reglab/statecodes huggingface dataset:
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 25 - Private Personnel Placement Services › Section 41-25-50. Prohibited activities or conduct of personnel agencies.

Any person who acts as a private personnel placement service in the State, or his employees may not:
(a) Knowingly induce or attempt to induce any employee it has placed to leave that employment unless it is requested to do so by the employee and he has first contacted the private personnel placement service.
(b) Knowingly publish or cause to be published any false, fraudulent, or misleading information, representation, promise, notice, or advertisement.
(c) Knowingly refer any employee or applicant for employment to a place where a strike or lockout exists without furnishing the employee or applicant with a written statement as to the existence of the strike or lockout, if the agency had knowledge of the facts.
(d) Knowingly send or cause to be sent any applicant to any place the private personnel placement service knows or reasonably should have known is maintained for immoral or illicit purposes.
(e) Impose a fee for the registration of an applicant.
(f) Impose a fee to an applicant for placement services or job referral or employment consulting services except when the services rendered result in that applicant accepting employment and establishes a confirmed starting date.
(g) Engage or attempt to engage in splitting or sharing, with an employer, an agent or other employee of an employer, or other person to whom private personnel placement service has been furnished, a payment received by a private personnel placement service from a person seeking employment or from an employer.
(h) Procure or attempt to procure the discharge of a person from his current employment.
(i) Advertise in any media, including a newspaper, trade publication, billboard, radio, television, card, printed notice, circular, contract, letterhead, or any other material made for public distribution, except an envelope, without stating the firm name and if the firm name does not include words identifying it as providing private personnel placement service then additional words must be used such as Personnel Agency, Personnel Consultant, Fee Paid, or other wording that establishes the identity as a Private Personnel Placement Service in the advertisement.
(j) Deleted.
(k) Use or cause to be used any fictitious name as a contact person for an applicant or employer or a name which is not the correct name of the private personnel placement service itself or the individual employee within the service who is handling the job order.
HISTORY: 1962 Code Section 40-434; 1968 (55) 2846; 1978 Act No. 553; 1981 Act No. 107 Section 1; 1985 Act No. 149, Section 1; 1992 Act No. 477, Section 2, eff June 17, 1992.
Effect of Amendment
The 1992 amendment deleted item (j), which read "Conduct placement services from any location other than the location stated on the license."
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 25 - Private Personnel Placement Services › Section 41-25-60. Advertisements in South Carolina by firms located outside its jurisdiction.

Any person who acts as a private personnel placement service doing business in South Carolina but is located outside the jurisdiction of the other provisions of this chapter may not be allowed to advertise by any media, including a newspaper, trade publication, billboard, radio, television, card, printed notice, circular, contract, letterhead, or any other material made for public distribution, except an envelope, without clearly stating that the advertisement is by a firm providing private personnel placement services, stating the firm name, address, and using the words personnel placement service, personnel agency, consultants, fee paid, or other wording that establishes the identity as a private personnel placement service in the advertisement, if the firm name does not include such words.
HISTORY: 1962 Code Section 40-435; 1968 (55) 2846; 1981 Act No. 107 Section 1; 1985 Act No. 149, Section 1.
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 25 - Private Personnel Placement Services › Section 41-25-70. Prohibited activities or conduct of employers seeking employees or persons seeking employment.

Any person or employer seeking employees or a person seeking employment shall not:
(a) Make any false statement or conceal any material fact for the purpose of obtaining employees, or employment, by or through a private personnel placement service.
(b) Engage or attempt to engage in the splitting or sharing of fees or payments for services of a private personnel placement service with any person to whom this chapter is applicable.
(c) Intentionally or knowingly refuse to pay any fee due to a private personnel placement service for placement services rendered.
HISTORY: 1962 Code Section 40-436; 1968 (55) 2846; 1981 Act No. 107 Section 1; 1985 Act No. 149, Section 1.
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 25 - Private Personnel Placement Services › Section 41-25-80. Confidentiality of records and files.

Private personnel placement service information is confidential and must be considered and protected as follows:
All records and files of the private personnel placement service of all applicants, all customers, all job orders, which include their names, addresses, telephone numbers, and all related data for each, is confidential and belongs to the firm regardless of the medium on which it is recorded. The improper use or removal from the firm of all or any part of this data by a current or former employee is prohibited without written authority from the owner of the private personnel placement service and its use by a former employee is prohibited for a period of one hundred eighty days from the date of that person's separation from the firm.
HISTORY: 1962 Code Section 40-437; 1968 (55) 2846; 1981 Act No. 107 Section 1; 1985 Act No. 149, Section 1.
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 25 - Private Personnel Placement Services › Section 41-25-90. Penalties.

