reglab/statecodes huggingface dataset:
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 35 - Employment And Workforce - Benefits And Claims › Section 41-35-410. Application of provisions relating to regular benefits.

Except when the result would be inconsistent with the other provisions of this section, as provided in the regulations of the department, the provisions of Chapters 27 through 41 of this title which apply to claims for, or the payment of, regular benefits must apply to claims for, and the payment of, extended benefits.
HISTORY: 1962 Code Section 68-134; 1971 (57) 950; 2010 Act No. 146, Section 84, eff March 30, 2010.
Effect of Amendment
The 2010 amendment substituted "department" for "Commission"; and made one other nonsubstantive change.
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 35 - Employment And Workforce - Benefits And Claims › Section 41-35-430. Weekly extended benefit amount.

The weekly extended benefit amount payable to an individual for a week of total unemployment in his eligibility period shall be an amount equal to the weekly benefit amount payable to him during his applicable benefit year. For any individual who was paid benefits during the applicable benefit year in accordance with more than one weekly benefit amount, the weekly extended benefit amount shall be the average of such weekly benefit amounts.
HISTORY: 1962 Code Section 68-136; 1971 (57) 950.
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 35 - Employment And Workforce - Benefits And Claims › Section 41-35-440. Total extended benefit amount.

(1) The total extended benefit amount payable to any eligible individual with respect to his applicable benefit year is the least of the following amounts:
(a) Fifty percent of the total amount of regular benefits which were payable to him under Chapters 27 through 41 of this title in his applicable benefit year.
(b) Thirteen times his weekly benefit amount which was payable to him under Chapters 27 through 41 of this title for a week of total unemployment in the applicable benefit year.
(2) Notwithstanding any other provision of Chapters 27 through 41 of this title, if the benefit year of any individual ends within an extended benefit period, the remaining balance of extended benefits that such individual would, but for this section, be entitled to receive in that extended benefit period, with respect to weeks of unemployment beginning after the end of the benefit year, must be reduced (but not below zero) by the product of the number of weeks for which the individual received any amounts as trade readjustment allowances within that benefit year, multiplied by the individual's weekly benefit amount for extended benefits.
HISTORY: 1962 Code Section 68-137; 1971 (57) 950; 1983 Act No. 62 Section 14.
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 35 - Employment And Workforce - Benefits And Claims › Section 41-35-450. Announcement of state "on" and "off" indicators or extended benefit periods; computation of rate of insured unemployment.

When an extended benefit period is to become effective in this State as a result of a "state 'on' indicator", or an extended benefit period is to be terminated in this State as a result of a "state 'off' indicator", the department must make an appropriate public announcement. A computation required by the provisions of Section 41-35-340 must be made by the department pursuant to regulations prescribed by the United States Secretary of Labor.
HISTORY: 1962 Code Section 68-138; 1971 (57) 950; 1983 Act No. 62 Section 15; 2010 Act No. 146, Section 86, 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 35 - Employment And Workforce - Benefits And Claims › Section 41-35-610. Procedures must be pursuant to department regulations; duties of employers.

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.
HISTORY: 1962 Code Section 68-151; 1952 Code Section 68-151; 1942 Code Section 7035-86; 1936 (39) 1716; 1939 (41) 487; 1941 (42) 369; 1955 (49) 480; 1972 (57) 2309; 2010 Act No. 146, Section 87, eff March 30, 2010.
Effect of Amendment
The 2010 amendment substituted "department" for four occurrences of "Commission"; and made other nonsubstantive changes.
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 35 - Employment And Workforce - Benefits And Claims › 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.

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.
HISTORY: 2010 Act No. 146, Section 115, eff March 30, 2010; 2011 Act No. 3, Section 14, eff March 14, 2011; 2023 Act No. 67 (H.3726), Section 4, eff May 19, 2023.
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.
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 35 - Employment And Workforce - Benefits And Claims › Section 41-35-620. Notice of determination of insured status.

