reglab/statecodes huggingface dataset:
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 27 - Employment And Workforce - General Provisions › Section 41-27-590. Prosecution of criminal actions.

(A) All criminal actions for violation of any provision of Chapters 27 through 41 of this title or of any rules or regulations issued pursuant thereto shall be prosecuted by the Attorney General of the State or at his request and under his direction by the solicitor of any circuit or any prosecuting attorney in any court of competent jurisdiction in the county in which the employer has a place of business or the violator resides.
(B) The department must refer all cases of significant claimant and/or employer fraud to the Attorney General to determine whether to prosecute the offender.
HISTORY: 1962 Code Section 68-33; 1952 Code Section 68-30; 1942 Code Section 7035-97; 1936 (39) 1716; 1939 (41) 487; 2010 Act No. 146, Section 116, eff March 30, 2010.
Effect of Amendment
The 2010 amendment designated the existing paragraph as subsection (A); added subsection (B), relating to referral of cases of significant fraud to the Attorney General; and made other nonsubstantive changes.
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 27 - Employment And Workforce - General Provisions › Section 41-27-600. Compromises.

The department may compromise a civil penalty or cause of action arising pursuant to a provision of Chapters 27 through 41 of this title instead of commencing suit on them and may compromise the case after suit on it commences. In these cases the department shall keep on file in its office the reasons for settlement by compromise; a statement on the amount of contribution imposed; the amount of additional contribution, penalty, or interest imposed by law in consequence of neglect or delinquency; and the amount actually paid pursuant to the terms of the compromise.
HISTORY: 1962 Code Section 68-34; 1952 Code Section 68-31; 1942 Code Section 735-100; 1936 (39) 1716; 1939 (41) 487; 2010 Act No. 146, Section 29, 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 41-27-610. Place where failure to perform acts deemed to occur.

The failure to do an act required by or under the provisions of Chapters 27 through 41 of this title shall be deemed an act committed in part at the office of the department in Columbia.
HISTORY: 1962 Code Section 68-35; 1952 Code Section 68-32; 1942 Code Section 7035-101; 1936 (39) 1716; 1939 (41) 487; 2010 Act No. 146, Section 30, eff March 30, 2010; 2011 Act No. 3, Section 3, eff March 14, 2011.
Effect of Amendment
The 2010 amendment substituted "department" for "commission in Columbia"; and made other nonsubstantive changes.
The 2011 amendment substituted "by or under the provisions" for "pursuant to a provision" and "shall be deemed" for "is considered", and added "in Columbia".
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 27 - Employment And Workforce - General Provisions › Section 41-27-620. Department's certificate as prima facie evidence.

The certificate of the department to the effect that a contribution has not been paid, that a report has not been made, that information has not been furnished, or that records have not been produced or made available for inspection, as required pursuant to Chapters 27 through 41 of this title, is prima facie evidence of the alleged action.
HISTORY: 1962 Code Section 68-36; 1952 Code Section 68-33; 1942 Code Section 7035-101; 1936 (39) 1716; 1939 (41) 487; 2010 Act No. 146, Section 31, eff March 30, 2010.
Effect of Amendment
The 2010 amendment substituted "department" for "commission" following "The certificate of the"; substituted "of the alleged action" for "thereof" following "prima facie evidence"; and made other nonsubstantive changes.
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 27 - Employment And Workforce - General Provisions › Section 41-27-630. Liability of State and department for payment of benefits.

A benefit is considered due and payable pursuant to Chapters 27 through 41 of this title only to the extent provided in those chapters and to the extent that money is available for them to the credit of the unemployment compensation fund and neither the State nor the department must be liable for an amount in excess of that sum.
HISTORY: 1962 Code Section 68-37; 1952 Code Section 68-35; 1942 Code Section 7035-102; 1936 (39) 1716; 1939 (41) 487; 2010 Act No. 146, Section 32, eff March 30, 2010.
Effect of Amendment
The 2010 amendment substituted "department" for "commission" following "neither the State nor 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 41-27-640. Extension of unemployment insurance coverage to political subdivisions mandated by P.L. 94-566.

Notwithstanding the provisions of this act, any extension of unemployment insurance coverage to political subdivisions in this State mandated by P.L. 94-566 shall be continued in effect at the option of the governing body of the political subdivision to the extent any part of the coverage mandated in P.L. 94-566 upon state and local government is either declared unconstitutional by the Supreme Court of the United States, or is repealed by an act of Congress. If P.L. 94-566 or the federal acts it amends is stayed pendente lite as to the employees of this State or one of its cities or counties by any court of competent jurisdiction, the coverage of all employees under this law is automatically stayed.
HISTORY: 1977 Act No. 161 Section 24.
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 27 - Employment And Workforce - General Provisions › Section 41-27-650. Department must work in conjunction with Department of Commerce and Department of Administration on certain matters.