Any person who knowingly violates Sections 41-25-30, 41-25-40, 41-25-50, 41-25-60, 41-25-70, or 41-25-80 is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or be imprisoned for not more than one year, or both. In addition, anyone convicted of the violations must be denied his right to operate as a private personnel placement service and shall immediately surrender his license to the Secretary.
Failure to surrender the license shall subject the licensee to a misdemeanor with the same penalty as above prescribed in this section with each day of noncompliance constituting a separate offense.
HISTORY: 1962 Code Section 40-438; 1968 (55) 2846; 1981 Act No. 107 Section 1; 1985 Act No. 149, Section 1.
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 25 - Private Personnel Placement Services › Section 41-25-100. Liability for violations; remedies.

(a) A person who knowingly violates Sections 41-25-50, 41-25-60, 41-25-70, and 41-25-80 is liable to the person adversely affected by the violation for three times the amount of actual damages incurred plus court costs and reasonable attorneys' fees.
(b) In an action filed under this section, a plaintiff may seek and the court, in its discretion, may grant:
(1) An order enjoining the defendant in the suit from violating Sections 41-25-50, 41-25-60, 41-25-70, and 41-25-80;
(2) Any order necessary to restore to the person any property acquired by the defendant in the suit in violation of Sections 41-25-50, 41-25-60, 41-25-70, and 41-25-80; or
(3) Other relief that the court considers proper, including, if the court's judgment against the defendant in the suit is not satisfied within three months after the date of the final judgment, the appointment of a receiver, the revocation of a license or certificate authorizing the defendant in the suit to engage in business in this State, or an order enjoining the defendant in the suit from acting as a personnel service.
HISTORY: 1985 Act No. 149, Section 1.
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 25 - Private Personnel Placement Services › Section 41-25-110. State agencies entitled to enforce chapter.

The provisions of this chapter may be enforced by any state agency having jurisdiction and authority to enforce this chapter, including, but not limited to:
(a) Secretary of State
(b) Division of Labor
(c) Attorney General
(d) Department of Consumer Affairs
(e) South Carolina Law Enforcement Division
(f) Circuit solicitors
(g) Local law enforcement agencies
(h) Any person who has been damaged by or has knowledge of any violation of the provisions of this chapter.
HISTORY: 1985 Act No. 149, Section 1; 1993 Act No. 181, Section 977, eff February 1, 1994.
Effect of Amendment
The 1993 amendment substituted "Director of the Department of Labor, Licensing, and Regulation or his designee" for "Commissioner of Labor".
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 27 - Employment And Workforce - General Provisions › Section 41-27-10. Short title.

Chapters 27 through 41 of this title shall be known and may be cited as the "South Carolina Department of Employment and Workforce".
HISTORY: 1962 Code Section 68-1; 1952 Code Section 68-1; 1942 Code Section 7035-81; 1936 (39) 1716; 1966 (54) 2640; 2010 Act No. 146, Section 11, eff March 30, 2010.
Effect of Amendment
The 2010 amendment substituted "Department of Employment and Workforce" for "Employment Security Law" at the end of the section.
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 27 - Employment And Workforce - General Provisions › Section 41-27-20. Declaration of state public policy.

Without intending that this section shall supersede, alter or modify the specific provisions contained in Chapters 27 through 41 of this Title, but as a guide to the interpretation and application of Chapters 27 through 41 of this Title, the public policy of this State is declared to be as follows: Economic insecurity due to unemployment is a serious menace to health, morals and welfare of the people of this State; involuntary unemployment is therefore a subject of general interest and concern which requires appropriate action by the General Assembly to prevent its spread and to lighten its burden which so often falls with crushing force upon the unemployed worker and his family; the achievement of social security requires protection against this greatest hazard of our economic life; this can be provided by encouraging the employers to provide more stable employment and by the systematic accumulation of funds during periods of employment to provide benefits for periods of unemployment, thus maintaining purchasing power and limiting the serious social consequences of poor relief assistance. The General Assembly therefore declares that in its considered judgment the public good and the general welfare of the citizens of this State require the enactment of this measure, under the police powers of the State, for the compulsory setting aside of unemployment reserves to be used for the benefit of persons unemployed through no fault of their own.
HISTORY: 1962 Code Section 68-38; 1952 Code Section 68-36; 1942 Code Section 7035-82; 1936 (39) 1716; 1941 (42) 369.
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 27 - Employment And Workforce - General Provisions › Section 41-27-30. Construction.