(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.
HISTORY: 1962 Code Section 68-152; 1952 Code Section 68-152; 1942 Code Section 7035-86; 1936 (39) 1716; 1939 (41) 487; 1941 (42) 369; 1955 (49) 480; 1972 (57) 2309.
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 35 - Employment And Workforce - Benefits And Claims › Section 41-35-630. Determination of claim when labor dispute is involved; determinations involving multiple claimants; group appeals.

(A) In a case where the payment or denial of a benefit will be determined by the provisions of Section 41-35-120(6), the department must designate a special examiner to make an initial determination with respect to it. The determination of the examiner may be appealed in the same manner, within the same time, and through the same procedures as any other determination. The department may, upon written request by a group of workers or their authorized representative, allow one of a group representing a grade or class of workers similarly situated to file an appeal known as a "Group Test Appeal", and the decision of the appeal tribunal or the department regarding the disqualification of the group representative because of the application of Section 41-35-120(6) is binding on the entire group.
(B) When a determination involves multiple claimants and difficult issues of fact or law, the department may designate a special examiner to render the determination. A determination, which may be appealed in the same manner, within the same time, and through the same procedures as any other determination. The department must allow a claimant affected by this determination to join in one appeal and the decision of the appeal tribunal or the department is binding on all claimants who are parties to the consolidated appeal.
HISTORY: 1962 Code Section 68-153; 1952 Code Section 68-153; 1942 Code Section 7035-86; 1936 (39) 1716; 1939 (41) 487; 1941 (42) 369; 1972 (57) 2309; 2010 Act No. 146, Section 88, eff March 30, 2010.
Effect of Amendment
The 2010 amendment redesignated subsections (1) and (2) as (A) and (B), respectively; substituted "department" for five occurrences of "Commission"; and made other nonsubstantive changes throughout the section.
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 35 - Employment And Workforce - Benefits And Claims › Section 41-35-640. Reconsideration of determinations.

(A) An initial determination may for good cause be reconsidered. A party entitled to notice of an initial determination may apply for a reconsideration not later than ten days after the determination was mailed to his last known address. Notice of the redetermination must be promptly given in the manner prescribed in this article with respect to notice of an initial determination.
(B) An initial determination must be reconsidered when the department finds an error in computation or of a similar character has occurred in connection with it or that wages of the claimant pertinent to the determination, but not considered in connection with it, have been newly discovered. However, this redetermination must not be made after one year from the date of the original determination. The reconsidered determination supersedes the original determination. Notice of this redetermination promptly must be given in the manner prescribed in this article with respect to notice of an original determination. Subject to the same limitations and for the same reasons, the department may reconsider a determination in a case where a final decision is rendered by an appeal tribunal, the department, or a court, and, after notice to and the expiration of the period for appeal by the persons entitled to notice of the final decision, may apply to the body or court that rendered the final decision and seek a revised decision. In the event that an appeal involving an original determination is pending on the date a redetermination is issued, the appeal, unless withdrawn, must be treated as an appeal from the redetermination.
HISTORY: 1962 Code Section 68-154; 1952 Code Section 68-154; 1942 Code Section 7035-86; 1936 (39) 1716; 1939 (41) 487; 1941 (42) 369; 1955 (49) 480; 1972 (57) 2309; 1973 (58) 248; 1981 Act No. 108 Section 11; 2002 Act No. 203, Section 3, eff April 10, 2002; 2010 Act No. 146, Section 89, eff March 30, 2010.
Effect of Amendment
The 2002 amendment, in subsection (1), in the second sentence, deleted "or otherwise delivered to him" following "address"; and in the third sentence, substituted "must" for "shall", and deleted the comma following "promptly given".
The 2010 amendment redesignated subsections (1) and (2) as (A) and (B), respectively; substituted "department" for three occurrences of "Commission"; and made other nonsubstantive changes throughout the section.
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 35 - Employment And Workforce - Benefits And Claims › Section 41-35-650. Notification of denial.

If subsequent to an initial determination or redetermination benefits with respect to any week for which a claim has been filed are denied for reasons other than matters included in the initial determination or redetermination, the claimant shall be promptly notified of the denial and the reasons therefor.
HISTORY: 1962 Code Section 68-155; 1952 Code Section 68-155; 1942 Code Section 7035-86; 1936 (39) 1716; 1939 (41) 487; 1941 (42) 369; 1952 (47) 1884; 1972 (57) 2309.
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 35 - Employment And Workforce - Benefits And Claims › Section 41-35-660. Appeals.

