The 1993 amendment substituted "The director of the department or his designee" for "The Commissioner, his assistants and inspectors" and "division" for "Commissioner". The 2010 amendment substituted "24" for "25 of this Title" at the end of this section.
S.C. Code Ann. § 41-13-60 — SC Code / Title 41 / Chapter 13 / Section 41-13-60
SECTION 41-13-60. Inspection of factories and records for enforcement purposes.
Status: in_force

The Director and the inspectors and agents of the Department may enter and inspect at any time any place or establishment where minors are employed and may have access to all such records as may aid in the enforcement of this chapter.
S.C. Code Ann. § 41-10-40 — SC Code / Title 41 / Chapter 10 / Section 41-10-40
SECTION 41-10-40. Medium of payment; deposit of wages to employee's credit; prohibition against deductions in absence of written notice; time and place of payment.
Status: in_force

(A) Every employer in the State shall pay all wages due in lawful United States money or by negotiable warrant or check bearing even date with the payday. (B) An employer may deposit all wages due to the employee's credit at a financial institution which is doing business in the State and is insured by an agency of the federal government. When an employee's wages are paid by deposit at a financial institution, he must be furnished a statement of earnings and withholdings. Any wage deposit plan adopted by an employer shall entitle each employee to at least one withdrawal for each deposit, free of any service charge. (C) An employer shall not withhold or divert any portion of an employee's wages unless the employer is required or permitted to do so by state or federal law or the employer has given written notification to the employee of the amount and terms of the deductions as required by subsection (A) of Section 41-10-30. (D) Every employer in the State shall pay all wages due at the time and place designated as required by subsection (A) of Section 41-10-30.
S.C. Code Ann. § 41-15-330 — SC Code / Title 41 / Chapter 15 / Article 3 / Section 41-15-330
SECTION 41-15-330. Action when penalty is not paid within thirty days.
Status: in_force

In each case where the penalty is not paid within thirty days, the Attorney General shall bring an action against the assessed employer. Any amounts collected shall be turned over to the State Treasurer for deposit in the General Fund of the State.
S.C. Code Ann. § 41-1-15 — SC Code / Title 41 / Chapter 1 / Section 41-1-15
SECTION 41-1-15. Establishment of drug prevention program in workplace; confidentiality of information concerning test results.
Status: in_force

(A) Notwithstanding any other provision of the law, an employer may establish a drug prevention program in the workplace pursuant to Section 38-73-500(B) which shall include: (1) a substance abuse policy statement that balances the employer's respect for individuals with the need to maintain a safe, productive, and drug-free environment. The intent of the policy shall be to help those who need it while sending a clear message that the illegal use of nonprescription controlled substances or the abuse of alcoholic beverages is incompatible with employment at the specified workplace; and (2) notification to all employees of the drug prevention program and its policies at the time the program is established by the employer or at the time of hiring the employee, whichever is earlier. (B) All information, interviews, reports, statements, memoranda, and test results, written or otherwise, received by the employer through a substance abuse testing program are confidential communications, but may be used or received in evidence, obtained in discovery, or disclosed in any civil or administrative proceeding. (C) Employers, laboratories, medical review officers, insurers, drug or alcohol rehabilitation programs, and employer drug prevention programs, and their agents who receive or have access to information concerning test results shall keep all information confidential. Release of such information under any other circumstance shall be solely pursuant to a written consent form signed voluntarily by the employee tested or his designee unless the release is completed through disclosure by an agency of the State in a civil or administrative proceeding, order of a court of competent jurisdiction, or determination of a professional or occupational licensing board in a related disciplinary proceeding. The consent form must contain at a minimum: (1) the name of the person who is authorized to obtain the information; (2) the purpose of the disclosure; (3) the precise information to be disclosed; (4) the duration of the consent; and (5) the signature of the person authorizing release of the information. (D) Information on test results shall not be released for or used or admissible in any criminal proceeding against the employee.
S.C. Code Ann. § 41-31-10 — SC Code / Title 41 / Chapter 31 / Article 1 / Section 41-31-10
SECTION 41-31-10. General rate of contribution.
Status: in_force

Each employer shall pay contributions equal to the tax rate assigned to rate class twenty except as may be otherwise provided in Chapters 27 through 41 of this title. The department must promulgate regulations regarding the methodology by which the allowed prepayment amounts will be calculated and the manner in which they will be credited to the employer's account. Effect of Amendment The 1986 amendment changed the rate of contributions from "two and seven-tenths per cent" to "five and four-tenths percent" and made grammatical changes. The 1999 amendment designated the former section as subsection (A), and added subsection (B). The first 2010 amendment in subsection (A) added the last two sentences relating to prepayment. The second 2010 amendment deleted subsection identifier (A) and subsection (B), and omitted the text added by 2010 Act No. 146 to subsection (A). The 2011 amendment substituted "the tax rate assigned to rate class twenty" for "five and four-tenths percent of wages paid by him during each year".
S.C. Code Ann. § 41-35-620 — SC Code / Title 41 / Chapter 35 / Article 5 / Section 41-35-620
SECTION 41-35-620. Notice of determination of insured status.
Status: in_force

(1) Written notice of a determination of insured status shall be furnished to the claimant promptly. Such notice shall include a statement as to whether the claimant is an insured worker, the amount of wages for insured work paid to him by each employer during his base period, and the employers by whom such wages were paid. For an insured worker the notice shall include also his benefit year, his weekly benefit amount, and the maximum amount of benefits that may be paid to him for his unemployment during such year; for a worker who is not insured, the notice shall include the reason for such determination. (2) The claimant, his most recent employer, and any employer whose account may be affected by adjudication of the claim shall be promptly notified in writing of the initial determination, any amended initial determination, or redetermination and the reasons therefor.
S.C. Code Ann. § 41-31-52 — SC Code / Title 41 / Chapter 31 / Article 1 / Section 41-31-52
SECTION 41-31-52. Benefits for seasonal workers.
Status: in_force