Nothing in Chapters 27 through 41 of this title must be construed to cause the department or the courts of this State in interpreting these chapters to be bound by interpretations as to liability or nonliability of employers by Federal administrative agencies, nor is it the intent of the General Assembly to require an identical coverage of employers under these chapters with coverage requirements pursuant to Section 3101 et seq. of the Federal Internal Revenue Code.
HISTORY: 1962 Code Section 68-39; 1952 Code Section 68-37; 1942 Code Section 7035-99; 1936 (39) 1716; 1939 (41) 487; 1940 (41) 1630; 1941 (42) 358, 369; 1957 (50) 580; 2010 Act No. 146, Section 12, eff March 30, 2010.
Effect of Amendment
The 2010 amendment substituted "department" for "Commission" following "construed to cause the"; and made other nonsubstantive changes.
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 27 - Employment And Workforce - General Provisions › Section 41-27-40. Amendments.

The General Assembly reserves the right to amend or repeal all or any part of Chapters 27 through 41 of this Title at any time and there shall be no vested private right of any kind against any such amendment or repeal. All the rights, privileges, and immunities conferred by such chapters or acts done pursuant thereto shall exist subject to the power of the General Assembly to amend or repeal such chapters at any time.
HISTORY: 1962 Code Section 68-40; 1952 Code Section 68-38; 1942 Code Section 7035-103; 1936 (39) 1716; 1939 (41) 487.
Editor's Note
2022 Act No. 229, preamble, provides as follows:
"Whereas, pursuant to Section 41-27-40, the General Assembly has the right to amend or repeal all or any part of Chapters 27 through 41 of this title at any time and there is no vested private right of any kind against such amendment or repeal; and
"Whereas, the General Assembly intended to charge the department with the administration of Title 41, Chapters 27 through 41, which includes the enforcement, interpretation, and execution of Section 41-35-40; and
"Whereas, the General Assembly has known of the department's enforcement, interpretation, and execution of Section 41-35-40 regarding the weekly maximum benefit amounts paid to claimants; and
"Whereas, the General Assembly has continuously approved the decades long practice by the department and its predecessor, the Employment Security Commission, of exercising its discretion to set a weekly maximum amount of unemployment benefits that an individual may receive in a week for the legitimate legislative purpose of ensuring the solvency of the unemployment insurance trust fund and that there are adequate funds to pay unemployment insurance benefits to individuals unemployed through no fault of their own; and
"Whereas, the General Assembly believes that the department's enforcement, interpretation, and execution of Section 41-35-40 has been and continues to be reasonable and consistent with the General Assembly's intent and charge to administer Section 41-35-40; and
"Whereas, the General Assembly intends to explicitly reaffirm that the department has always had the discretion to establish a maximum amount of unemployment benefits an individual may receive each week; and
"Whereas, the General Assembly intends for this act to apply retroactively and govern all claims for unemployment insurance filed on or after July 1, 2007, and to apply to all proceedings disputing the department's calculation of an unemployed individual's maximum weekly benefit amount pending on or commenced after the date of the enactment of this act. [Text of act.]"
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 27 - Employment And Workforce - General Provisions › Section 41-27-110. Generally.

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.
HISTORY: 1962 Code Section 68-2; 1952 Code Section 68-2; 1942 Code Section 7035-99; 1936 (39) 1716; 1939 (41) 487; 1940 (41) 1630; 1941 (42) 358, 369.
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 27 - Employment And Workforce - General Provisions › Section 41-27-120. Agricultural labor.

The term "agricultural labor" includes all service performed:
(1) On a farm, in the employ of any person, in connection with cultivating the soil or in connection with raising or harvesting any agricultural or horticultural commodity, including the raising, shearing, feeding, caring for, training and management of livestock, bees, poultry, pigeons and fur-bearing animals and wildlife;
(2) In the employ of the owner or tenant or other operator of a farm, in connection with the operation, management, conservation, improvement or maintenance of such farm and its tools and equipment or in salvaging timber or clearing land of brush and other debris left by a hurricane, if a major part of such service is performed on a farm;
(3) In connection with the production or harvesting of any commodity defined as an agricultural commodity in Section 15(g) of the Federal Agricultural Marketing Act, as amended, or in connection with the ginning of cotton, or cleaning of seed, or in connection with the operation or maintenance of ditches, canals, reservoirs, or waterways used exclusively for supplying and storing water for farming purposes;
(4) In the employ of the operator of a farm in handling, planting, drying, packing, packaging, processing, freezing, grading, storing, or delivery to storage or to market or to a carrier for transportation to market in its unmanufactured state, any agricultural or horticultural commodity; but only if such operator produced more than one half of the commodity with respect to which such service is performed;
(5) In the employ of a group of operators of farms (or a cooperative organization of which such operators are members) in the performance of service described in paragraph (1) of this section, but only if such operators produced more than one half of the commodity with respect to which such service is performed;
(6) The provisions of paragraphs (4) and (5) shall not be deemed to be applicable with respect to services performed in connection with commercial canning or commercial freezing or in connection with any agricultural or horticultural commodity after its delivery to a terminal market for distribution for consumption; or
(7) On a farm operated for profit if such service is not in the course of the employer's trade or business or is domestic service in the private home of the employer.
(8) As used in this section the term "farm" includes stock, dairy, poultry, pigeons, fruit, fur-bearing animals and truck farms, plantations, ranches, nurseries, ranges, greenhouses or other similar structures used primarily for the raising of agricultural or horticultural commodities and orchards.
HISTORY: 1962 Code Section 68-3; 1952 Code Section 68-3; 1942 Code Section 7035-99; 1936 (39) 1716; 1939 (41) 487; 1940 (41) 1630; 1941 (42) 358, 369; 1971 (57) 950; 1972 (57) 2309; 1979 Act No. 100 Section 1.
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 27 - Employment And Workforce - General Provisions › Section 41-27-130. Annual payroll.