The claimant or any other interested party may file an appeal from an initial determination, redetermination, or subsequent determination not later than ten days after the determination was mailed to his last known address. The term "any other interested party" means the claimant's last or separating employer and any employer whose account may be affected by the adjudication of the claim. If an appeal is filed with respect to a matter other than the weekly benefit amount or maximum amount of benefits payable and the appeal tribunal affirms a determination allowing benefits, the benefits paid before the decision disallowing benefits shall not be recovered from any claimant regardless of any appeal which may subsequently be taken to the extent that these benefits are not charged to the account of any employer.
HISTORY: 1962 Code Section 68-156; 1952 Code Section 68-156; 1942 Code Section 7035-86; 1936 (39) 1716; 1939 (41) 487; 1941 (42) 369; 1972 (57) 2309; 1973 (58) 248; 1975 (59) 330; 1981 Act No. 108 Section 12; 2002 Act No. 203, Section 4, eff April 10, 2002.
Effect of Amendment
The 2002 amendment, in the first sentence, deleted ", or otherwise delivered to him" following "address"; in the second sentence, substituted "means" for "shall mean and include", and deleted "last or" and the comma preceding and following "separating employer", respectively; in the third sentence, deleted "duly" preceding "filed", the comma following "benefits payable", and substituted "the" for "such", "before" for "prior to", "subsequently" for "thereafter", and "these" for "such".
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 35 - Employment And Workforce - Benefits And Claims › Section 41-35-670. Benefits must be paid until determination, redetermination or decision has been modified or reversed.

(A) Notwithstanding another provision contained in this article, benefits must be paid pursuant to a determination, redetermination, or the decision of an appeal tribunal, the department, or a reviewing court upon the issuance of that determination, redetermination, or decision, regardless of the pendency of the period to apply for reconsideration, file an appeal, or petition for judicial review provided with respect to it or the pendency of such an application, filing, or petition, until the determination, redetermination, or decision has been modified or reversed by a subsequent redetermination or decision, in which event benefits must be paid or denied for weeks of unemployment afterward pursuant to the modifying or reversing redetermination or decision.
(B) If a determination or redetermination allowing a benefit is affirmed by the appeal tribunal or the department, or if a decision of an appeal tribunal allowing a benefit is affirmed by the department, those benefits must be paid promptly regardless of a further appeal that may be taken, and no injunction, supersedeas, stay, or other writ or process suspending the payment of the benefits must be issued by a court.
HISTORY: 1962 Code Section 68-157; 1952 Code Section 68-157; 1942 Code Section 7035-86; 1936 (39) 1716; 1939 (41) 487; 1941 (42) 369; 1972 (57) 2309; 2010 Act No. 146, Section 90, eff March 30, 2010.
Effect of Amendment
The 2010 amendment redesignated subsections (1) and (2) as (A) and (B), respectively; substituted "department" for three occurrences of "Commission"; and made other nonsubstantive changes throughout the section.
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 35 - Employment And Workforce - Benefits And Claims › Section 41-35-680. Decision on appeal.

Unless an appeal is withdrawn, an appeal tribunal, after affording the parties reasonable opportunity for a fair hearing, after notice of not less than seven days, must make findings and conclusions promptly and on the basis of the findings and conclusions affirm, modify, or reverse the determination or redetermination within thirty days from the date of the hearing. Each party promptly must be furnished a copy of the decision, including the reasons for the decision. This must be considered the final decision of the department, unless within ten days after the date of mailing the decision a further appeal is initiated pursuant to Section 41-35-710.
HISTORY: 1962 Code Section 68-158; 1952 Code Section 68-158; 1942 Code Section 7035-86; 1936 (39) 1716; 1939 (41) 487; 1941 (42) 369; 1972 (57) 2309; 1983 Act No. 56 Section 2; 2002 Act No. 203, Section 5, eff April 10, 2002; 2010 Act No. 146, Section 91, eff March 30, 2010.
Effect of Amendment
The 2002 amendment, in the first sentence, inserted "of the findings and conclusions" preceding "affirm"; in the second sentence, substituted "including" for "together with", deleted "therefore" and inserted "for the decision" following "reasons"; and made nonsubstantive changes throughout.
The 2010 amendment substituted "department" for "commission"; and made other nonsubstantive changes.
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 35 - Employment And Workforce - Benefits And Claims › Section 41-35-690. Exclusive procedure for appeals.