(A) The Department of Commerce and the Department of Employment and Workforce must work in conjunction to develop or procure computer hardware, software, and other equipment that are compatible with each other as needed to efficiently address the state's policy goals as set forth in Section 41-27-20. Once information technology is attained, the departments regularly must develop reports that address relevant workforce issues and make the reports available to workforce training entities, including, but not limited to, the State Board for Technical and Comprehensive Education, the Commission on Higher Education, and the State Agency of Vocational Rehabilitation. Additionally, the departments must respond promptly to inquiries for information made by education and workforce training entities.
(B) The department must work in conjunction with the Department of Administration to coordinate its computer system with computer systems of other state agencies so that the department may more efficiently match unemployed persons with available jobs. The department must provide a progress report concerning implementation of this subsection to the Chairman of the Senate Labor, Commerce and Industry Committee, the Chairman of the House of Representatives Ways and Means Committee, the Department of Employment and Workforce Review Committee, and the Governor every three months until fully implemented.
(C) This section is not intended to restrict or hinder the development of an unemployment benefits system financed in whole or in part by the United States Department of Labor.
HISTORY: 2010 Act No. 146, Section 7, eff March 30, 2010.
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 27 - Employment And Workforce - General Provisions › Section 41-27-700. Department of Employment and Workforce Review Committee; creation.

There is created the Department of Employment and Workforce Review Committee which must exercise the powers and fulfill the duties described in this article.
HISTORY: 2010 Act No. 146, Section 118, eff March 30, 2010.
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 27 - Employment And Workforce - General Provisions › Section 41-27-710. Committee membership; organization; meetings; quorum.

(A) The committee must be composed of nine members, three of whom must be members of the House of Representatives appointed by the Speaker, at least one of whom must be a member of the minority party; three of whom must be members of the Senate appointed by the President of the Senate, at least one of whom must be a member of the minority party; and three of whom shall be appointed by the Governor from the general public at large, of which one must represent businesses with fewer than fifty employees and one of whom must represent businesses with fewer than five hundred employees. A member of the general public appointed by the Governor may not be a member of the General Assembly.
(B) The committee must meet as soon as practicable after appointment and organize itself by electing one of its members as chairman and other officers as the committee considers necessary. Afterward, the committee at least annually shall meet and at the call of the chairman or a majority of the members. A quorum consists of five members.
(C) Unless the committee finds a person qualified to serve as the Executive Director of the Department of Employment and Workforce, the person may not be appointed.
(D) A member of the committee that misses three consecutive scheduled meetings at which a quorum is present must be removed from and replaced on the committee by the person that appointed that member.
(E) The committee must discharge its duties related to screening and nominating qualified individuals for appointment by the Governor in the manner provided in Chapter 20, Title 2.
HISTORY: 2010 Act No. 146, Section 118, eff March 30, 2010; 2019 Act No. 1 (S.2), Section 54, eff January 31, 2019.
Editor's Note
2010 Act No. 146, Section 111, provides as follows:
"In making appointments and hiring decisions for positions pursuant to this act, the governing authority or individual tasked with making such appointment or hiring decision must consider race, gender, and other demographic factors to assure nondiscrimination, inclusion, and representation to the greatest extent possible of all segments of the population of this State; however, consideration of these factors in no way creates a cause of action or basis for an employee grievance for a person appointed or for a person who fails to be appointed."
Effect of Amendment
2019 Act No. 1, Section 54, in (A), in the first sentence, substituted "President of the Senate" for "President Pro Tempore".
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 27 - Employment And Workforce - General Provisions › Section 41-27-720. Duties of committee.

The committee shall:
(1) nominate three qualified applicants for the Governor to consider in appointing the executive director. In order to be found qualified, the person must meet the minimum requirements as provided in Section 41-29-35. The committee must consider a person's experience and expertise in matters related to unemployment, workforce development, and economic development. A person may not be appointed to serve as the permanent executive director unless he is found qualified by the committee. If the Governor rejects all of the nominees, the committee must reopen the nominating process;
(2) screen Department of Employment and Workforce Appellate Panel candidates for qualifications. In order to be found qualified, the person must meet the minimum requirements as provided in Section 41-29-300(E). The committee must consider a person's experience and expertise in matters related to unemployment, workforce development, and economic development. A person may not be elected to serve on the Department of Employment and Workforce Appellate Panel unless he is found qualified by the committee;
(3) conduct an annual performance review of the executive director, which must be submitted to the General Assembly and the Governor. A draft of the executive director's performance review must be submitted to him, and the executive director must be allowed an opportunity to be heard before the committee before the final draft of the performance review is submitted to the General Assembly and the Governor;
(4) submit to the General Assembly and the Governor, on an annual basis, the committee's evaluation of the performance of the Department of Employment and Workforce. A proposed draft of the evaluation must be submitted to the Executive Director of the Department of Employment and Workforce before submission to the General Assembly and the Governor, and the Executive Director of the Department of Employment and Workforce must be given an opportunity to be heard before the committee before the completion of the evaluation and its submission to the General Assembly and the Governor;
(5) assist in developing an annual workshop of at least six contact hours concerning ethics and the Administrative Procedures Act for the executive director and employees of the Department of Employment and Workforce as the committee considers appropriate;
(6) make reports and recommendations to the General Assembly and the Governor on matters relating to the powers and duties set forth in this section;
(7) submit a letter to the General Assembly with the annual budget proposals of the Department of Employment and Workforce, indicating the committee has reviewed the proposals; and
(8) undertake additional studies or evaluations as the committee considers necessary.
HISTORY: 2010 Act No. 146, Section 118, eff March 30, 2010.
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 27 - Employment And Workforce - General Provisions › Section 41-27-725. Powers of committee; oaths and affirmations; depositions; subpoenas.