"Annual payroll" means the total amount of wages subject to the contribution provisions of Chapters 27 through 41 of this Title which are paid by an employer during a period of twelve consecutive months.
HISTORY: 1962 Code Section 68-4; 1952 Code Section 68-4; 1942 Code Section 7035-99; 1936 (39) 1716; 1939 (41) 487; 1940 (41) 1630; 1941 (42) 358, 369; 1955 (49) 480.
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 27 - Employment And Workforce - General Provisions › Section 41-27-140. Average weekly wage.

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.
HISTORY: 1962 Code Section 68-5; 1961 (52) 453.
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 27 - Employment And Workforce - General Provisions › Section 41-27-150. Base period.

(A) Except as provided in subsection (B), "base period" means the first four of the last five completed calendar quarters immediately preceding the first day of an individual's benefit year. However, in the case of a combined wage claim filed by an individual in accord with an arrangement entered into by the department pursuant to the provisions of Section 41-29-140(2), the base period is that applicable provided by the law of the paying state.
(B)(1) "Alternate base period" means for benefit years effective after May 31, 2010, if an individual does not have sufficient wages in the base period defined in subsection (A) to qualify for benefits, his base period must be the four calendar quarters completed most recently before the individual's benefit year if this period qualifies him for benefits, provided these quarters were not previously used to establish a prior valid benefit year.
(2) If the wage information for an individual's most recently completed calendar quarter is not available to the department from regular quarterly reports of systematically accessible wage information, the department promptly must contact the individual's employer to establish such wage information. The director shall establish rules necessary to implement this subsection.
(C) Wages that fall within the base period, if claims established under this section, must not be available for use in qualifying for a subsequent benefit year.
HISTORY: 1962 Code Section 68-6; 1952 Code Section 68-6; 1942 Code Section 7035-99; 1936 (39) 1716; 1939 (41) 487; 1940 (41) 1630; 1941 (42) 358, 369; 1973 (58) 248; 2010 Act No. 146, Section 13, eff March 30, 2010; 2010 Act No. 234, Section 8, eff January 1, 2011.
Effect of Amendment
The first 2010 amendment, 2010 Act No. 146, Section 13, substituted "department" for "commission" following "an arrangement entered into by the"; and made other nonsubstantive changes.
The second 2010 amendment, 2010 Act No. 234, Section 8, rewrote the section.
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 27 - Employment And Workforce - General Provisions › Section 41-27-160. Benefit year.

"Benefit year" means the one-year period beginning with the day as of which an insured worker first files a request for determination of his insured status, and afterward the one-year period beginning with the day by which he next files this request after the end of his last preceding "benefit year"; provided, that in the case of a combined wage claim filed by an individual in accord with an arrangement entered into by the department pursuant to the provisions of Section 41-29-140(2), the benefit year is that applicable provided by the law of the paying state. The filing of a notice of unemployment is considered a request for determination of insured status if a current benefit year has not previously been established. A request for determination of insured status must be made pursuant to regulations as the department prescribes.
HISTORY: 1962 Code Section 68-7; 1952 Code Section 68-7; 1942 Code Section 7035-99; 1936 (39) 1716; 1939 (41) 487; 1940 (41) 1630; 1941 (42) 358, 369; 1952 (47) 1977; 1954 (48) 1704; 1955 (49) 480; 1973 (58) 248; 2010 Act No. 146, Section 14, eff March 30, 2010.
Effect of Amendment
The 2010 amendment substituted "department" for two occurrences of "commission"; and made other nonsubstantive changes.
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 27 - Employment And Workforce - General Provisions › Section 41-27-170. Benefits.