The procedure provided in this chapter for appeals from a determination or redetermination to the appeal tribunal and for appeals from the tribunal, first to the Department of Employment and Workforce Appellate Panel, as established by Section 41-29-300, and afterward to the administrative law court, pursuant to Section 41-29-300(C)(1), is the sole and exclusive appeal procedure.
HISTORY: 1962 Code Section 68-159; 1952 Code Section 68-159; 1942 Code Section 7035-86; 1936 (39) 1716; 1939 (41) 487; 1941 (42) 369; 1972 (57) 2309; 2010 Act No. 146, Section 92, eff March 30, 2010.
Effect of Amendment
The 2010 amendment rewrote this section, relating to appeals to the Workforce Department Appellate Panel and then to the administrative law court.
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 35 - Employment And Workforce - Benefits And Claims › Section 41-35-700. Appeal tribunals.

(A) To hear and decide appeal claims, the executive director must appoint one or more impartial appeal tribunals consisting of either:
(1) a referee, selected pursuant to Section 41-29-70; or
(2) a body consisting of three members, one of whom:
(a) must be a referee who must serve as chairman;
(b) one of whom must be a representative of employers; and
(c) the third of whom must be a representative of employees.
(B) Each of the latter two members shall serve at the pleasure of the executive director and shall be paid a per diem as fixed in the annual state appropriation act for boards, commissions, and committees for each day of active service on a tribunal plus necessary expenses, as fixed in the annual appropriation act. A person must not participate on behalf of the department in any case in which he is an interested party. The department may designate alternates to serve in the absence or disqualification of a member of an appeal tribunal. The chairman must act alone in the absence or disqualification of another member and his alternate. The hearings must not proceed unless the chairman of the appeal tribunal is present.
HISTORY: 1962 Code Section 68-160; 1952 Code Section 68-160; 1942 Code Section 7035-86; 1936 (39) 1716; 1939 (41) 487; 1941 (42) 369; 2010 Act No. 146, Section 93, eff March 30, 2010.
Effect of Amendment
The 2010 amendment rewrote this section to add subsection designations, and to authorize the executive director and the department to appoint and oversee appeal tribunals.
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 35 - Employment And Workforce - Benefits And Claims › Section 41-35-710. Appellate Panel review of appeal tribunal decision.

The Department of Employment and Workforce Appellate Panel may on its own motion affirm, modify, or set aside a decision of an appeal tribunal on the basis of evidence previously submitted in the case; direct the taking of additional evidence; or permit a party to the decision to initiate further appeals before it. The appellate panel must permit further appeals by a party to a decision of an appeal tribunal and by the examiner whose decision has been overruled or modified by an appeal tribunal. The appellate panel may remove to itself or transfer to another appeal tribunal the proceedings on a claim pending before an appeal tribunal. Proceedings removed to the appellate panel must be heard by a quorum pursuant to the requirements of Sections 41-35-690 and 41-35-720. The appellate panel promptly must notify a party to a proceeding of its findings and decision.
HISTORY: 1962 Code Section 68-161; 1952 Code Section 68-161; 1942 Code Section 7035-86; 1936 (39) 1716; 1939 (41) 487; 1941 (42) 369; 1966 (54) 2640; 2010 Act No. 146, Section 94, eff March 30, 2010.
Effect of Amendment
The 2010 amendment rewrote this section to authorize the Workforce Department Appellate Panel to review decisions of appeal tribunals.
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 35 - Employment And Workforce - Benefits And Claims › Section 41-35-720. Conduct of appealed claims.