(A) The committee in the discharge of its duties may administer oaths and affirmations, take depositions, and issue subpoenas to compel the attendance of witnesses and the production of books, papers, correspondence, memoranda, and other records considered necessary in connection with the committee's investigation.
(B) No person shall be excused from attending and testifying or from producing books, papers, correspondence, memoranda, or other records before the committee on the ground that the testimony or evidence, documentary or otherwise, required of him may tend to incriminate him or subject him to a penalty or forfeiture. However, no individual shall be prosecuted or subjected to any criminal penalty based upon testimony or evidence submitted or forfeiture for or on account of any transaction, matter, or thing concerning which he is compelled, after having claimed his privilege against self-incrimination, to testify or produce evidence, documentary or otherwise, except that the individual so testifying shall not be exempt from prosecution and punishment for perjury and false swearing committed in so testifying.
(C) In case of contumacy by any person or refusal to obey a subpoena issued to any person, any circuit court of this State or circuit judge thereof within the jurisdiction of which the person guilty of contumacy or refusal to obey is found, resides, or transacts business, upon application by the committee may issue to the person an order requiring him to appear before the committee to produce evidence if so ordered or to give testimony touching the matter under investigation. Any failure to obey an order of the court may be punished as a contempt hereof. Subpoenas shall be issued in the name of the committee and shall be signed by the committee chairman. Subpoenas shall be issued to those persons as the committee may designate.
HISTORY: 2010 Act No. 146, Section 118, eff March 30, 2010.
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 27 - Employment And Workforce - General Provisions › Section 41-27-730. Expenses of committee and its members.

(A) The committee members are entitled to mileage, subsistence, and per diem as authorized by law for members of boards, committees, and commissions while in the performance of the duties for which they are appointed. These expenses must be paid from the general fund of the State on warrants duly signed by the chairman of the committee and payable by the authorities from which they are appointed, except as provided in subsection (B) of this section.
(B) The committee may request that it be reimbursed for expenses associated with its duties with funds from the employment security administration fund. The expenses of the committee must be advanced by a legislative body and the legislative body incurring this expense must be reimbursed by the State.
HISTORY: 2010 Act No. 146, Section 118, eff March 30, 2010.
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 27 - Employment And Workforce - General Provisions › Section 41-27-740. Staff support for committee.

(A) The committee must use clerical and professional employees of the Senate Labor, Commerce and Industry Committee and the House of Representatives Labor, Commerce and Industry Committee for its staff, who must be made available to the committee.
(B) The committee may employ or retain other professional staff, upon the determination of the necessity for other staff by the committee.
HISTORY: 2010 Act No. 146, Section 118, eff March 30, 2010.
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 27 - Employment And Workforce - General Provisions › Section 41-27-750. Comprehensive study of other states' unemployment and workforce agencies; report and recommendations.

The committee may conduct a comprehensive study of other states' unemployment and workforce agency structures, responsibilities, qualifications, and compensation. The committee may prepare and deliver this report along with its recommendations to the General Assembly and the Governor.
HISTORY: 2010 Act No. 146, Section 118, eff March 30, 2010.
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 29 - Employment And Workforce - Department Of Employment And Workforce › Section 41-29-10. Unemployment security provisions; administration by Department of Employment and Workforce.

Chapters 27 through 41 of this title shall be administered by the South Carolina Department of Employment and Workforce.
HISTORY: 1962 Code Section 68-51; 1952 Code Section 68-51; 1942 Code Section 7035-90; 1936 (39) 1716; 1941 (42) 369; 1946 (44) 1474; 1951 (47) 506; 2010 Act No. 146, Section 4, eff March 30, 2010.
Effect of Amendment
The 2010 amendment rewrote this section, replacing the South Carolina Employment Security Commission with the South Carolina Department of Employment and Workforce.
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 29 - Employment And Workforce - Department Of Employment And Workforce › Section 41-29-20. Department of Employment and Workforce; creation; executive director; appointment; removal; compensation.