"Benefits" means the money payments payable to an individual as provided in Chapters 27 through 41 of this Title with respect to his unemployment.
HISTORY: 1962 Code Section 68-8; 1952 Code Section 68-8; 1942 Code Section 7035-99; 1936 (39) 1716; 1939 (41) 487; 1940 (41) 1630; 1941 (42) 358, 369.
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 27 - Employment And Workforce - General Provisions › Section 41-27-180. Claimant.

"Claimant" means an individual who has filed a request for a determination of insured status, a request for initiation of a claim series in a benefit year, a notice of unemployment, a certification for waiting-week credit, or a claim for benefits.
HISTORY: 1962 Code Section 68-9; 1955 (49) 480.
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 27 - Employment And Workforce - General Provisions › Section 41-27-190. Department.

"Department" means the South Carolina Department of Employment and Workforce.
HISTORY: 1962 Code Section 68-10; 1952 Code Section 68-9; 1942 Code Section 7035-99; 1936 (39) 1716; 1939 (41) 487; 1940 (41) 1630; 1941 (42) 358, 369; 1946 (44) 1474; 2010 Act No. 146, Section 15, eff March 30, 2010.
Effect of Amendment
The 2010 amendment rewrote this section to substitute "Department of Employment and Workforce" for "Employment Security Commission".
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 27 - Employment And Workforce - General Provisions › Section 41-27-200. Contributions.

"Contributions" means the money payment required by Chapter 31, Article 1 to be made into the State unemployment compensation fund by an employer.
HISTORY: 1962 Code Section 68-11; 1952 Code Section 68-10; 1942 Code Section 7035-99; 1936 (39) 1716; 1939 (41) 487; 1940 (41) 1630; 1941 (42) 358, 369; 1973 (58) 248.
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 27 - Employment And Workforce - General Provisions › Section 41-27-220. Employing unit.

"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.
HISTORY: 1962 Code Section 68-13; 1952 Code Section 68-12; 1942 Code Section 7035-99; 1936 (39) 1716; 1939 (41) 487; 1940 (41) 1630; 1941 (42) 358, 369; 1955 (49) 480; 1966 (54) 2640; 1973 (58) 248.
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 27 - Employment And Workforce - General Provisions › Section 41-27-235. Employment by Native American tribes; benefits; contributions.

(A) The term "employment" means service performed in the employ of a Native American tribe, as defined in Section 3306(u) of the Federal Unemployment Tax Act (FUTA), if the service is excluded from "employment" as defined in FUTA solely by reason of Section 3306(C)(7), FUTA, and is not otherwise excluded from "employment" under this title.
(B) Benefits based on service in employment defined in this section are payable in the same amount, on the same terms, and subject to the same conditions as benefits payable on the basis of other service subject under this title.
(C)(1) Native American tribes or tribal units including subdivisions, subsidiaries, or business enterprises wholly owned by such tribes subject to this title shall pay contributions under the same terms and conditions as all other subject employers, unless they elect to pay into the state unemployment trust fund amounts equal to the amount of benefits attributable to service in the employ of the Native American tribe or tribal unit including all extended benefits paid for any reason.
(2) A Native American tribe or tribal unit that elects to pay a benefit attributable to service in their employ but fails to reimburse the required payment, including an interest and penalty assessment, within ninety days of the receipt of a bill, causes the Native American tribe to lose the option to make a payment in lieu of a contribution for the following tax year unless payment in full is received before the contribution rates for the next year are computed. The department shall notify the United States Internal Revenue Service and the United States Department of Labor of a tribe or tribal unit's failure to make a required payment within ninety days of a final notice of delinquency.
(3) A Native American tribe that loses the option to make payments in lieu of contributions shall have that option reinstated if, after a period of one year, all contributions have been paid on a timely basis and no contributions, payments in lieu of contributions, penalties, or interest remain outstanding.
HISTORY: 2002 Act No. 306, Section 1, eff June 5, 2002; 2004 Act No. 170, Section 1, eff February 18, 2004; 2010 Act No. 146, Section 18, eff March 30, 2010.
Effect of Amendment
The 2004 amendment in subsections (C)(2) and (3) deleted "or tribal unit" following "Native American tribe".
The 2010 amendment in subparagraph (C)(2) substituted "department" for "commission" preceding "shall notify the United States Internal Revenue Service"; and made other nonsubstantive changes.
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 27 - Employment And Workforce - General Provisions › Section 41-27-240. Employment office.

"Employment office" means a free public employment office operated by this State or other office maintained for the purpose of serving applicants or claimants or maintained as a part of a state-controlled system of public employment offices.
HISTORY: 1962 Code Section 68-15; 1952 Code Section 68-14; 1942 Code Section 7035-99; 1936 (39) 1716; 1939 (41) 487; 1940 (41) 1630; 1941 (42) 358, 369; 1971 (57) 950.
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 27 - Employment And Workforce - General Provisions › Section 41-27-250. Employment security administration fund.