Effective with claims filed on or after January 1, 2012: (1) A seasonal pursuit is one which, because of seasonal conditions making it impracticable or impossible to do otherwise, customarily carries on production operations only within a regularly recurring active period or periods of less than an aggregate of thirty-six weeks in a calendar year. No pursuit shall be considered seasonal until the department makes a determination that the pursuit is seasonal. However, any successor to a seasonal pursuit shall be deemed seasonal unless the successor requests cancellation of the seasonal pursuit status within one hundred twenty days after the acquisition. This provision shall not be applicable to pending cases nor retroactive in effect. (2) Upon application by a pursuit for seasonal pursuit status, the department shall determine or redetermine whether the pursuit is seasonal and, if seasonal, the pursuit's active period. The department may, on its own motion, redetermine a seasonal pursuit's active period. An application for a seasonal determination must be made on forms prescribed by the department and must be made at least thirty days prior to the beginning date of the period of production operations for which a determination is requested. (3) Whenever the department has determined or redetermined a pursuit to be seasonal, the pursuit shall be notified immediately, and the notice must contain the beginning and ending dates of the pursuit's active period or periods. Pursuits determined or redetermined to be a seasonal pursuit shall display notices of its seasonal determination conspicuously on its premises in a sufficient number of places to be available for inspection by its workers. The notices shall be furnished by the department. (4) A seasonal determination must become effective unless an interested party files an application for review within ten days of the beginning date of the first period of production operations to which it applies. An application for review shall be an application for a determination of status. (5) All wages paid to a seasonal worker during his base period must be used in determining his weekly benefit amount; provided, however, that all weekly benefit amounts so determined shall be rounded to the nearest lower full dollar amount, if not a full dollar amount. (6)(a) A seasonal worker is eligible to receive benefits based on seasonal wages only for a week of unemployment which occurs, or the greater part of which occurs, within the active period of the seasonal pursuit in which he earned base period wages. (b) A seasonal worker is eligible to receive benefits based on nonseasonal wages for any week of unemployment which occurs during any active period of the seasonal pursuit in which he has earned base period wages; provided he has exhausted benefits based on seasonal wages. The worker is also eligible to receive benefits based on nonseasonal wages for any week of unemployment which occurs during the inactive period or periods of the seasonal pursuit in which he earned base period wages irrespective as to whether he has exhausted benefits based on seasonal wages. (c) The maximum amount of benefits which a seasonal worker is eligible to receive, based on seasonal wages, shall be an amount, adjusted to the nearest multiple of one dollar, determined by multiplying the maximum benefits payable in his benefit year, as provided in Section 41-35-50, by the percentage obtained by dividing the seasonal wages in his base period by all of his base period wages. (d) The maximum amount of benefits which a seasonal worker is eligible to receive based on nonseasonal wages shall be an amount, adjusted to the nearest multiple of one dollar, determined by multiplying the maximum benefits payable in his benefit year, as provided in Section 41-35-50, by the percentage obtained by dividing the nonseasonal wages in his base period by all of his base period wages. (e) In no case is a seasonal worker eligible to receive a total amount of benefits in a benefit year in excess of the maximum benefits payable for such benefit year, as provided in Section 41-35-50. (7)(a) All benefits paid to a seasonal worker based on seasonal wages shall be charged, as prescribed in Section 41-31-20, against the account of his base period employer who paid him such seasonal wages, and for the purpose of this paragraph such seasonal wages shall be deemed to constitute all of his base period wages. (b) All benefits paid to a seasonal worker based on nonseasonal wages shall be charged, as prescribed in Section 41-31-20, against the account of his base period employer who paid him such nonseasonal wages, and for the purpose of this paragraph such nonseasonal wages shall be deemed to constitute all of his base period wages. (8) The benefits payable to any otherwise eligible individual shall be calculated in accordance with this section for any benefit year which is established on or after the beginning date of a seasonal determination applying to a pursuit by which such individual was employed during the base period applicable to such benefit year, as if such determination had been effective in such base period. (9) Nothing in this section shall be construed to limit the right of any individual whose claim for benefits is determined in accordance herewith to appeal from such determination as provided in Section 41-35-660. (10) As used in this section: (a) "Pursuit" means an employer or branch of an employer. (b) "Branch of an employer" means a part of an employer's activities which is carried on or is capable of being carried on as a separate enterprise. (c) "Production operations" means all the activities of a pursuit which are primarily related to the production of its characteristic goods or services. (d) "Active period or periods" of a seasonal pursuit means the longest regularly recurring period or periods within which production operations of the pursuit are customarily carried on. (e) "Seasonal wages" means the wages earned in a seasonal pursuit within its active period or periods. The department may prescribe by regulation the manner in which seasonal wages shall be reported. (f) "Seasonal worker" means a worker at least twenty- five percent of whose base period wages are seasonal wages. (g) "Interested party" means any individual affected by a seasonal determination. (h) "Inactive period or periods" of a seasonal pursuit means that part of a calendar year which is not included in the active period or periods of such pursuit. (i) "Nonseasonal wages" means the wages earned in a seasonal pursuit within the inactive period or periods of such pursuit, or wages earned at any time in a nonseasonal pursuit. (j) "Wages" means remuneration for employment."
S.C. Code Ann. § 41-43-30 — SC Code / Title 41 / Chapter 43 / Section 41-43-30
SECTION 41-43-30. South Carolina Jobs-Economic Development Authority created; status; governance by Board of Directors; composition of board.
Status: in_force

There is created the South Carolina Jobs-Economic Development Authority, a public body corporate and politic and an agency of the State, with the responsibility of effecting the public purposes of this act. The authority is governed by a Board of Directors (board) which consists of ten members. Effect of Amendment The 1991 amendment decreased the number of members on the Board from eleven to nine. The 2012 amendment substituted "ten" for "nine".
S.C. Code Ann. § 41-35-730 — SC Code / Title 41 / Chapter 35 / Article 5 / Section 41-35-730
SECTION 41-35-730. Fees of subpoenaed witnesses.
Status: in_force

Witnesses subpoenaed pursuant to this article must be allowed fees and mileage at a rate fixed by the department, which must not exceed that allowed for witnesses by the administrative law court. These fees must be considered a part of the expense of administering Chapters 27 through 41 of this title. Effect of Amendment The 2010 amendment substituted "department" for "Commission"; substituted "by the administrative law court" for "in the court of common pleas in the county in which a hearing is held"; and made other nonsubstantive changes.
S.C. Code Ann. § 41-14-140 — SC Code / Title 41 / Chapter 14 / Section 41-14-140
SECTION 41-14-140. Assessment of civil penalties; factors considered; penalty for failure to comply with written order.
Status: in_force

(A) Any person or entity that fails to comply with the provisions of this chapter or the regulations promulgated pursuant to this chapter may be assessed a civil penalty of not more than five thousand dollars for each violation. When considering the assessment of penalties, consideration must be given to the good faith actions of and the history of prior violations by the person or entity as well as any other relevant circumstances. (B) Any person or entity that fails to timely comply after written notice by the department of a violation is subject to a penalty of up to one hundred dollars per day for such noncompliance.
S.C. Code Ann. § 41-27-265 — SC Code / Title 41 / Chapter 27 / Article 3 / Section 41-27-265
SECTION 41-27-265. Corporate officers not exempt from unemployment benefits absent corporate election; notice; procedure; exceptions; new business registration.
Status: in_force

(A)(1) Solely for purposes of this section, "corporate officer" shall mean a person appointed or otherwise serving as an officer for a corporation pursuant to Article 4, Chapter 8, Title 33, a person who owns twenty-five percent or more of the shares of a corporation, or a person who otherwise exercises an ownership interest in a corporation. Solely for the purposes of this title, services performed by a corporate officer shall be considered services in employment unless a corporation elects not to cover all of its corporate officers under item (2). If an employer elects not to cover its corporate officers under item (2), the employer must notify its corporate officers in writing that they are ineligible for unemployment benefits. However, if the employer fails to provide notice, the individual's status as a corporate officer is unchanged and the person remains ineligible for unemployment benefits. (2) An employer may elect not to cover its corporate officers by providing the department with a written election that all services performed by its corporate officers shall not be deemed to constitute employment for all purposes related to Chapters 27 through 41 of this title for at least two calendar years. To make the election, a corporation with qualifying corporate officers pursuant to item (1) must register with the department all qualifying corporate officers exempt from coverage. The registration must be in a format prescribed by the department. Registration forms received and approved by the department on or before January fifteenth must become effective the first day of the calendar year and must remain in effect for at least two consecutive calendar years. Registration forms received and approved by the department after January fifteenth, must become effective January first of the following year, and must remain in effect for at least two consecutive calendar years. Exemptions from coverage shall not be eligible for a refund or credit for contributions paid for corporate officers before the effective date of the exemption. (B)(1) Solely for the purposes of this title, services performed by a person who has at least a twenty-five percent ownership interest in a business entity formed pursuant to the laws of this State, other than a corporation, shall be considered services in employment unless the entity elects not to cover a person with at least a twenty-five percent ownership interest in the entity. (2) A person who has an ownership interest of at least twenty-five percent in a business entity formed pursuant to the laws of this State, other than a corporation, may elect not to cover himself by providing the department with a written election that all services performed by the person shall not be deemed to constitute employment for all purposes related to Chapters 27 through 41 of this title for at least two calendar years. The election must be in a format prescribed by the department. Election forms received and approved by the department on or before January fifteenth must become effective the first day of the calendar year and must remain in effect for at least two consecutive calendar years. Registration forms received and approved by the department after January 15, 2015, must become effective January 1, 2016, and must remain in effect for at least two consecutive calendar years. Exemptions from coverage must not be retroactive and the business entity requesting the exemption shall not be eligible for a refund or credit for contributions paid for persons before the effective date of the exemption. (3) A newly formed business entity with qualifying persons pursuant to items (1) and (2) must register with the department each person it elects to exempt within thirty calendar days after becoming an employer under Chapters 27 through 41 of this title. Registration forms received and approved by the department must become effective on and after the date of approval and must remain in effect for at least two consecutive calendar years. (C)(1) Services performed by an individual employed by a religious, charitable, educational, or other organization which is excluded from the term "employment" as defined in the federal Unemployment Tax Act solely by reason of 26 U.S.C. Section 3306(c)(8) of that act are not subject to the provisions of this section. (2) Services performed by an individual employed by an Indian tribe, as defined in 26 U.S.C. Section 3306(u) of the federal Unemployment Tax Act, provided that the service is excluded from the term "employment" as defined in the federal Unemployment Tax Act solely by reason of 26 U.S.C. Section 3306(c)(7) of that act are not subject to the provisions of this section. Editor's Note 2015 Act No. 77, SECTION 3, provides as follows: "SECTION 3. This act takes effect upon approval by the Governor. The provisions contained in SECTION 1 shall retroactively apply to contribution rates calculated and imposed on or after January 1, 2015. Where the application of SECTION 1 would result in the reduction of contribution rates on an employer, the department shall credit that amount against future contributions from that employer until the credit is exhausted." Effect of Amendment 2015 Act No. 77, SECTION 1, rewrote (A) and (B).
S.C. Code Ann. § 41-33-710 — SC Code / Title 41 / Chapter 33 / Article 5 / Section 41-33-710
SECTION 41-33-710. Department of Employment and Workforce administrative contingency fund.
Status: in_force