There is hereby created the South Carolina Department of Employment and Workforce which must be managed and operated by an executive director nominated by the State Department of Employment and Workforce Review Committee and appointed by the Governor. The term of the executive director is conterminous with that of the Governor and until a successor is appointed pursuant to this act. The executive director is subject to removal by the Governor as provided in Section 1-3-240(B). The executive director shall receive compensation as established under the provisions of Section 8-11-160 and for which funds have been authorized in the general appropriations act. For the purposes of this chapter, "department" means the South Carolina Department of Employment and Workforce.
HISTORY: 1962 Code Section 68-52; 1952 Code Section 68-52; 1942 Code Section 7035-90; 1936 (39) 1716; 1941 (42) 369; 2010 Act No. 146, Section 5, eff March 30, 2010.
Effect of Amendment
The 2010 amendment rewrote this section to create the South Carolina Department of Employment and Workforce and provide for appointment of its executive director.
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 29 - Employment And Workforce - Department Of Employment And Workforce › Section 41-29-25. Executive Director; discharge of duties.

(A) The executive director shall discharge his duties:
(1) in good faith;
(2) with the care an ordinarily prudent person in a like position would exercise under similar circumstances; and
(3) in a manner he reasonably believes to be in the best interests of the department. As used in this chapter, best interests means a balancing of the following:
(a) achieving the purposes of the department;
(b) preservation of the financial integrity of the department and its ongoing operations; and
(c) exercise of the powers of the department in accordance with good business practices and the requirements of applicable laws and regulations.
(B) In discharging his duties, the executive director is entitled to rely on information, opinions, reports, or statements, including financial statements and other financial data, if prepared or presented by:
(1) one or more officers or employees of the State whom the executive director reasonably believes to be reliable and competent in the matters presented; or
(2) legal counsel, public accountants, or other persons as to matters the executive director reasonably believes are within the person's professional or expert competence.
(C) The executive director is not acting in good faith if he has knowledge concerning the matter in question that makes reliance otherwise permitted by subsection (B) unwarranted.
(D) Nothing in this section gives rise to a cause of action against the executive director or any decision made by the executive director concerning departmental operations or development.
HISTORY: 2010 Act No. 146, Section 120, eff March 30, 2010.
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 29 - Employment And Workforce - Department Of Employment And Workforce › Section 41-29-30. Repealed by 2010 Act No. 146, Section 123, eff March 30, 2010.

Editor's Note
Former Section 41-29-30 was entitled "Secretary" and was derived from 1962 Code Section 68-53; 1952 Code Section 68-53; 1942 Code Section 7035-91; 1936 (39) 1716; 1939 (41) 487; 1941 (42) 369.
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 29 - Employment And Workforce - Department Of Employment And Workforce › Section 41-29-35. Executive Director; appointment.

(A) The Executive Director of the Department of Employment and Workforce must be appointed pursuant to the procedure set forth in Section 41-27-720.
(B) The committee must nominate three applicants found qualified to serve as executive director for the Governor's consideration. In making nominations to the Governor, the committee should consider race, gender, national origin, and other demographic factors to ensure nondiscrimination to the greatest extent possible as to all segments of the population of the State. The committee must also give due consideration to a person's ability, area of expertise, dedication, compassion, common sense, and integrity. If fewer than three applicants are found qualified to serve as executive director, the committee must resolicit for applicants and continue the screening process until three applicants are found qualified and nominated.
(1) A person may not be appointed to serve as permanent executive director unless the committee finds the person qualified.
(2) The Governor must transmit the name of his appointee to the Senate for advice and consent.
(3) If the Governor rejects all of the nominees, the committee must reopen the nominating process.
(C) For the committee to find a person qualified, he must have:
(1) a baccalaureate or more advanced degree from:
(a) a recognized institution of higher learning requiring face to face contact between its students and instructors prior to completion of the academic program;
(b) an institution of higher learning that has been accredited by a regional or national accrediting body; or
(c) an institution of higher learning chartered before 1962; and
(2) a background of substantial duration and expertise in business, labor and employment, employment benefits, human resource management, or five years' experience as a practicing attorney.
(D) The committee may find a person qualified although he does not have a background of substantial duration and expertise in one of the five enumerated areas contained in subsection (C)(2) of this section if two-thirds of the committee vote to qualify this candidate and provide written justification of their decision in the report as to the qualifications of the candidates.
HISTORY: 2010 Act No. 146, Section 119, eff March 30, 2010.
Editor's Note
2010 Act No. 146, Section 111, provides as follows:
"In making appointments and hiring decisions for positions pursuant to this act, the governing authority or individual tasked with making such appointment or hiring decision must consider race, gender, and other demographic factors to assure nondiscrimination, inclusion, and representation to the greatest extent possible of all segments of the population of this State; however, consideration of these factors in no way creates a cause of action or basis for an employee grievance for a person appointed or for a person who fails to be appointed."
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 29 - Employment And Workforce - Department Of Employment And Workforce › Section 41-29-40. Unemployment Compensation and Employment Service Divisions; directors.