"Employment security administration fund" means the employment security administration fund established by Chapters 27 through 41 of this Title, from which administrative expenses under such chapters shall be paid.
HISTORY: 1962 Code Section 68-16; 1952 Code Section 68-18; 1942 Code Section 7035-99; 1936 (39) 1716; 1939 (41) 487; 1940 (41) 1630; 1941 (42) 358, 369; 1957 (50) 580.
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 27 - Employment And Workforce - General Provisions › Section 41-27-270. Fund.

"Fund" means the unemployment compensation fund established by Chapters 27 through 41 of this Title, to which all contributions required and from which all benefits provided under such chapters shall be paid.
HISTORY: 1962 Code Section 68-17; 1952 Code Section 68-15; 1942 Code Section 7035-99; 1936 (39) 1716; 1939 (41) 487; 1940 (41) 1630; 1941 (42) 358, 369.
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 27 - Employment And Workforce - General Provisions › Section 41-27-290. Institution of higher education.

"Institution of higher education," for the purpose of this section, means an educational institution which:
(1) Admits as regular students only individuals having a certificate of graduation from a high school, or the recognized equivalent of such a certificate;
(2) Is legally authorized in this State to provide a program of education beyond high school;
(3) Provides an educational program for which it awards a bachelor's or higher degree, or provides a program which is acceptable for full credit toward such a degree, a program of postgraduate or postdoctoral studies, or a program of training to prepare students for gainful employment in a recognized occupation; and
(4) Is a public or other nonprofit institution.
(5) Notwithstanding any of the foregoing provisions of this subsection, all colleges and universities in this State are institutions of higher education for purposes of this section.
HISTORY: 1962 Code Section 68-17.2; 1971 (57) 950.
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 27 - Employment And Workforce - General Provisions › Section 41-27-310. Insured worker.

An "insured worker" is an individual who has been paid wages in his base period for insured work equal to or exceeding one and one-half times the total of his wages paid in the quarter of such base period in which his wages for insured work were highest; provided, however, that no individual shall qualify as an insured worker unless he has been paid at least four thousand four hundred fifty-five dollars in his base period for insured work and one thousand ninety-two dollars in that quarter of his base period in which such wages were highest.
This section must not be applied to individuals who were found qualified to receive unemployment benefits prior to enactment of this section.
HISTORY: 1962 Code Section 68-19; 1955 (49) 480; 1961 (52) 453; 1982 Act No. 340, Section 1; 2010 Act No. 234, Section 2, eff January 1, 2011.
Effect of Amendment
The 2010 amendment in the first paragraph substituted "four thousand four hundred fifty-five dollars" for "nine hundred dollars" and "one thousand ninety-two dollars" for "five hundred forty dollars", and added the second paragraph relating to application of the section.
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 27 - Employment And Workforce - General Provisions › Section 41-27-320. Payments in lieu of contributions.

"Payments in lieu of contributions" means the money payments to the unemployment compensation fund required by the provisions of Section 41-31-630.
HISTORY: 1962 Code Section 68-19.01; 1973 (58) 248.
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 27 - Employment And Workforce - General Provisions › Section 41-27-340. Educational institution.

"Educational institution" means any educational institution except an institution of higher education as defined in Section 41-27-290 of this Title:
(1) In which participants, trainees or students are offered an organized course of study or training designed to transfer to them knowledge, skills, information, doctrines, attitudes or abilities from, by or under the guidance of instructors or teachers;
(2) Which is legally authorized in this State to provide a program of education; and
(3) Which offers a course of study or training which may be academic, technical trade, or preparation for gainful employment in a recognized occupation.
HISTORY: 1962 Code Section 68-19.2; 1972 (57) 2309; 1977 Act No. 161 Section 3.
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 27 - Employment And Workforce - General Provisions › Section 41-27-350. State.

"State" includes, in addition to the states of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and effective one day after the date on which the United States Secretary of Labor approves its unemployment compensation law under Section 3304(a) of the Internal Revenue Code of 1954, the term shall include the Virgin Islands.
HISTORY: 1962 Code Section 68-20; 1952 Code Section 68-16; 1942 Code Section 7035-99; 1936 (39) 1716; 1939 (41) 487; 1940 (41) 1630; 1941 (42) 358, 369; 1961 (52) 166; 1977 Act No. 161 Section 4.
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 27 - Employment And Workforce - General Provisions › Section 41-27-360. Statewide average weekly wage.