(A) There is created in the State Treasury a special fund to be known as the Department of Employment and Workforce administrative contingency fund, which consists of all assessments collected pursuant to Section 41-27-410. Money in the Department of Employment and Workforce administrative contingency fund must be deposited, administered, and disbursed in accordance with the provisions of Section 41-33-420 applicable to the Department of Employment and Workforce administration fund. (B) Money deposited in the Department of Employment and Workforce administrative contingency fund is appropriate and made available to the department. Money in the fund must be expended to: (1) assist with the reemployment of unemployed workers using the most efficient and effective means of service delivery; (2) undertake a program or activity that furthers the goal of the department as provided in Chapter 42 of this title; (3) supplement basic employment security services with special job search and claimant placement assistance designed to assist unemployment insurance claimants to obtain employment; (4) provide employment services, like recruitment, screening, and referral of qualified workers to agricultural areas where those services have in the past contributed to positive economic conditions for the agricultural industry; and (5) provide otherwise unobtainable information and analysis to the legislature and program managers about issues related to employment and unemployment. (C) A balance in the fund does not lapse, but is continuously available to the department for expenditure consistent with Chapter 42 of this title. The department must issue its requisition approved by its director or his designated officer or agent for the purposes set forth in this section 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 fund. Effect of Amendment The 2010 amendment substituted "department" for "commission" throughout this section; redesignated subsections (a) and (b) as (A) and (B), respectively; designated the last paragraph of the section as subsection (C), and substituted "its director" for "the chairman" following "issue its requisition approved by" therein; and made other nonsubstantive changes throughout the section. The 2011 amendment four times substituted "Department of Employment and Workforce" for "Employment Security".
S.C. Code Ann. § 41-35-140 — SC Code / Title 41 / Chapter 35 / Article 1 / Section 41-35-140
SECTION 41-35-140. Disclosure regarding child support obligations; deductions from benefits due.
Status: in_force

(A) The department may require an individual filing a new claim for unemployment compensation to disclose, at the time of filing the claim, whether or not he owes child support obligations as defined under subsection (G), or, pursuant to an agreement between the department and the state or local child support enforcement agency, the state or local child support enforcement agency must notify the department whether a particular individual who has filed a new or continued claim for unemployment compensation, at the time of filing the claim, owes child support obligations, or if the state or local child support enforcement agency advises the department that the individual owes child support obligations and the individual is determined to be eligible for unemployment compensation, the department must notify the state or local child support enforcement agency enforcing the obligations that the individual has been determined to be eligible for unemployment compensation. (B) The department must deduct and withhold from unemployment compensation payable to an individual who owes a child support obligation as defined under subsection (G): (1) the amount specified by the individual to the department to be deducted and withheld under this section, if neither (2) nor (3) of this subsection (B) is applicable; (2) the amount, if any, determined pursuant to an agreement submitted to the department under Section 454 (20)(B)(i) of the Social Security Act by the state or local child support enforcement agency unless item (3) is applicable; or (3) An amount otherwise required to be deducted and withheld from unemployment compensation pursuant to legal process, as that term is defined in Section 462(e) of the Social Security Act properly served upon the department. (C) An amount deducted and withheld under subsection (B) must be paid by the department to the appropriate state or local child support enforcement agency. (D) An amount deducted and withheld under subsection (B) must be treated as if it were paid to the individual as unemployment compensation and paid by the individual to the state or local child support enforcement agency in satisfaction of the individual's child support obligation. (E) For the purposes of subsections (A) through (D), the term "unemployment compensation" means compensation payable under this act, including amounts payable by the department pursuant to an agreement under federal law providing for compensation, assistance, or allowances concerning unemployment. (F) This section applies only if appropriate arrangements have been made for reimbursement by the state or local child support enforcement agency for the administrative costs incurred by the department under this section which are by the state or local child support enforcement agency. (G) The term "child support obligation" means for purposes of these provisions, attributable to a child support obligation enforced pursuant to a plan described in Section 454 of the Social Security Act and approved by the Secretary of Health and Human Services under Part D of Title IV of the Social Security Act. (H) The term "state or local child support enforcement agency" as used in these provisions means an agency of this State or a political subdivision of this State operating pursuant to a plan described in subsection (G). (I) This section is effective for weeks commencing on or after October 1, 1982. Effect of Amendment The 2010 amendment redesignated subsections (a) through (i) as (A) through (I), respectively; substituted "department" for "commission" throughout the section; and made other nonsubstantive changes throughout the section.
S.C. Code Ann. § 41-35-10 — SC Code / Title 41 / Chapter 35 / Article 1 / Section 41-35-10
SECTION 41-35-10. Payment of benefits generally.
Status: in_force

Benefits shall become payable from the fund to any individual who is unemployed and eligible for benefits. Except as provided in Section 41-35-20 benefits based on service in employment defined in Section 41-27-230 (2) and (3) shall be payable in the same amount, on the same terms, and subject to the same conditions as compensation payable on the basis of other service subject to Chapters 27 through 41 of this Title. All benefits shall be paid through employment offices, in accordance with such regulations as the department may prescribe.
S.C. Code Ann. § 41-29-210 — SC Code / Title 41 / Chapter 29 / Section 41-29-210
SECTION 41-29-210. Penalties for contumacy or failure to obey subpoena.
Status: in_force

(1) In case of contumacy by a person or refusal to obey a subpoena issued to a person, a court of this State or judge of this State within the jurisdiction of which the person guilty of contumacy or refusal to obey is found, resides, or transacts business, upon application by the department or a duly authorized representative may issue to him an order requiring him to appear before the department or a duly authorized representative of the department to produce evidence if ordered to do so or to give testimony touching the matter under investigation or in question. Failure to obey an order of the court may be punished as a contempt of the order. (2) A person who, without just cause, fails or refuses to attend and testify; to answer a lawful inquiry; or to produce books, papers, correspondence, memoranda and other records, if it is in his power to do this in accordance with a subpoena of the department or a duly authorized representative, must be punished by a fine of not less than twenty nor more than two hundred dollars or by imprisonment for not more than thirty days. Each failure to obey a subpoena constitutes a separate offense. Effect of Amendment The 2010 amendment substituted "department" for three occurrences of "Commission"; and made other nonsubstantive changes throughout this section.
S.C. Code Ann. § 41-7-130 — SC Code / Title 41 / Chapter 7 / Section 41-7-130
SECTION 41-7-130. Contemporaneous filings by labor organizations of documents required to be filed with Secretary of Labor.
Status: in_force

A labor organization with members that work in South Carolina shall file with the department contemporaneously copies of the documents required to be filed with the Secretary of Labor, pursuant to 29 U.S.C. Sections 401, et seq. as amended.
S.C. Code Ann. § 41-43-190 — SC Code / Title 41 / Chapter 43 / Section 41-43-190
SECTION 41-43-190. Expert programs; purposes; criteria for assistance.
Status: in_force