There are created under the department two coordinate divisions, the South Carolina State Employment Service Division, and a division to be known as the Unemployment Compensation Division. Each division must be administered by a full-time salaried director, who is subject to the supervision and direction of the department. The department may appoint, fix the compensation of, and prescribe the duties of the directors of these divisions. The director of each division shall be responsible to the department for the administration of his respective division and has the power and authority as vested in him by the department.
HISTORY: 1962 Code Section 68-54; 1952 Code Section 68-54; 1942 Code Section 7035-90; 1936 (39) 1716; 1941 (42) 369; 2010 Act No. 146, Section 33, eff March 30, 2010; 2010 Act No. 234, Section 6, eff January 1, 2011.
Editor's Note
2010 Act No. 146, Section 111, provides as follows:
"In making appointments and hiring decisions for positions pursuant to this act, the governing authority or individual tasked with making such appointment or hiring decision must consider race, gender, and other demographic factors to assure nondiscrimination, inclusion, and representation to the greatest extent possible of all segments of the population of this State; however, consideration of these factors in no way creates a cause of action or basis for an employee grievance for a person appointed or for a person who fails to be appointed."
Effect of Amendment
The first 2010 amendment substituted "department" for five occurrences of "commission"; and made other nonsubstantive changes.
The second 2010 amendment, in the first sentence, deleted reference to Section 41-5-10; and deleted the former fourth sentence relating to nonpartisan appointments.
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 29 - Employment And Workforce - Department Of Employment And Workforce › Section 41-29-50. Appointment of advisory councils.

The executive director may appoint local or industry advisory councils, composed in each case of equal numbers of employer representatives and employee representatives, who may fairly be regarded as representatives because of their vocation, employment or affiliations, and of members representing the general public as the executive director designates. Local councils shall aid the department in formulating a policy and discussing problems relating to the administration of Chapters 27 through 41 of this title, and in assuring impartiality and freedom from political influence in the solution of those problems. Members of local advisory councils must serve without compensation, must receive per diem, mileage, and subsistence as provided by law for members of boards, commissions, and committees.
HISTORY: 1962 Code Section 68-55; 1952 Code Section 68-55; 1942 Code Section 7035-91; 1936 (39) 1716; 1939 (41) 487; 1941 (42) 369; 2010 Act No. 146, Section 34, eff March 30, 2010.
Effect of Amendment
The 2010 amendment rewrote this section to authorize the executive director to appoint advisory councils; substituted "department" for "commission" following "councils shall aid the" in the second sentence; substituted "must receive per diem, mileage, and subsistence as provided by law for members of boards, commissions, and committees" for "shall be reimbursed for any necessary expenses"; and made other nonsubstantive changes throughout the section.
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 29 - Employment And Workforce - Department Of Employment And Workforce › Section 41-29-60. Repealed by 2010 Act No. 146, Section 123, eff March 30, 2010.

Editor's Note
Former Section 41-29-60 was entitled "Organization; procedure; seal" and was derived from 1962 Code Section 68-56; 1952 Code Section 68-56; 1942 Code Section 7035-91; 1936 (39) 1716; 1939 (41) 487; 1941 (42) 369.
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 29 - Employment And Workforce - Department Of Employment And Workforce › Section 41-29-70. Employment of personnel.

Subject to the provisions of Chapters 27 through 41 of this title, the department may employ or retain on a contract basis other accountants, attorneys, experts necessary to perform the department's duties.
HISTORY: 1962 Code Section 68-57; 1952 Code Section 68-57; 1942 Code Section 7035-91; 1936 (39) 1716; 1939 (41) 487; 1941 (42) 369; 2010 Act No. 146, Section 35, eff March 30, 2010.
Effect of Amendment
The 2010 amendment rewrote this section to authorize the department to employ or contract with personnel to perform the department's duties.
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 29 - Employment And Workforce - Department Of Employment And Workforce › Section 41-29-80. Classification of positions; salary schedules; personnel standards.