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.
HISTORY: 1962 Code Section 68-162; 1952 Code Section 68-162; 1942 Code Section 7035-86; 1936 (39) 1716; 1939 (41) 487; 1941 (42) 369; 1966 (54) 2640; 2010 Act No. 146, Section 95, eff March 30, 2010.
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.
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 35 - Employment And Workforce - Benefits And Claims › Section 41-35-730. Fees of subpoenaed witnesses.

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.
HISTORY: 1962 Code Section 68-163; 1952 Code Section 68-163; 1942 Code Section 7035-86; 1936 (39) 1716; 1939 (41) 487; 1941 (42) 369; 2010 Act No. 146, Section 96, eff March 30, 2010.
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.
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 35 - Employment And Workforce - Benefits And Claims › Section 41-35-740. Judicial review of department's decision.

A decision of the department, in the absence of an appeal from it as provided in this article, becomes final ten days after the date of notification or mailing of it, and judicial review is permitted only after a party claiming to be aggrieved by it has exhausted his administrative remedies as provided by Chapters 27 through 41 of this title. The department must be considered to be a party to a judicial action involving a decision and may be represented in the judicial action by a qualified attorney employed by the department and designated by the department for that purpose or, at the department's request, by the Attorney General.
HISTORY: 1962 Code Section 68-164; 1952 Code Section 68-164; 1942 Code Section 7035-86; 1936 (39) 1716; 1939 (41) 487; 1941 (42) 369; 2010 Act No. 146, Section 97, eff March 30, 2010.
Effect of Amendment
The 2010 amendment substituted "department" for "Commission"; and made other nonsubstantive changes throughout the section.
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 35 - Employment And Workforce - Benefits And Claims › Section 41-35-760. Publication of department regulations on electronic website.

(A) The department must promulgate all regulations described in this chapter and regulations governing procedures at all proceedings, hearings, and appeals before the department or any member or employee of the department, including claims for benefit determinations, and all appeals of determinations regarding those claims, and publish all regulations on an electronic website.
(B) Regulations governing procedures at hearings and appeals before the department shall include, at a minimum:
(1) procedures for seeking a hearing, review, or appeal;
(2) procedures for notifying parties;
(3) evidentiary rules;
(4) procedures for making findings of fact and conclusions of law;
(5) procedures for making and maintaining an appropriate record of interviews and proceedings before the department; and
(6) procedures for seeking review or appeal of the department's decision.
(C) All regulations must be promulgated in accordance with the provisions of Chapter 23, Title 1 of the South Carolina Code of Laws.
HISTORY: 2010 Act No. 146, Section 99, eff March 30, 2010.
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 37 - Employment And Workforce - Employer's Coverage › Section 41-37-10. Period of coverage generally.

Except as provided in Section 41-37-20, any employing unit which is or becomes an employer subject to Chapters 27 through 41 of this Title within any calendar year shall be subject to such chapters during the whole of such calendar year.
HISTORY: 1962 Code Section 68-251; 1952 Code Section 68-251; 1942 Code Section 7035-88; 1936 (39) 1716; 1939 (41) 487.
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 37 - Employment And Workforce - Employer's Coverage › Section 41-37-20. Election as to coverage.

(A) An employing unit not otherwise subject to Chapters 27 through 41 of this title, which files with the department its written election to become an employer subject to these chapters for not less than two calendar years, with the written approval of the election by the department, must become an employer subject to the same extent as all other employers as of the date stated in the approval and must cease to be subject to these chapters as of January first of a calendar year subsequent to the two calendar years if by the thirtieth day of April of that year it has filed with the department a written notice to that effect.
(B) An employing unit, for which services that do not constitute employment as defined in Chapters 27 through 41 of this title are performed, may file with the department a written election that services performed by an individual in its employment in one or more distinct establishments or places of business must be considered to constitute employment by an employer for the purposes of those chapters for not less than two calendar years. On the written approval of this election by the department, these services must be considered to constitute employment subject to those chapters from and after the date stated in the approval. These services cease to be considered employment subject to these chapters as of January first of a calendar year subsequent to those two calendar years if by the thirtieth day of April of that year the employing unit files with the department a written notice to that effect.
HISTORY: 1962 Code Section 68-252; 1952 Code Section 68-252; 1942 Code Section 7035-88; 1936 (39) 1716; 1939 (41) 487; 1952 (47) 1888; 1961 (52) 166; 1971 (57) 950; 1977 Act No. 161 Section 22; 2010 Act No. 146, Section 100, eff March 30, 2010.
Effect of Amendment
The 2010 amendment redesignated subsections (1) and (2) as (A) and (B), respectively; substituted "department" for six occurrences of "Commission"; and made other nonsubstantive changes throughout the section.
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 39 - Employment And Workforce - Protection Of Rights And Benefits › Section 41-39-10. Validity of waiver of rights, employee's agreement to pay employer's contributions.