(A) Upon securing sufficient funds, the authority is directed to develop programs to encourage the export of goods, services, commodities, machinery, equipment, or other personal property to which value is added within the State. So as to assist the exporters in competing for international sales, the authority may use any of its program funds to provide low interest loans, including fixed rate loans, guarantees, insurance, including insurance against political and commercial risks, or other commitments for the benefit of eligible exporters. In furtherance of this direction, the authority may: (1) Issue (a) direct loans, to eligible exporters and (b) loans to lending institutions in accordance with the provisions of Sections 41-43-160 and 41-43-170. (2) Provide guarantees or insurance of up to ninety percent for: (a) Line of credit extended by lending institutions to eligible exporters with specific unfilled orders from foreign buyers. (b) Political and commercial risk on loans extended by lending institutions to foreign buyers for the purchase of property or services supplied by eligible exporters from this State. (c) Loans extended by lending institutions to eligible exporters with specific unfilled orders from foreign buyers. (3) Obtain guarantees and direct loans as the Export-Import Bank of the United States may make available for the purpose of facilitating programs authorized under this section. (4) Allocate funds to administer the programs authorized under this section. (5) Develop and implement other programs as it determines are necessary to improve the export potential for business enterprises located in the State. In developing and implementing the programs described in this section, the authority may consider the advice and counsel of the Governor's Export Advisory Committee, created by executive order as an adjunct to the State Development Board, or any successor thereto, and allocate available resources in a manner as will ensure that priority consideration is given to the needs of small and medium size businesses. (B) In addition to the findings and considerations required under Section 41-43-150, the following conditions must be met before an export transaction qualifies for assistance under this section: (1) The goods, services, commodities, machinery, equipment, or other personal property must have value added to it in South Carolina. (2) The exporter must be able to demonstrate to the satisfaction of the authority that the transaction complies with the applicable laws of this State, the United States, and the country of destination. (3) The exporter and the foreign purchaser must not be related persons as determined pursuant to the provisions of Sections 267(b) and (c) and 707(b) of the Internal Revenue Code, as amended, nor members of the same controlled group of corporations, as defined in Section 1563(a) of the Internal Revenue Code, as amended, (except that "more than 50 percent" may be substituted for "at least 80 percent" each place it appears therein), nor may either the exporter or the foreign purchaser otherwise indirectly or constructively own or control the other. (4) The foreign purchaser and the country in which it is located must otherwise be acceptable to the authority, taking into account factors such as the history of the trade relationship between the firms in this State and the purchaser or country of destination.
S.C. Code Ann. § 41-27-380 — SC Code / Title 41 / Chapter 27 / Article 3 / Section 41-27-380
SECTION 41-27-380. Wages.
Status: in_force

(A) "Wages" means remuneration paid for personal services, including commissions and bonuses, sums paid to an employee by an employer pursuant to an order of the National Labor Relations Board or by private agreement, consent, or arbitration for loss of pay by reason of discharge and cash value of all remuneration paid in any medium other than cash. The reasonable cash value of remuneration paid in a medium other than cash is estimated and determined pursuant to regulations prescribed by the department. "Wages" includes all tip income, including charged tips, received while performing a service that constitutes employment and are included in a written statement furnished to the employer. "Wages" does not include: (1) the amount of a payment with respect to services performed on behalf of an individual in its employ provided by a plan or system established by an employing unit which makes provision for individuals in its employ generally or for a class or classes of individuals, including an amount paid by an employing unit for insurance or annuities or into a fund to provide for any such payment, because of: (a) retirement; (b) sickness or accident disability; (c) medical and hospitalization expenses in connection with sickness or accident disability; or (d) death, provided the individual is in its employ has not the: (i) option to receive, instead of provisions for death benefits, part of payment or, if the death benefit is insured, part of the premiums or contributions to premiums paid by his employing unit; and (ii) right, under a provision of the plan, system, or policy of insurance providing for a death benefit, to assign the benefit or receive a cash consideration in lieu of the benefit either upon his withdrawal from the plan or system providing for the benefit or upon termination of the plan, system, or policy of insurance or of his service with the employing unit; (2) an amount received from this State or the Federal Government by a member of the South Carolina National Guard, the United States Naval Reserve, the Officers Reserve Corps, the Enlisted Reserve Corps, and the Reserve Corps of Marines as drill pay, including a longevity pay and allowance; (3) the payment by an employing unit, without deduction from the remuneration of the individual in its employ, of the tax imposed upon an individual in its employ, pursuant to Section 3101 of the Federal Internal Revenue Code, only if the service is agricultural labor or domestic service in a private home of the employer; (4) a payment, other than vacation pay or sick pay, made to an employee after the month in which he attains the age of sixty-five, if he did not work for the employer in the period for which payment is made; (5) a remuneration paid in a medium other than cash for a service performed in an agricultural labor or domestic service. (B) For the purpose of Chapter 31, Article 1 of this title, "wages" does not include that part of remuneration which, after remuneration equal to ten thousand dollars for the period of January 1, 2011, through December 31, 2011, twelve thousand dollars for the period of January 1, 2012, through December 31, 2014, and fourteen thousand dollars from January 1, 2015, has been paid in a calendar year to an individual by an employer or his predecessor or with respect to employment during any calendar year, is paid to the individual by the employer during the calendar year unless that part of the remuneration is subject to a tax under a federal law imposing a tax against which credit may be taken for contributions required to be paid into a state unemployment fund. For the purposes of this subsection, employment includes service constituting employment under any unemployment compensation law of another state. Effect of Amendment The first 2010 amendment, 2010 Act No. 146, SECTION 22, redesignated the paragraphs of the section; substituted "department" for two occurrences of "commission"; and made other nonsubstantive changes throughout the section. The second 2010 amendment, 2010 Act No. 234, SECTION 3, in subsection (B), substituted "ten thousand dollars" for "seven thousand dollars", and inserted the following date ranges and dollar amounts.
S.C. Code Ann. § 41-29-120 — SC Code / Title 41 / Chapter 29 / Section 41-29-120
SECTION 41-29-120. Employment stabilization; report requirements; joint electronic filing.
Status: in_force

(A)(1) The department, with the advice and aid of its advisory councils and through its appropriate divisions, shall take appropriate steps to: (a) reduce and prevent unemployment; (b) encourage and assist in adopting practical methods of vocational training, retraining, and vocational guidance; (c) investigate, recommend, advise, and assist in establishing and operating, by a municipality, county, school district, and the State, of reserves for public works to be used in times of business depression and unemployment; (d) promote the reemployment of unemployed workers throughout the State in every other way that is feasible; and (e) promote the joint electronic filing of Employer Unemployment Insurance Benefits Payments and Reports in conjunction with South Carolina Business One Stop to provide employment units a single point of contact for reporting and paying state taxes. (2) While pursuing these goals, the department also shall carry on and publish the results of statistical surveys, investigations, and research studies. (B) The department may require from an employing unit for the department's cooperation with the Bureau of Labor Statistics of the United States Department of Labor or its successor agency the United States Bureau of Labor Statistics report to: (1) assign industry codes to South Carolina employers under the ES-202 Covered Employment and Wages Program; (2) collect employment information on multiple worksites for South Carolina employers under the ES-202 Covered Employment and Wages Program; (3) collect monthly employment, hours, and earnings from South Carolina employers under the BLS-790 Current Employment Statistics Program; (4) collect employment information from federal employers under the ES-202 Covered Employment and Wages Program; and (5) collect occupational employment and wage information from South Carolina employers under the Occupational Employment Statistics Program. (C) As used in this section, "employing unit" means an entity employing more than twenty individuals. (D) The department must institute the following measures to the fullest extent possible under state and federal law: (1) increase eligibility reviews and investigations as to violations of Sections 41-35-110 and 41-35-120 and enforce appropriate disqualifications and penalties; (2) increase investigations of violations of Chapter 41, Title 41 and enforce appropriate penalties; (3) increase investigations of violations of Article 3, Chapter 31, Title 41 and enforce appropriate penalties; (4) keep detailed voting and attendance records at all department and appellate panel hearings and make them available to the General Assembly; (5) keep detailed travel and expense records for department employees and appellate panelists and make them available to the General Assembly; (6) continue to work with the South Carolina Revenue and Fiscal Affairs Office to develop and continuously improve a customer service portal, to include increased interagency integration and data sharing, and keep the General Assembly regularly informed of its progress in upgrading its computer system through a possible multistate compact in cooperation with the federal government; (7) report to the Chairman of the House Ways and Means Committee and the Chairman of the Senate Labor, Commerce and Industry Committee within five days of the effective date of this act as to the degree the department can accomplish or cannot accomplish each subitem in this subsection, and provide reasons why a subitem cannot be accomplished if the department cannot do so; (8) report to the Chairman of the House Ways and Means Committee and the Chairman of the Senate Labor, Commerce and Industry Committee on the first day of each month in Fiscal Years 2010 and 2011 on the progress of each request; and (9) take all other actions necessary and prudent to effectively and efficiently manage the state's unemployment benefits program. Effect of Amendment The 2002 amendment designated subsection (A), in subsection (A), inserted "statistical surveys," preceding "investigations and research studies"; and added subsections (B) and (C). The 2010 amendment rewrote this section to require the department to take steps to stabilize employment in South Carolina, promote joint electronic filing requirements, and to report to and cooperate with various federal and state governmental entities.
S.C. Code Ann. § 41-30-320 — SC Code / Title 41 / Chapter 30 / Article 3 / Section 41-30-320
SECTION 41-30-320. Appointment of Director; duties of Office of Statewide Workforce Development.
Status: in_force