The department shall:
(1) classify all positions under Chapters 27 through 41 of this title except those exempted by the Federal Social Security Act or regulations of the Secretary of Labor or his successors; and
(2) establish salary schedules and minimum personnel standards. These standards must conform to the minimum standards prescribed under the provisions of Section 303(a)(1) of the Federal Social Security Act, as amended, and applicable state law and regulations.
HISTORY: 1962 Code Section 68-58; 1952 Code Section 68-58; 1942 Code Section 7035-91; 1936 (39) 1716; 1939 (41) 487; 1941 (42) 369; 1957 (50) 580; 2010 Act No. 146, Section 36, eff March 30, 2010.
Effect of Amendment
The 2010 amendment substituted "department" for "Commission"; added subsection designations (1) and (2); added ", and applicable state law and regulations" at the send of subsection (2); and made other nonsubstantive changes.
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 29 - Employment And Workforce - Department Of Employment And Workforce › Section 41-29-90, 41-29-100. Repealed by 2010 Act No. 146, Section 123, eff March 30, 2010.

Editor's Note
Former Section 41-29-90 was entitled "Regulations as to appointment, promotion and demotion of employees" and was derived from 1962 Code Section 68-59; 1952 Code Section 68-59; 1942 Code Section 7035-91; 1936 (39) 1716; 1939 (41) 487; 1941 (42) 369.
Former Section 41-29-100 was entitled "Delegation of authority; bonds" and was derived from 1962 Code Section 68-60; 1952 Code Section 68-60; 1942 Code Section 7035-91; 1936 (39) 1716; 1939 (41) 487; 1941 (42) 369.
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 29 - Employment And Workforce - Department Of Employment And Workforce › Section 41-29-110. Duties and powers of department.

The department must promulgate regulations necessary to carry out the provisions of Chapters 27 through 41 of this title, employ personnel, make expenditures, require reports not otherwise provided for in these chapters, conduct investigations or take other action as it considers necessary or suitable to administer its duties and exercise its powers pursuant to the title.
HISTORY: 1962 Code Section 68-61; 1952 Code Section 68-61; 1942 Code Section 7035-91; 1936 (39) 1716; 1939 (41) 487; 1941 (42) 369; 2010 Act No. 146, Section 37, eff March 30, 2010.
Effect of Amendment
The 2010 amendment rewrote this section to set out the duties and powers of the department.
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 29 - Employment And Workforce - Department Of Employment And Workforce › Section 41-29-130. Repealed by 2010 Act No. 146, Section 123, eff March 30, 2010.

Editor's Note
Former Section 41-29-130 was entitled "Rules and regulations" and was derived from 1962 Code Section 68-63; 1952 Code Section 68-63; 1942 Code Section 7035-91; 1936 (39) 1716; 1939 (41) 487; 1941 (42) 369.
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 29 - Employment And Workforce - Department Of Employment And Workforce › Section 41-29-140. Reciprocal agreements.

The department may enter an arrangement with the appropriate agency of another state or of the federal government with respect to the combination of wages:
(1) An agreement with the federal government where wages or services, upon the basis of which an individual may become entitled to benefits under an unemployment compensation law of the federal government, are considered wages for employment by an employer for the purpose of Sections 41-35-10 to 41-35-100 if the agency of the federal government agrees to reimburse the fund for the portion of benefits paid under Chapters 27 through 41 of this title on the basis of these wages or services as the department finds will be fair and reasonable and the department will reimburse the agency of the federal government with a reasonable portion of benefits paid under law of the federal government on the basis of employment or wages for employment by employers the department finds will be fair and reasonable to all affected interests.
(2) The department shall participate in an arrangement for the payment of compensation on the basis of combining an individual's wages and employment covered under Chapters 27 through 41 of this title with his wages and employment covered under the unemployment compensation law of another state approved by the United States Secretary of Labor in consultation with the state unemployment compensation agencies as reasonably calculated to assure the prompt and full payment of compensation in those situations and that includes provisions for:
(a) applying the base period of a single state law to a claim involving the combining of an individual's wages and employment covered under two or more state unemployment compensation laws; and
(b) avoiding the duplicate use of wages and employment by reason of this combining.
(3) This reimbursement is considered a benefit for the purpose of Section 41-35-50 and Article 1, Chapter 33 of this title. The department may make to another state or federal agency and receive from another state or federal agency reimbursement from or to the fund in accordance with and made pursuant to this section.
HISTORY: 1962 Code Section 68-64; 1952 Code Section 68-64; 1942 Code Section 7035-91; 1936 (39) 1716; 1939 (41) 487; 1941 (42) 369; 1957 (50) 580; 1971 (57) 950; 1973 (58) 248; 2010 Act No. 146, Section 39, eff March 30, 2010.
Effect of Amendment
The 2010 amendment substituted "department" for "Commission" throughout this section; and made other nonsubstantive changes.
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 29 - Employment And Workforce - Department Of Employment And Workforce › Section 41-29-150. Records; inspection and copying; confidentiality; violation; penalties.