No agreement by an individual to waive, release or commute his rights to benefits or any other rights under Chapters 27 through 41 of this Title shall be valid. No agreement by any individual in the employ of any person or concern to pay all or any portion of an employer's contributions, payments in lieu of contributions or reimbursement of benefits required under Chapters 27 through 41 of this Title from such employer shall be valid. No employer shall directly or indirectly make, require or accept any deduction from wages to finance the employer's contributions, payments in lieu of contributions, or reimbursement of benefits or require or accept any waiver of any right under Chapters 27 through 41 of this Title by any individual in his employ. Any employer or officer or agent of an employer who violates any provision of this section shall, for each offense, be fined not less than one hundred dollars nor more than one thousand dollars or be imprisoned for not more than six months or both.
HISTORY: 1962 Code Section 68-351; 1952 Code Section 68-351; 1942 Code Section 7035-95; 1936 (39) 1716; 1939 (41) 487; 1973 (58) 248.
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 39 - Employment And Workforce - Protection Of Rights And Benefits › Section 41-39-20. Validity of assignment, pledge, or encumbrance of benefits; exemption of benefits.

No assignment, pledge, or encumbrance of any right to benefits which are or may become due or payable under Chapters 27 through 41 of this title is valid and such rights to benefits are exempt from levy, execution, attachment, or any other remedy whatsoever, provided for the collection of debt, except as provided for in Section 41-35-140 of this title. Benefits received by an individual, so long as they are not mingled with other funds of the recipient, are exempt from any remedy whatsoever for the collection of all debts except those incurred for necessaries furnished to such individual or his spouse or a dependent during the time when such individual was unemployed. No waiver of any exception provided for in this section is valid.
HISTORY: 1962 Code Section 68-352; 1952 Code Section 68-352; 1942 Code Section 7035-95; 1936 (39) 1716; 1939 (41) 487; 1983 Act No. 62 Section 16.
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 39 - Employment And Workforce - Protection Of Rights And Benefits › Section 41-39-30. Limitation on charging and amount of fees.

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.
HISTORY: 1962 Code Section 68-353; 1952 Code Section 68-353; 1942 Code Section 7035-95; 1936 (39) 1716; 1939 (41) 487; 2010 Act No. 146, Section 102, eff March 30, 2010; 2011 Act No. 63, Section 12, eff June 14, 2011.
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.
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 39 - Employment And Workforce - Protection Of Rights And Benefits › Section 41-39-40. Income tax withholding from unemployment compensation.

(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.
HISTORY: 1996 Act No. 306, Section 1, eff May 6, 1996; 2010 Act No. 146, Section 103, eff March 30, 2010.
Effect of Amendment
The 2010 amendment substituted "department" for "commission" in subsection (C); and made other nonsubstantive changes.
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 41 - Employment And Workforce - Offenses, Penalties And Liabilities › Section 41-41-10. False statements or representations, or failures to disclose material facts, to obtain or increase benefits.