The Governor shall appoint the Director of the OSWD with advice and consent of the Senate, subject to removal from office by the Governor pursuant to the provisions of Section 1-3-240(B). The state agency head salary review process and the rules and guidelines thereunder apply to the director. The OSWD shall: (1) oversee and ensure implementation of Coordinating Council for Workforce Development responsibilities pursuant to Section 41-30-540; (2) efficiently marshal public resources to optimally align, consolidate, streamline, and coordinate publicly funded workforce development efforts in this State; (3) provide centralized oversight of all publicly funded workforce development services in this State provided by state and local government agencies, nonprofit groups, and quasi-governmental groups that are appropriated state funds or are authorized to expend federal funds related to workforce development; (4) provide oversight of Regional Workforce Advisors as required in Section 41-30-710, et. seq.; (5) monitor compliance of each state and local government agency, nonprofit group, and quasi-governmental group that is appropriated state funds or is authorized to expend federal funds related to workforce development and, when necessary, direct those entities to take any action necessary to comply with the responsibilities set forth in the USP. Noncompliance with a directive of the OSWD must be recorded and made part of the report made as required in subitem (6); and (6) shall submit an annual report by November first of each fiscal year to the Governor, Speaker of the House, President of the Senate, Chair of the House Ways & Means Committee, and Chair of the Senate Finance Committee detailing all funds used for workforce development projects by all reporting state and local government agencies, nonprofit groups, and quasi-governmental groups that are appropriated state funds or are authorized to expend federal funds related to workforce development. This report also must identify those entities that did not comply with the provisions of this chapter. Editor's Note 2023 Act No. 67, SECTION 1, provides as follows: "SECTION 1. This act may be cited as the 'Statewide Education and Workforce Development Act'."
S.C. Code Ann. § 41-29-80 — SC Code / Title 41 / Chapter 29 / Section 41-29-80
SECTION 41-29-80. Classification of positions; salary schedules; personnel standards.
Status: repealed

The department shall: (1) classify all positions under Chapters 27 through 41 of this title except those exempted by the Federal Social Security Act or regulations of the Secretary of Labor or his successors; and (2) establish salary schedules and minimum personnel standards. These standards must conform to the minimum standards prescribed under the provisions of Section 303(a)(1) of the Federal Social Security Act, as amended, and applicable state law and regulations. Effect of Amendment The 2010 amendment substituted "department" for "Commission"; added subsection designations (1) and (2); added ", and applicable state law and regulations" at the send of subsection (2); and made other nonsubstantive changes. SECTIONS 41-29-90, 41-29-100. Repealed by 2010 Act No. 146, SECTION 123, eff March 30, 2010. Editor's Note Former SECTION 41-29-90 was entitled "Regulations as to appointment, promotion and demotion of employees" and was derived from 1962 Code SECTION 68-59; 1952 Code SECTION 68-59; 1942 Code SECTION 7035-91; 1936 (39) 1716; 1939 (41) 487; 1941 (42) 369. Former SECTION 41-29-100 was entitled "Delegation of authority; bonds" and was derived from 1962 Code SECTION 68-60; 1952 Code SECTION 68-60; 1942 Code SECTION 7035-91; 1936 (39) 1716; 1939 (41) 487; 1941 (42) 369.
S.C. Code Ann. § 41-10-10 — SC Code / Title 41 / Chapter 10 / Section 41-10-10
SECTION 41-10-10. Definitions.
Status: in_force

As used in this chapter: (1) "Employer" means every person, firm, partnership, association, corporation, receiver, or other officer of a court of this State, the State or any political subdivision thereof, and any agent or officer of the above classes employing any person in this State. (2) "Wages" means all amounts at which labor rendered is recompensed, whether the amount is fixed or ascertained on a time, task, piece, or commission basis, or other method of calculating the amount and includes vacation, holiday, and sick leave payments which are due to an employee under any employer policy or employment contract. Funds placed in pension plans or profit sharing plans are not wages subject to this chapter. Effect of Amendment The 1990 amendment deleted in subsection (2) "and severance" following "sick leave".
S.C. Code Ann. § 41-44-50 — SC Code / Title 41 / Chapter 44 / Section 41-44-50
SECTION 41-44-50. Maximum amount of credits allowed.
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.] The total amount of credits allowed under this chapter may not exceed in the aggregate five million dollars for all taxpayers and all taxable years, excluding any allowable tax credits of the Corporation. The credit must be allowed to taxpayers in the order of the time of the purchase of the qualified investments.
S.C. Code Ann. § 41-27-230 — SC Code / Title 41 / Chapter 27 / Article 3 / Section 41-27-230
SECTION 41-27-230. Employment.
Status: in_force