An employing unit must keep true and accurate work records containing information the department prescribes. These records must be open to inspection and subject to being copied by the department or its authorized representative at a reasonable time and as often as necessary. The department and the chairman of an appeal tribunal may require from an employing unit a sworn or unsworn report with respect to persons employed by it that he or it considers necessary for the effective administration of Chapters 27 through 41 of this title. Information obtained in this manner or from an individual pursuant to the administration of these chapters, except to the extent necessary for the proper administration of such chapters, shall be held confidential and may not be published or be open to public inspection, other than to the public employees in the performance of their public duties, in any manner revealing the individual's or employing unit's identity. However, a claimant or his legal representative at a hearing before an appeal tribunal must be supplied information from these records to the extent necessary for the proper presentation of his claim. An employee or member of the department who violates a provision of this section must be fined not less than twenty dollars or more than five hundred dollars, imprisoned for not longer than ninety days, or both.
HISTORY: 1962 Code Section 68-65; 1952 Code Section 68-65; 1942 Code Section 7035-91; 1936 (39) 1716; 1939 (41) 487; 1941 (42) 369; 2010 Act No. 146, Section 40, eff March 30, 2010; 2011 Act No. 3, Section 4, eff March 14, 2011.
Effect of Amendment
The 2010 amendment substituted "department" for "Commission" throughout this section; and made other nonsubstantive changes.
The 2011 amendment substituted "five hundred dollars" for "two hundred dollars" in the last sentence.
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 29 - Employment And Workforce - Department Of Employment And Workforce › Section 41-29-160. Information generally confidential.

Except as otherwise provided in Chapters 27 through 41 of this Title information obtained from any employing unit or individual pursuant to the administration of such chapters and determinations as to the benefit rights of any individual shall be held confidential and shall not be disclosed or be open to public inspection in any manner revealing the individual's or employing unit's identity.
HISTORY: 1962 Code Section 68-66; 1952 Code Section 68-66; 1942 Code Section 7035-91; 1936 (39) 1716; 1939 (41) 487; 1941 (42) 369.
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 29 - Employment And Workforce - Department Of Employment And Workforce › Section 41-29-180. Reports to be kept to minimum.

The department shall endeavor, both for the relief of the clerical work of employers and its own office, to confine reporting to the minimum necessary for the proper administration of the law, and, except for necessary separation, low earnings, special reports or notices, or wage and employment reports required pursuant to Section 41-29-140.
HISTORY: 1962 Code Section 68-68; 1952 Code Section 68-68; 1942 Code Section 7035-91; 1936 (39) 1716; 1939 (41) 487; 1941 (42) 369; 1972 (57) 2309; 2010 Act No. 146, Section 42, eff March 30, 2010; 2011 Act No. 3, Section 6, eff March 14, 2011.
Effect of Amendment
The 2010 amendment substituted "department" for "Commission"; and made one other nonsubstantive change.
The 2011 amendment deleted ", it shall not require reports as to the earnings of individual employees more frequently than quarterly" from the end.
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 29 - Employment And Workforce - Department Of Employment And Workforce › Section 41-29-190. Witnesses, oaths, certifications, and production of books and the like.

In the discharge of the duties imposed by Chapters 27 through 41 of this title, the department or a duly authorized representative of it may administer an oath and affirmation, take a deposition, certify to an official act and issue a subpoena to compel the attendance of a witness and the production of books, papers, correspondence, memoranda and other records considered necessary as evidence in connection with a disputed claim or the administration of Chapters 27 through 41 of this title.
HISTORY: 1962 Code Section 68-69; 1952 Code Section 68-69; 1942 Code Section 7035-91; 1936 (39) 1716; 1939 (41) 487; 1941 (42) 369; 1966 (54) 2640; 2010 Act No. 146, Section 43, eff March 30, 2010.
Effect of Amendment
The 2010 amendment substituted "department" for "Commission"; and made other nonsubstantive changes.
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 29 - Employment And Workforce - Department Of Employment And Workforce › Section 41-29-200. Self-incriminating testimony.

A person must not be excused from attending and testifying or from producing books, papers, correspondence, memoranda, or other records before the department, an appeal tribunal, or their duly authorized representative or in obedience to the subpoena of them in a cause or proceeding before the department or an appeal tribunal on the ground that the testimony or evidence, documentary or otherwise, required of him may tend to incriminate him or subject him to a penalty or forfeiture. An individual must not be prosecuted or subjected to a penalty or forfeiture for or on account of a transaction, matter, or thing concerning which he is compelled, after having claimed his privilege against self incrimination, to testify or produce evidence, documentary or otherwise, except that the individual testifying must not be exempt from prosecution and punishment for perjury committed in testifying.
HISTORY: 1962 Code Section 68-70; 1952 Code Section 68-70; 1942 Code Section 7035-91; 1936 (39) 1716; 1939 (41) 487; 1941 (42) 369; 1966 (54) 2640; 2010 Act No. 146, Section 44, 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 29 - Employment And Workforce - Department Of Employment And Workforce › Section 41-29-210. Penalties for contumacy or failure to obey subpoena.