Whoever makes a false statement or representation knowing it to be false or who knowingly fails to disclose a material fact to obtain or to increase any benefits or other payment under Chapters 27 through 41 of this title or under an employment security or unemployment compensation law of any other state, the Federal Government, or of a foreign government, either for himself or for any other person, shall be punished by a fine of not less than fifty nor more than two hundred fifty dollars or by imprisonment for not longer than thirty days and each such false statement or representation or failure to disclose a material fact shall constitute a separate offense.
HISTORY: 1962 Code Section 68-401; 1952 Code Section 68-401; 1949 (46) 262; 1955 (49) 480; 2015 Act No. 77 (S.407), Section 2, eff June 8, 2015.
Effect of Amendment
2015 Act No. 77, Section 2, substituted "of this title" for "of this Title", and substituted "not less than fifty nor more than two hundred fifty dollars" for "not less than twenty nor more than one hundred dollars".
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 41 - Employment And Workforce - Offenses, Penalties And Liabilities › Section 41-41-20. Suspension of benefits to claimant making false statement or failing to disclose material fact; deduction from benefits.

(A) A claimant found by the department knowingly to have made a false statement or who knowingly failed to disclose a material fact when filing a compensable claim to establish his right to or increase the amount of his benefits is ineligible to receive benefits for any week for which the claim was filed and is ineligible to receive further benefits for not less than ten and not more than fifty-two consecutive weeks as determined by the department according to the circumstances of the case, these weeks to commence with the date of the determination.
(B) If the department finds that a fraudulent misrepresentation has been made by a claimant with the object of obtaining benefits under this chapter to which he was not entitled, in addition to any other penalty or prosecution provided under this chapter, the department may make a determination that there must be deducted from benefits to which the claimant might become entitled during this present benefit year or the next subsequent benefit year, or both, an amount not less than two and one-half times his weekly benefit amount and not more than his maximum benefit amount payable in a benefit year, as determined under Chapter 35. This deduction takes effect on the date of the determination. An appeal from this determination must be made in the manner prescribed in Article 5, Chapter 35.
HISTORY: 1962 Code Section 68-401.1; 1972 (57) 2309; 1973 (58) 248; 2002 Act No. 202, Section 1, eff April 10, 2002; 2010 Act No. 146, Section 104, eff March 30, 2010; 2015 Act No. 77 (S.407), Section 2, eff June 8, 2015.
Effect of Amendment
The 2002 amendment rewrote this section.
The 2010 amendment substituted "department" for four occurrences of "commission" throughout the section.
2015 Act No. 77, Section 2, in (B), inserted "and one-half" following "an amount not less than two".
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 41 - Employment And Workforce - Offenses, Penalties And Liabilities › Section 41-41-30. False statements or representations, or failures to disclose material facts, to prevent or reduce payment of benefits or contributions.

Any employing unit or any officer or agent of an employing unit or any other person who makes a false statement or representation knowing it to be false or who knowingly fails to disclose a material fact to prevent or reduce the payment of benefits to any individual entitled thereto or to avoid becoming or remaining subject thereto or to avoid or reduce any contribution or other payment required from any employing unit under Chapters 27 through 41 of this title shall be punished by a fine of not less than fifty nor more than two hundred fifty dollars or by imprisonment for not longer than thirty days, and each such false statement or representation or failure to disclose a material fact shall constitute a separate offense.
HISTORY: 1962 Code Section 68-402; 1952 Code Section 68-402; 1949 (46) 262; 2015 Act No. 77 (S.407), Section 2, eff June 8, 2015.
Effect of Amendment
2015 Act No. 77, Section 2, substituted "of this title" for "of this Title", and substituted "a fine of not less than fifty nor more than two hundred fifty dollars" for "a fine of not less than twenty nor more than one hundred dollars".
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 41 - Employment And Workforce - Offenses, Penalties And Liabilities › Section 41-41-45. Improper unemployment compensation payments.