"Employment" means: (1) Any service performed prior to January 1, 1978, which was employment as defined in this subsection prior to such date and, subject to the other provisions of this subsection, service performed after December 31, 1977, for wages under a contract of hire, written or oral, expressed or implied, including service in interstate commerce by: (a) Any officer of a corporation; or (b) Any individual who, under the usual common law rules applicable in determining the employer-employee relationship, has the status of an employee; or (c) Any individual other than an individual who is an employee under subdivision (a) or (b) who performs services for remuneration for any employing unit: (i) As an agent-driver or commission-driver engaged in distributing meat products, vegetable products, fruit products, bakery products, beverages (other than milk) or laundry or dry-cleaning services, for his principal; (ii) As a traveling or city salesman, other than as an agent-driver or commission-driver, engaged upon a full-time basis in the solicitation on behalf of, and the transmission to, his principal (except for side-line sales activities on behalf of some other person) of orders from wholesalers, retailers, contractors, or operators of hotels, restaurants or similar establishments for merchandise for resale or supplies for use in their business operations; provided, that for purposes of subparagraph (1)(c), the term "employment" shall include services described in (i) and (ii) above performed after December 31, 1971, only if: A. The contract of service contemplates that substantially all of the services are to be performed personally by such individual; B. The individual does not have a substantial investment in facilities used in connection with the performance of the services (other than in facilities for transportation); and C. The services are not in the nature of a single transaction that is not part of a continuing relationship with the person for whom the services are performed. (2)(a) Service performed after December 31, 1971, by an individual in the employ of this State or any of its instrumentalities (or in the employ of this State and one or more other States or their instrumentalities) for a hospital or institution of higher education located in this State, or a political subdivision of this State which has elected to cover such service; provided, that such service is excluded from "employment" as defined in the Federal Unemployment Tax Act solely by reason of Section 3306(c)(7) of that act and is not excluded from "employment" under Section 41-27-230(4) of this Title. (b) Service performed after December 31, 1977, in the employ of this State or any political subdivision thereof, or any instrumentality of any one or more of the foregoing which is wholly owned by this State and one or more other states or political subdivisions, or any service performed in the employ of any instrumentality of this State or any political subdivisions thereof, and one or more other states or political subdivisions; provided, that such service is excluded from "employment" as defined in the Federal Unemployment Tax Act by Section 3306(c)(7) of that act and is not excluded from "employment" under Section 41-27-230(4) of this Title. (3) Service performed after December 31, 1971, by an individual in the employ of a religious, charitable, educational or other organization but only if the following conditions are met: (a) The service is excluded from "employment" as defined in the Federal Unemployment Tax Act solely by reason of Section 3306(c)(8) of that act; and (b) The organization had four or more individuals in employment in each of twenty different weeks, whether or not such weeks were consecutive, within either the current or preceding calendar year, regardless of whether they were employed at the same moment of time. (4) For the purposes of paragraphs (2) and (3) the term "employment" shall not apply to service excluded from employment by reason of Section 41-27-260(10). (5) Service performed after December 31, 1977, by an individual in agricultural labor as defined in Section 41-27-120 of this Title when: (a) Such service is performed for a person who: (i) During any calendar quarter in either the current or preceding calendar year paid remuneration in cash of twenty thousand dollars or more to individuals employed in agricultural labor (not taking into account service in agricultural labor performed before January 1, 1980, by an alien referred to in division (b) of this subparagraph); or (ii) 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 calendar year, employed in agricultural labor (not taking into account service performed before January 1, 1980, by an alien referred to in division (b) of this subparagraph), ten or more individuals regardless of whether they were employed at the same moment of time. (b) Such service is not performed in agricultural labor if performed before January 1, 1980, by an individual who is an alien admitted to the United States to perform service in agricultural labor pursuant to Sections 214(c) and 101(a)(15)(H) of the Immigration and Nationality Act. (c) For the purposes of this paragraph any individual who is a member of a crew furnished by a crew leader to perform service in agricultural labor for any other person shall be treated as an employee of such crew leader: (i) If such crew leader holds a valid certificate of registration under the Farm Labor Contractor Registration Act of 1963; or substantially all the members of such crew operate or maintain tractors, mechanized harvesting or cropdusting equipment, or any other mechanized equipment, which is provided by such crew leader; and (ii) If such individual is not an employee of such other person within the meaning of paragraph (1) of this section. (d) For the purposes of this paragraph, in the case of any individual who is furnished by a crew leader to perform service in agricultural labor for any other person who is not treated as an employee of such crew leader under (c); such other person and not the crew leader shall be treated as the employer of such individual, and such other person shall be treated as having paid cash remuneration to such individual in an amount equal to the amount of cash remuneration paid to such individual by the crew leader (either on his own behalf or on behalf of such other person) for the service in agricultural labor performed for such other person. (e) For the purposes of this paragraph, the term "crew leader" means an individual who: (i) Furnished individuals to perform service in agricultural labor for any other person; (ii) Pays (either on his own behalf or on behalf of such other person) the individuals so furnished by him for the service in agricultural labor performed by them, and (iii) Has not entered into a written agreement with such other farm operator under which such crew leader is designated as an employee of such other farm operator. (6) Service performed after December 31, 1977, by an individual in domestic service, which includes all service for a person in the operation and maintenance of a private household, local college club or local chapter of a college fraternity or sorority as distinguished from service as an employee in the pursuit of an employer's trade, occupation, profession, enterprise or vocation, and such service is performed for a person who paid cash remuneration of one thousand dollars or more after December 31, 1977, in the current calendar year or the preceding calendar year to individuals employed in such domestic service in any calendar quarter. (7) The term "employment" shall include the service of an individual who is a citizen of the United States, performed outside the United States after December 31, 1971 (except in Canada, and in the case of the Virgin Islands after December 31, 1971, and prior to January 1 of the year following the year in which the United States Secretary of Labor approves the unemployment compensation law of the Virgin Islands under Section 3304(a) of the Internal Revenue Code of 1954) in the employ of an American employer (other than service which is deemed "employment" under the provisions of Section 41-27-230(9) and Section 41-27-230(11) of this section or the parallel provisions of another State's law), if: (a) The employer's principal place of business in the United States is located in this State; or (b) The employer has no place of business in the United States, but, (i) the employer is an individual who is a resident of this State; or (ii) the employer is a corporation which is organized under the laws of this State; or (iii) the employer is a partnership or a trust and the number of the partners or trustees who are residents of this State is greater than the number who are residents of any one other State; or (c) None of the criteria of divisions (a) and (b) of this subparagraph are met but the employer has elected coverage in this State, or the employer having failed to elect coverage in any state, the individual has filed a claim for benefits, based on such service, under the law of this State. (d) An "American employer", for the purpose of this paragraph, means a person who is an individual who is a resident of the United States; or a partnership if two-thirds or more of the partners are residents of the United States; or a trust, if all of the trustees are residents of the United States; or a corporation organized under the laws of the United States or of any state. (e) As used in this section, the term "United States" includes the states, the District of Columbia, the Commonwealth of Puerto Rico, and effective one day after the date on which the United States Secretary of Labor approves its unemployment compensation law under Section 3304(a) of the Internal Revenue Code of 1954, the term shall include the Virgin Islands. (8) All service performed by an officer or member of the crew of an American vessel on or in connection with such vessel, if the operating office, from which the operations of such vessel operating on navigable waters within, or within and without, the United States are ordinarily and regularly supervised, managed, directed and control is within this State; and (9) The term "employment" shall include an individual's entire service, performed within or both within and without this State, in the United States if: (a) The service is localized in this State; or (b) The service is not localized in any state but some of the service is performed in this State and: (i) the base of operation or, if there is no base of operation, the place from which such service is directed or controlled is in this State; or (ii) the base of operation or place from which such service is directed or controlled is not in any state in which some part of the service is performed, but the individual's residence is in this State; or (c) The service, wherever performed, is within the United States or Canada, if: (i) such service is not covered under the unemployment compensation law of any other state or Canada; and (ii) the place from which the service is directed or controlled is in this State. (10) A service not covered under item (7) of this section and performed entirely without this State, with respect to no part of which contributions are required and paid under an unemployment compensation law of another state or of the federal government, is considered employment subject to Chapters 27 through 41 of this title if the individual performing such services is a resident of this State and the department approves the election of the employing unit for whom the services are performed that the entire service of the individual is considered employment subject to Chapters 27 through 41 of this title. (11) Service shall be deemed to be localized within a state if the service is performed entirely within such state, or if the service is performed both within and without such state, but the service performed without such state is incidental to the individual's service within the state; for example, is temporary or transitory in nature or consists of isolated transactions. Effect of Amendment The 2010 amendment made nonsubstantive changes to subsection (10).
S.C. Code Ann. § 41-29-280 — SC Code / Title 41 / Chapter 29 / Section 41-29-280
SECTION 41-29-280. Annual reports.
Status: in_force

Not later than the fifteenth day of January annually, the department shall submit to the Governor and the General Assembly a report covering the administration and operation of Chapters 27 through 41 of this title during the preceding fiscal year and make recommendations for amendments to these chapters as the department considers proper. These reports must include a balance sheet of the money in the fund in which there must be provided, if possible, a reserve against the liability in future years to pay benefits in excess of the then current contributions, which reserves must be set up by the department in accordance with accepted actuarial principles on the basis of statistics of employment, business activity, and other relevant factors for the longest possible period. Effect of Amendment The 2010 amendment substituted "department" for three occurrences of "Commission"; and made other nonsubstantive changes.
S.C. Code Ann. § 41-1-90 — SC Code / Title 41 / Chapter 1 / Section 41-1-90
SECTION 41-1-90. Requirement of notice that completion of training program does not guarantee employment.
Status: in_force

Every employer in this State who requires prospective employees to complete a job training program conducted either by the employer or on behalf of the employer by an outside organization prior to consideration for employment shall give each prospective employee before beginning the training program a notice in the form prescribed by Section 41-1-100 if completion of the job training program does not guarantee the prospective employee regular employment on a permanent basis by the employer.
S.C. Code Ann. § 41-17-10 — SC Code / Title 41 / Chapter 17 / Section 41-17-10
SECTION 41-17-10. Director's duties as to investigation of industrial disputes and conciliation.
Status: in_force

The Director of the Department of Labor, Licensing and Regulation or his designee or his agents shall (a) investigate industrial disputes or strikes or lockouts arising between employer and employees or capital and labor, (b) ascertain, as near as may be, the cause or causes of such industrial disputes or strikes or lockouts, (c) make a finding of fact in respect thereto, (d) endeavor, as far as possible, to remove misunderstandings or differences and to induce both sides to such an industrial dispute or strike or lockout to arrive at an agreement, (e) nominate, appoint or act as arbitrators when so requested by both sides to such a controversy and (f) in general, remove as far as possible the causes for industrial disputes or strikes or lockouts and induce an amicable settlement of them. Unless the Director or his agents find it inadvisable so to do the finding of fact of the Director or his agents as to all such disputes shall be reported to the Governor as soon as practicable in each case and annually to the General Assembly. 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. § 41-35-610 — SC Code / Title 41 / Chapter 35 / Article 5 / Section 41-35-610
SECTION 41-35-610. Procedures must be pursuant to department regulations; duties of employers.
Status: in_force