"Statewide average weekly wage" means the amount computed by the department as of July first of each year that is the aggregate amount of wages, irrespective of the limitation on the amount of wages subject to contributions by reason of Section 41-27-380(2), reported by employers as paid during the first four of the last six completed calendar quarters before this date, divided by a figure representing fifty-two times the twelve-month average of the number of employees in the pay period containing the twelfth day of each month during the same four calendar quarters as reported by those employers.
HISTORY: 1962 Code Section 68-20.1; 1973 (58) 412; 2010 Act No. 146, Section 20, eff March 30, 2010.
Effect of Amendment
The 2010 amendment substituted "department" for "commission" following "the amount computed by the"; and made other nonsubstantive changes.
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 27 - Employment And Workforce - General Provisions › Section 41-27-390. Week.

"Week" means calendar week or a period of seven consecutive days that the department prescribes by regulation. The department likewise may determine that a week is considered "in", "within", or "during" that benefit year which includes the greater part of that week.
HISTORY: 1962 Code Section 68-23; 1952 Code Section 68-20; 1942 Code Section 7035-99; 1936 (39) 1716; 1939 (41) 487; 1940 (41) 1630; 1941 (42) 358, 369; 1946 (44) 1474; 2010 Act No. 146, Section 23, eff March 30, 2010.
Effect of Amendment
The 2010 amendment substituted "department" for two occurrence of "commission"; and made other nonsubstantive changes.
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 27 - Employment And Workforce - General Provisions › Section 41-27-410. Departmental administrative contingency assessment.

Effective January 1, 1986, the departmental administrative contingency assessment is an assessment of six one-hundredths of one percent to be assessed upon the wages as defined in Section 41-27-380(2) of all employers except those who have either elected to make payments in lieu of contributions as defined in Section 41-31-620 or are liable for the payment of contributions as defined in Section 41-31-620 or are liable for the payment of contributions and are classified as a state agency or any political subdivision or any instrumentality of the political subdivision as defined in Section 41-27-230(2).
HISTORY: 1986 Act No. 362, Section 1, eff April 3, 1986; 1999 Act No. 37, Section 1, eff June 1, 1999; 2011 Act No. 3, Section 2, eff March 14, 2011.
Effect of Amendment
The 1999 amendment changed "contribution rate" to "contribution base rate".
The 2011 amendment substituted "departmental" for "employment security" and deleted "or have been assigned a contribution base rate of five and four-tenths percent" from the end.
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 27 - Employment And Workforce - General Provisions › Section 41-27-510. Promulgation of regulations regarding unemployed individuals.

The department must promulgate regulations applicable to unemployed individuals, making distinctions in the procedures regarding total unemployment, part-total unemployment, partial unemployment of the individuals attached to their regular jobs and other forms of short-time work as the department considers necessary.
HISTORY: 1962 Code Section 68-24; 1952 Code Section 68-21; 1942 Code Section 7035-99; 1936 (39) 1716; 1939 (41) 487; 1940 (41) 1630; 1941 (42) 358, 369; 1946 (44) 1474; 1949 (46) 264; 2010 Act No. 146, Section 24, eff March 30, 2010.
Effect of Amendment
The 2010 amendment substituted "department" for two occurrences of "commission"; and made other nonsubstantive changes.
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 27 - Employment And Workforce - General Provisions › Section 41-27-520. Included and excluded service.

If the services performed during one half or more of any pay period by an individual for the person employing him constitute employment, all the services of such individual for such period shall be deemed to be employment; but if the services performed during more than one half of any such pay period by an individual for the person employing him do not constitute employment, then none of the services of such individual for such period shall be deemed to be employment. As used in this section the term "pay-period" means a period of not more than thirty-one consecutive days for which a payment of remuneration is ordinarily made to the individual by the person employing him. This section shall not be applicable with respect to services performed in a pay period by an individual for the person employing him when any such service is excepted by item (8) of Section 41-27-260.
HISTORY: 1962 Code Section 68-26; 1952 Code Section 68-23; 1942 Code Section 7035-99; 1936 (39) 1716; 1939 (41) 487; 1940 (41) 1630; 1941 (42) 358, 369.
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 27 - Employment And Workforce - General Provisions › Section 41-27-525. Availability of benefits for persons seeking only part-time work.

If the majority of the weeks of work in an individual's base period includes part-time work, the individual shall not be denied unemployment benefits under any provisions of this act relating to availability for work, active search for work, or failure to accept work, solely because the individual is seeking only part-time work. The phrase "seeking only part-time work", as used in this subsection, means the individual claiming unemployment benefits is available for a number of hours per week that are comparable to the individual's part-time work experience in the base period.
HISTORY: 2010 Act No. 234, Section 7, eff January 1, 2011.
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 27 - Employment And Workforce - General Provisions › Section 41-27-530. Separate establishments deemed single employing unit.