(1) In case of contumacy by a person or refusal to obey a subpoena issued to a person, a court of this State or judge of this State within the jurisdiction of which the person guilty of contumacy or refusal to obey is found, resides, or transacts business, upon application by the department or a duly authorized representative may issue to him an order requiring him to appear before the department or a duly authorized representative of the department to produce evidence if ordered to do so or to give testimony touching the matter under investigation or in question. Failure to obey an order of the court may be punished as a contempt of the order.
(2) A person who, without just cause, fails or refuses to attend and testify; to answer a lawful inquiry; or to produce books, papers, correspondence, memoranda and other records, if it is in his power to do this in accordance with a subpoena of the department or a duly authorized representative, must be punished by a fine of not less than twenty nor more than two hundred dollars or by imprisonment for not more than thirty days. Each failure to obey a subpoena constitutes a separate offense.
HISTORY: 1962 Code Section 68-71; 1952 Code Section 68-71; 1942 Code Section 7035-91; 1936 (39) 1716; 1939 (41) 487; 1941 (42) 369; 1966 (54) 2640; 2010 Act No. 146, Section 45, eff March 30, 2010.
Effect of Amendment
The 2010 amendment substituted "department" for three occurrences of "Commission"; and made other nonsubstantive changes throughout this section.
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 29 - Employment And Workforce - Department Of Employment And Workforce › Section 41-29-220. Examination of returns or reports of national banks.

The department may request the Comptroller of the Currency of the United States to cause an examination of the correctness of a return or report of a national banking association rendered pursuant to the provisions of Chapters 27 through 41 of this title, and may in connection with this request transmit this report or return it to the Comptroller of the Currency of the United States as provided in Section 3305(c) of the federal Internal Revenue Code.
HISTORY: 1962 Code Section 68-72; 1952 Code Section 68-72; 1942 Code Section 7035-91; 1936 (39) 1716; 1939 (41) 487; 1941 (42) 369; 1957 (50) 580; 2010 Act No. 146, Section 46, eff March 30, 2010.
Effect of Amendment
The 2010 amendment substituted "department" for "Commission"; and made other nonsubstantive changes.
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 29 - Employment And Workforce - Department Of Employment And Workforce › Section 41-29-230. State and federal cooperation.

(1) In the administration of Chapters 27 through 41 of this title, the department must cooperate with the United States Secretary of Labor to the fullest extent consistent with the provisions of these chapters, and act, through the promulgation of appropriate rules, regulations, administrative methods and standards, as necessary to secure to this State and its citizens all advantages available under the provisions of the Social Security Act that relate to unemployment compensation, the Federal Unemployment Tax Act, the Wagner-Peyser Act, and the Federal-State Extended Unemployment Compensation Act of 1970.
(2) In the administration of the provisions in Article 3 Chapter 35, of this title, which are enacted to conform with the requirements of the Federal-State Extended Unemployment Compensation Act of 1970, the department must act as necessary to:
(a) ensure that the provisions are interpreted and applied to meet the requirements of the federal act as interpreted by the United States Secretary of Labor; and
(b) secure to this State the full reimbursement of the federal share of extended benefits paid pursuant to this title that are reimbursable under the federal act.
HISTORY: 1962 Code Section 68-73; 1952 Code Section 68-73; 1942 Code Section 7035-91; 1936 (39) 1716; 1939 (41) 487; 1941 (42) 369; 1957 (50) 580; 1971 (57) 950; 2010 Act No. 146, Section 47, eff March 30, 2010.
Effect of Amendment
The 2010 amendment substituted "department" for "Commission"; and made other nonsubstantive changes throughout this section.
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 29 - Employment And Workforce - Department Of Employment And Workforce › Section 41-29-240. Cooperation with Railroad Retirement Board and other federal agencies.

The department may make the state's record relating to the administration of Chapters 27 through 41 of this title available to the Railroad Retirement Board and may furnish the Railroad Retirement Board, at the board's expense, copies of this record as the Railroad Retirement Board considers necessary for its purposes. The department may afford reasonable cooperation with an agency of the United States charged with the administration of an unemployment insurance law.
HISTORY: 1962 Code Section 68-74; 1952 Code Section 68-74; 1942 Code Section 7035-91; 1936 (39) 1716; 1939 (41) 487; 1941 (42) 369; 2010 Act No. 146, Section 48, eff March 30, 2010.
Effect of Amendment
The 2010 amendment substituted "department" for two occurrences of "Commission"; and made other nonsubstantive changes.