A request for 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, and a claim for benefits must be made pursuant to regulations the department promulgates. An employer must post and maintain in places readily accessible to individuals in his service printed statements concerning regulations or related matters the department prescribes by regulation. An employer must supply those individuals copies of the printed statements or materials the department prescribes by regulation. These statements or materials must be supplied by the department to an employer without cost to the employer. Effect of Amendment The 2010 amendment substituted "department" for four occurrences of "Commission"; and made other nonsubstantive changes.
S.C. Code Ann. § 41-29-220 — SC Code / Title 41 / Chapter 29 / Section 41-29-220
SECTION 41-29-220. Examination of returns or reports of national banks.
Status: in_force

The department may request the Comptroller of the Currency of the United States to cause an examination of the correctness of a return or report of a national banking association rendered pursuant to the provisions of Chapters 27 through 41 of this title, and may in connection with this request transmit this report or return it to the Comptroller of the Currency of the United States as provided in Section 3305(c) of the federal Internal Revenue Code. Effect of Amendment The 2010 amendment substituted "department" for "Commission"; and made other nonsubstantive changes.
S.C. Code Ann. § 41-17-50 — SC Code / Title 41 / Chapter 17 / Section 41-17-50
SECTION 41-17-50. Other powers of director regarding investigations.
Status: in_force

The Director of the Department of Labor, Licensing and Regulation or his designee or his agents may compel the production of books or documents relating to questions in dispute; inspect property with respect to which there is a dispute with relation to an industrial dispute or strikes or lockout; examine into working conditions and sanitary conditions; and at all times have access to any property or premises necessary to any such inspection. 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. § 41-33-120 — SC Code / Title 41 / Chapter 33 / Article 1 / Section 41-33-120
SECTION 41-33-120. Payment of refunds.
Status: in_force

A refund payable pursuant to Section 41-31-360 or item (6) of Section 41-27-260 may be paid from the clearing or benefit accounts upon requisition by the department to the Comptroller General, who shall draw his warrant in the usual form provided by law on the State Treasurer, who shall pay the refund from the proper account. Effect of Amendment The 2010 amendment substituted "department" for "Commission"; and made other nonsubstantive changes.
S.C. Code Ann. § 41-6-10 — SC Code / Title 41 / Chapter 6 / Section 41-6-10
SECTION 41-6-10. Employers; community rehabilitation programs; hospital patient care workers at regional centers.
Status: in_force

Employers, community rehabilitation programs, and hospital patient care workers at regional centers shall not use Section 14(c) of the Fair Labor Standards Act of 1938 to pay disabled employees a subminimum wage. No individual with a disability may be paid less than the federal minimum wage. Code Commissioner's Note At the direction of the Code Commissioner, pursuant to the authority to codify permanent law, the provisions of Section 1 and Section 2 of 2022 Act No. 209 were codified as Section 41-6-10 and Section 41-6-20, respectively.
S.C. Code Ann. § 41-33-190 — SC Code / Title 41 / Chapter 33 / Article 1 / Section 41-33-190
SECTION 41-33-190. Bank account for payment of certain federal benefits.
Status: in_force

The department may establish bank accounts other than the benefit payment account and deposit in them money requisitioned from the unemployment trust fund for the payment of benefits for or on behalf of the United States as provided in Section 41-33-180. All provisions of this article governing the deposit, administration, mode of check signing, and safeguarding of the benefit payment account must apply to an account established by the department under this section. Effect of Amendment The 2010 amendment substituted "department" for two occurrences of "Commission"; and made other nonsubstantive changes.
S.C. Code Ann. § 41-33-910 — SC Code / Title 41 / Chapter 33 / Article 5 / Section 41-33-910
SECTION 41-33-910. Department of Employment and Workforce integrity fund.
Status: in_force

(A) There is created in the State Treasury a special fund to be known as the Department of Employment and Workforce integrity fund. (B) The fund shall consist of monetary penalties collected pursuant to Section 41-41-45(C)(3) for the purpose of promoting unemployment compensation integrity. The Department of Employment and Workforce integrity fund shall be used for the purpose of preserving the integrity of the unemployment compensation fund. These efforts may include, but are not limited to, identifying overpayments, verifying eligibility, determining status, and updating technology and educational tools to support integrity activities. (C) All money collected in the integrity fund must 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 must not be commingled with other state funds, but must be maintained in a separate account on the books of a depository bank. These funds must be secured by the bank by securities or surety bonds as required by law of depositories of state funds. (D) All money that is deposited or paid into the fund is appropriated and made available to the department. All money in this fund must be expended solely for the purpose of promoting unemployment insurance integrity efforts by the department as provided in Section 41-41-45. (E) All balances in this fund must not lapse at any time but must be continuously available to the department by expenditure consistent with Chapters 27 through 41 of this title. The department shall issue its requisition, which must be approved by the executive director or any designated officer, agent, or other individual for payment of the costs of interest 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 integrity fund.
S.C. Code Ann. § 41-18-340 — SC Code / Title 41 / Chapter 18 / Article 3 / Section 41-18-340
SECTION 41-18-340. Detention by security officer for safety warning violation; defense in civil action for detention.
Status: in_force

(A) A security or law enforcement officer may detain a person for a reasonable time in a reasonable manner for the purpose of conducting an investigation if the security or law enforcement officer has reasonable cause to believe that the person has violated any posted rules or warnings or instructions of the owner of the carnival or amusement device or the owner's agent or employee. (B) In a civil action brought by a person resulting from a detention of a person by a security or law enforcement officer, it is a defense to that action that the security or law enforcement officer who detained the person had reasonable cause to believe that the person had violated a posted rule or warning or instruction of the carnival or amusement device owner, or of the owner's employee or agent, and that the security or law enforcement officer detained the person for a reasonable time in a reasonable manner for the purpose of conducting an investigation of the alleged violation.
S.C. Code Ann. § 41-10-20 — SC Code / Title 41 / Chapter 10 / Section 41-10-20
SECTION 41-10-20. Applicability of chapter.
Status: in_force

This chapter applies to all employers in South Carolina except that Section 41-10-30 does not apply to: (1) employers of domestic labor in private homes. (2) employers employing fewer than five employees at all times during the preceding twelve months.
S.C. Code Ann. § 41-15-300 — SC Code / Title 41 / Chapter 15 / Article 3 / Section 41-15-300
SECTION 41-15-300. Notice of penalties.
Status: in_force

If, after an inspection or investigation, the Director issues a citation, he shall within a reasonable time after the termination of such inspection or investigation notify the employer by certified mail of the penalty, if any, assessed under Section 41-15-320.
S.C. Code Ann. § 41-27-140 — SC Code / Title 41 / Chapter 27 / Article 3 / Section 41-27-140
SECTION 41-27-140. Average weekly wage.
Status: in_force

The average weekly wage of an insured worker shall be determined by dividing his total wages paid for insured work in that quarter of his base period in which such wages were highest by thirteen.
S.C. Code Ann. § 41-33-20 — SC Code / Title 41 / Chapter 33 / Article 1 / Section 41-33-20
SECTION 41-33-20. Department to control fund.
Status: in_force

Subject to the provisions of Chapters 27 through 41 of this title, the department is invested with the full power, authority, and jurisdiction over the fund, including all money, property, and securities belonging to it, and may perform any and all acts, whether or not specifically designated in this title, which are necessary or convenient in the administration of this title consistent with the provisions of those chapters. Effect of Amendment The 2010 amendment substituted "department" for "Commission"; and made other nonsubstantive changes.
S.C. Code Ann. § 41-29-180 — SC Code / Title 41 / Chapter 29 / Section 41-29-180
SECTION 41-29-180. Reports to be kept to minimum.
Status: in_force

The department shall endeavor, both for the relief of the clerical work of employers and its own office, to confine reporting to the minimum necessary for the proper administration of the law, and, except for necessary separation, low earnings, special reports or notices, or wage and employment reports required pursuant to Section 41-29-140. Effect of Amendment The 2010 amendment substituted "department" for "Commission"; and made one other nonsubstantive change. The 2011 amendment deleted ", it shall not require reports as to the earnings of individual employees more frequently than quarterly" from the end.
S.C. Code Ann. § 41-30-520 — SC Code / Title 41 / Chapter 30 / Article 5 / Section 41-30-520
SECTION 41-30-520. Membership of Coordinating Council for Workforce Development.
Status: in_force