All individuals performing services within this State for any employing unit which maintains two or more separate establishments within this State shall be deemed to be employed by a single employing unit for all the purposes of Chapters 27 through 41 of this Title.
HISTORY: 1962 Code Section 68-27; 1952 Code Section 68-24; 1942 Code Section 7035-99; 1936 (39) 1716; 1939 (41) 487; 1940 (41) 1630; 1941 (42) 358, 369.
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 27 - Employment And Workforce - General Provisions › Section 41-27-540. Individuals employed to assist agents or employees.

Each individual employed to perform or to assist in performing the work of any agent or employee of an employing unit shall be deemed to be employed by such employing unit for all the purposes of Chapters 27 through 41 of this Title, whether such individual was hired or paid directly by such employing unit or by such agent or employee, provided the employing unit had actual or constructive knowledge of the work.
HISTORY: 1962 Code Section 68-28; 1952 Code Section 68-25; 1942 Code Section 7035-99; 1936 (39) 1716; 1939 (41) 487; 1940 (41) 1630; 1941 (42) 358, 369.
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 27 - Employment And Workforce - General Provisions › Section 41-27-550. Reciprocal agreements.

The department may enter into agreements with the appropriate agencies of other states or the federal government whereby individuals performing services in this and other states for a single employing unit under circumstances not specifically provided for in Section 41-27-230 or under similar provisions in the unemployment compensation laws of such other states shall be deemed to be engaged in employment performed entirely within this State or within one of such other states and whereby potential rights to benefits accumulative under the unemployment compensation laws of one or more states or under the law of the federal government or both may constitute the basis for the payment of benefits through a single appropriate agency under terms which the department considers fair and reasonable as to all affected interests and will not result in a substantial loss to the fund, and the department may enter into agreements with appropriate agencies of other states or the federal government administering unemployment compensation laws to provide that contributions on wages for services performed by an individual in more than one state for the same employer may be paid to the appropriate agency of one state.
HISTORY: 1962 Code Section 68-29; 1952 Code Section 68-26; 1942 Code Section 7035-98; 1936 (39) 1716; 1939 (41) 487; 1946 (44) 1474; 1949 (46) 418; 2010 Act No. 146, Section 25, eff March 30, 2010.
Effect of Amendment
The 2010 amendment substituted "department" for three occurrences of "commission"; and made other nonsubstantive changes.
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 27 - Employment And Workforce - General Provisions › Section 41-27-560. Prohibition of libel or slander actions.

A report, communication, or other similar matter, either oral or written from an employee or employer to the other or to the department or its agents, representatives, or employees that has been written, sent, delivered, or made in connection with the requirements and the administration of Chapters 27 through 41 of this title must not be made the subject matter or basis of a suit for slander or libel in a court of this State.
HISTORY: 1962 Code Section 68-30; 1952 Code Section 68-27; 1942 Code Section 7035-95; 1936 (39) 1716; 1939 (41) 487; 1946 (44) 1474; 2010 Act No. 146, Section 26, eff March 30, 2010.
Effect of Amendment
The 2010 amendment substituted "department" for "commission" following "employer to the other or to the"; and made other nonsubstantive changes.
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 27 - Employment And Workforce - General Provisions › Section 41-27-570. Defense of suits involving duties of department.

In case of a suit to enjoin the collection of the contributions provided for in Chapters 27 through 41 of this title, to test the validity of those chapters or for another purpose connected with its duties, the department must be made a party to it and the Attorney General or counsel for the department shall defend the suit in accordance with the provisions of Section 41-27-580.
HISTORY: 1962 Code Section 68-31; 1952 Code Section 68-28; 1942 Code Section 7035-94; 1936 (39) 1716; 1939 (41) 487; 1941 (42) 369; 1942 (42) 1648; 2010 Act No. 146, Section 27, eff March 30, 2010.
Effect of Amendment
The 2010 amendment substituted "department" for two occurrences of "commission"; and made other nonsubstantive changes.
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 27 - Employment And Workforce - General Provisions › Section 41-27-580. Representation of department in civil actions.

In a civil action to enforce the provisions of Chapters 27 through 41 of this title, the department and the State may be represented by a qualified attorney employed by the department and is designated by it for this purpose or, at the department's request, by the Attorney General.
HISTORY: 1962 Code Section 68-32; 1952 Code Section 68-29; 1942 Code Section 7035-97; 1936 (39) 1716; 1939 (41) 487; 2010 Act No. 146, Section 28, eff March 30, 2010.
Effect of Amendment
The 2010 amendment substituted "department" for three occurrences of "commission"; and made other nonsubstantive changes.