(A) Notwithstanding any other provision of law, if the department determines that an improper payment from its unemployment compensation fund or from any federal unemployment compensation fund was made to any individual due to a false statement or failure to disclose a material fact pursuant to Sections 41-41-10 and 41-41-20, the department will assess a monetary penalty of thirty-three percent of the amount of the overpayment.
(B) The notice of the determination or decision informing the individual of the overpayment must include:
(1) the claimant's appeal rights;
(2) the penalty amount;
(3) an explanation of the reason for the overpayment; and
(4) the reason the penalty has been applied.
(C) The recovered amounts shall be applied with priority to:
(1) the principal amount of the overpayment to the unemployment compensation fund;
(2) sixty percent of the monetary penalty to the unemployment compensation fund;
(3) the remaining forty percent of the monetary penalty to promote unemployment compensation integrity; and
(4) any remaining amounts to interest.
(D) Offset of future unemployment insurance benefits shall not be applied to the monetary penalty or interest associated with an overpayment.
(E) The monetary penalty will be assessed on any fraudulent overpayment determined by the department.
HISTORY: 2013 Act No. 53, Section 1, eff June 7, 2013; 2015 Act No. 77 (S.407), Section 2, eff June 8, 2015.
Effect of Amendment
2015 Act No. 77, Section 2, in (A), substituted "thirty-three percent" for "twenty-five percent"; and in (E), deleted "after October 21, 2013" at the end.
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 41 - Employment And Workforce - Offenses, Penalties And Liabilities › Section 41-41-50. General penalty.

An employing unit or person who wilfully violates a provision of Chapters 27 through 41 of this title or an order, rule, or regulation under this title, the violation of which is made unlawful or the observance of which is required under the terms of these chapters, is liable to a penalty of two thousand dollars, to be recovered by the department in an appropriate action in the South Carolina Administrative Law Court, and also is guilty of a misdemeanor and, upon conviction, must be punished by a fine of not less than fifty dollars but not more than two hundred fifty dollars or imprisonment for not longer than thirty days, and, with regard to both civil and criminal penalties, each day the violation continues is considered a separate offense.
HISTORY: 1962 Code Section 68-404; 1952 Code Section 68-404; 1949 (46) 262; 2010 Act No. 146, Section 106, eff March 30, 2010; 2015 Act No. 77 (S.407), Section 2, eff June 8, 2015.
Effect of Amendment
The 2010 amendment substituted "department" for "Commission"; and made other nonsubstantive changes.
2015 Act No. 77, Section 2, substituted "a penalty of two thousand dollars" for "a penalty of one thousand dollars", substituted "the South Carolina Administrative Law Court" for "a court of competent jurisdiction", substituted "a fine of not less than fifty dollars but not more than two hundred fifty dollars" for "a fine of not less than twenty dollars but not more than one hundred dollars", and added "with regard to both civil and criminal penalties,".
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 42 - State Employment Service › 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.

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.
HISTORY: 1981 Act No. 180 Section 1; 2010 Act No. 146, Section 107, eff March 30, 2010.
Effect of Amendment
The 2010 amendment substituted "department" for "South Carolina Employment Security Commission"; and made other nonsubstantive changes throughout the section.
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 42 - State Employment Service › Section 41-42-20. Director; powers and duties; appointment of director and other officers and employees.

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.
HISTORY: 1981 Act No. 180 Section 1; 2010 Act No. 146, Section 108, eff March 30, 2010.
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.
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 42 - State Employment Service › Section 41-42-30. Provisions of federal act establishing national employment system accepted by State; South Carolina Department of Employment and Workforce is cooperating state agency.

The provisions of the act of Congress mentioned in Section 41-42-10 are accepted by this State, in conformity with Section 4 of that act and this State will observe and comply with the requirements of the act. The department is designated and constituted the agency of this State for the purposes of that act.
HISTORY: 1981 Act No. 180 Section 1; 2010 Act No. 146, Section 109, eff March 30, 2010.
Effect of Amendment
The 2010 amendment substituted "department" for "South Carolina Employment Security Commission" in the second sentence; and made other nonsubstantive changes.
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 42 - State Employment Service › Section 41-42-40. Division authorized to enter into agreements; may accept contributions to unemployment compensation administration fund.

For the purpose of establishing and maintaining free public employment offices the division may enter into agreement with a political subdivision of this State or with a private nonprofit organization and as a part of such agreement the department may accept money, services, or quarters as a contribution to the unemployment compensation administration fund.
HISTORY: 1981 Act No. 180 Section 1; 2010 Act No. 146, Section 110, eff March 30, 2010.
Effect of Amendment
The 2010 amendment substituted "department" for "Commission" following "such agreement the"; and made other nonsubstantive changes.