The CCWD consists of the following members: (1) the Executive Director of the Department of Employment and Workforce or his designee, who shall serve as chairman; (2) the Director of the Office of Statewide Workforce Development or his designee; (3) the Director of the South Carolina Department of Veterans Affairs or his designee; (4) the Commissioner of South Carolina Vocational Rehabilitation or his designee; (5) the Chairman of the South Carolina Research Authority or his designee; (6) the Commissioner of Agriculture or his designee; (7) the Director of the Department of Labor, Licensing, and Regulation or his designee; (8) the Director of the Office of Revenue and Fiscal Affairs or his designee; (9) the Director of the Education Oversight Committee or his designee; (10) the President of the South Carolina Manufacturing Extension Partnership or his designee; (11) the Secretary of the Department of Commerce or his designee; (12) the State Superintendent of Education or his designee; (13) the Executive Director of the State Board for Technical and Comprehensive Education or his designee; (14) the Executive Director of the Commission on Higher Education or his designee; (15) the Director of the South Carolina Department of Parks, Recreation and Tourism or his designee; (16) the president or provost of a research university in this State who is selected by the presidents of the research universities in this State; (17) the president or provost of a four-year college or university in this State who is selected by the presidents of the four-year universities in this State; (18) the president of a technical college in this State who must be appointed by the Chairman of the State Board for Technical and Comprehensive Education; (19) the following members appointed by the State Superintendent of Education who have expertise regarding the South Carolina Education and Economic Development Act: (a) a school district superintendent; (b) a school counselor; and (c) a career and technology education director; (20) the Chairman of the South Carolina State Workforce Development Board or his designee; (21) a representative of a local workforce board, appointed by the Executive Director of the Department of Employment and Workforce; (22) the Executive Director of South Carolina First Steps or his designee; (23) the Director of the South Carolina Department of Revenue or his designee; (24) two representatives from the business community, appointed by the Governor, who have professional expertise in economic development and workforce issues; (25) one person appointed by the Chairman of the House Education and Public Works Committee and one person appointed by the House minority party leader; (26) one person appointed by the Chairman of the Senate Education Committee and one person appointed by the Senate minority party leader; (27) the Executive Director of South Carolina State Housing Finance and Development Authority or his designee; (28) three persons appointed by the Governor who are considered current or past small business owners under the North American Industry Classification System (NAICS) code; (29) representatives of any other agencies or entities selected by vote of the executive committee. (30) one person appointed by the Speaker of the House and one person appointed by the Senate President, both of whom have professional expertise in economic development and workforce issues, both of whom also shall serve on the executive committee. Code Commissioner's Note At the direction of the Code Commissioner in 2016, in (A), "Coordinating Council for Workforce Development" was substituted for "Coordinating Council of Workforce Development" to correct a typographical error. Editor's Note 2023 Act No. 67, SECTION 1, provides as follows: "SECTION 1. This act may be cited as the 'Statewide Education and Workforce Development Act'." Effect of Amendment 2022 Act No. 194, SECTION 1, rewrote the section. 2023 Act No. 67, SECTION 2, rewrote the section.
S.C. Code Ann. § 41-31-170 — SC Code / Title 41 / Chapter 31 / Article 1 / Section 41-31-170
SECTION 41-31-170. Report to employer on status of account; protests.
Status: in_force

The department annually shall report to any employer the status of his account showing his total charges against it for benefits paid during the annual period and his benefit ratio as calculated pursuant to Section 41-31-5, as applicable. No employer may contest any charge against his account or the status of his account unless he makes protest within thirty days after such report has been mailed by the department. Effect of Amendment The 2010 amendment rewrote the section.
S.C. Code Ann. § 41-35-615 — SC Code / Title 41 / Chapter 35 / Article 5 / Section 41-35-615
SECTION 41-35-615. Notice to employer by United States mail or electronic mail; designation of preferred method of notice; default; time for required response.
Status: in_force

All notices given to an employer concerning a request for 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, a claim for benefits, and any reconsideration of a determination must be made by United States mail or electronic mail. The employer may designate with the department its preferred method of notice. If an employer does not make a designation, then notices must be made by United States mail. The employer may not be required to respond to the notice until ten calendar days, or the next business day if the tenth day falls on a Saturday, Sunday, or state holiday, after the postmark on notices sent via United States mail or ten calendar days after the date a notice is sent via electronic mail. Effective March 1, 2024, every employer with ten or more employees and every individual or organization that, as an agent, reports information to the department on ten or more employees on behalf of one or more subject employers, shall file responses to department requests for information regarding an individual's claim for benefits (e.g. job separations, wage audits, etc.) electronically, in a format approved by the department. The department may waive the requirement to file electronically if a hardship is shown. In determining whether a hardship is shown, the department shall take into account, among other relevant factors, the ability of the employer to comply with the filing requirement at a reasonable cost. Editor's Note 2023 Act No. 67, SECTION 1, provides as follows: "SECTION 1. This act may be cited as the 'Statewide Education and Workforce Development Act'." Effect of Amendment The 2011 amendment, in the fourth sentence, substituted "until ten calendar days, or the next business day if the tenth day falls on a Saturday, Sunday, or state holiday, after" for "until twelve business days after" and "calendar days" for "business days". 2023 Act No. 67, SECTION 4, added the fifth through seventh sentences.
S.C. Code Ann. § 41-29-10 — SC Code / Title 41 / Chapter 29 / Section 41-29-10
SECTION 41-29-10. Unemployment security provisions; administration by Department of Employment and Workforce.
Status: in_force

Chapters 27 through 41 of this title shall be administered by the South Carolina Department of Employment and Workforce. Effect of Amendment The 2010 amendment rewrote this section, replacing the South Carolina Employment Security Commission with the South Carolina Department of Employment and Workforce.
S.C. Code Ann. § 41-42-20 — SC Code / Title 41 / Chapter 42 / Section 41-42-20
SECTION 41-42-20. Director; powers and duties; appointment of director and other officers and employees.
Status: in_force

The division must be administered by a full-time salaried director, who shall cooperate with an official or agency of the United States having powers or duties under provisions of such act of Congress and shall do and perform all things necessary to secure to this State the benefits of that act of Congress in the promotion and maintenance of a system of public employment offices. The executive director shall appoint the director and other officers and employees of the State Employment Service. Effect of Amendment The 2010 amendment substituted "executive director" for "Commission" in the second sentence; made other nonsubstantive changes; and deleted the last sentence, relating to appointments being made in accordance with certain regulations.
S.C. Code Ann. § 41-44-70 — SC Code / Title 41 / Chapter 44 / Section 41-44-70
SECTION 41-44-70. Tax exemptions.
Status: repealed

[This section is repealed upon certification that remaining investments of private sector limited partners have been liquidated. See Editor's Note at the beginning of this Chapter.] (A) The Corporation, but not the shareholders thereof, is exempt from all state income taxes and also corporate license fees. (B) Partners of the fund are allowed an exclusion from gross income as provided in Section 12-6-1120(8). Effect of Amendment The 1995 amendment rewrote this section.
S.C. Code Ann. § 41-27-630 — SC Code / Title 41 / Chapter 27 / Article 5 / Section 41-27-630
SECTION 41-27-630. Liability of State and department for payment of benefits.
Status: in_force

A benefit is considered due and payable pursuant to Chapters 27 through 41 of this title only to the extent provided in those chapters and to the extent that money is available for them to the credit of the unemployment compensation fund and neither the State nor the department must be liable for an amount in excess of that sum. Effect of Amendment The 2010 amendment substituted "department" for "commission" following "neither the State nor the"; and made other nonsubstantive changes.
S.C. Code Ann. § 41-31-610 — SC Code / Title 41 / Chapter 31 / Article 5 / Section 41-31-610
SECTION 41-31-610. Application of article.
Status: in_force

Benefits paid to employees of nonprofit organizations shall be financed in accordance with the provisions of this article. Effect of Amendment The 2010 amendment deleted the second sentence which read: "For the purpose of this section and SECTIONS41-31-670, a "nonprofit organization" is an organization (or group of organizations) described in SECTION 501 (c) (3) of the U.S. Internal Revenue Code which is exempt from income tax under SECTION 501 (a) of such Code."
S.C. Code Ann. § 41-16-50 — SC Code / Title 41 / Chapter 16 / Section 41-16-50
SECTION 41-16-50. Enforcement powers of director.
Status: in_force

The Director is charged with the affirmative duty of administering and enforcing the provisions of this chapter.