reglab/statecodes huggingface dataset:
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 3 - Department And Director Of Labor, Licensing, And Regulation › Section 41-3-610. Commissioner of Labor to mean Director of Department of Labor, Licensing and Regulation; Department of Labor to mean Division of Labor; division to mean subdivision; contested matters appealable to administrative law judge.

Wherever in any other chapter of Title 41 the term Commissioner of Labor appears or is used, it is considered to mean the Director of the Department of Labor, Licensing and Regulation or his designee. Wherever in any other chapter of Title 41 the term Department of Labor appears or is used, it is considered to mean the Division of Labor, that is, a division of the Department of Labor, Licensing and Regulation. Wherever in any other chapter of Title 41 the term division appears or is used with reference to a division of the former Department of Labor, it is considered to mean a subdivision of the Division of Labor. Any contested case or matter heard or decided by the former Commissioner of Labor, his designee, or any other employee of the former Department of Labor may be appealed to an administrative law judge as provided under Article 5 of Chapter 23 of Title 1.
HISTORY: 1993 Act No. 181, Section 977, eff February 1, 1994; 1994 Act No. 358, Section 1, eff May 3, 1994.
Effect of Amendment
The 1994 amendment provided that any contested matter heard by the former commissioner of labor may be appealed to an administrative law judge rather than the OSHA Review Board.
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 5 - Employment First Initiative Act › Section 41-5-120. Definitions.

As used in this chapter:
(1) "Competitive integrated employment" means work in the competitive labor market that is:
(a) performed on a full-time or part-time basis in an integrated setting; and
(b) for which an individual is compensated at or above the minimum wage, but not less than the customary wage and level of benefits paid by the employer for the same or similar work performed by individuals without disabilities.
(2) "Integrated setting" means, with respect to an employment outcome, a setting typically found in the community in which employed individuals with disabilities interact with individuals without disabilities, other than individuals who are providing services to employees with disabilities, to the same extent that individuals without disabilities in comparable positions interact with other people.
HISTORY: 2022 Act No. 209 (S.533), Section 4.A, eff May 23, 2022.
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 5 - Employment First Initiative Act › Section 41-5-130. Policies encouraging competitive integrated employment for individuals with disabilities.

All state agencies and political subdivisions of this State are encouraged to consider adopting a policy that encourages competitive integrated employment for individuals with disabilities.
HISTORY: 2022 Act No. 209 (S.533), Section 4.A, eff May 23, 2022.
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 5 - Employment First Initiative Act › Section 41-5-140. Coordination of efforts to support competitive and integrated employment of individuals with disabilities; sharing data; rules and regulations.

All state agencies are encouraged to:
(1) coordinate efforts and collaborate within and among themselves to ensure that state programs, policies, procedures, and funding support the competitive and integrated employment of individuals with disabilities;
(2) share data and information across systems in order to track progress toward full implementation of this chapter, whenever feasible, and in accordance with all applicable state and federal confidentiality laws; and
(3) adopt rules and promulgate regulations to implement the provisions of this chapter.
HISTORY: 2022 Act No. 209 (S.533), Section 4.A, eff May 23, 2022.
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 5 - Employment First Initiative Act › Section 41-5-150. South Carolina Employment First Oversight Commission.

(A) There is hereby established the "South Carolina Employment First Oversight Commission" consisting of nine members appointed by the Governor, five of whom must have a disability or have substantial knowledge of disability issues, and four of whom must be from the business community.
(B) The Governor shall designate one member to convene and organize the first meeting of the commission. During this meeting, the commission shall elect a chairperson and a vice chairperson from among its members.
(C) All actions of the commission must be taken by a majority of the members of the commission present and voting.
(D) Members of the commission may not receive compensation, mileage, subsistence, or per diem for their service to the commission.
HISTORY: 2022 Act No. 209 (S.533), Section 4.A, eff May 23, 2022.
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 5 - Employment First Initiative Act › Section 41-5-160. Duties and obligations of commission.

Within six months after the first meeting required in Section 41-5-150(B), the commission shall establish evidence-based measurable goals and objectives to encourage implementation of this chapter. The commission shall track the measurable progress of state agencies in implementing this chapter. All state agencies are encouraged to assist the commission in carrying out its duties by fully cooperating with each other and the commission, and by providing data and information in accordance with all applicable state and federal confidentiality laws.
HISTORY: 2022 Act No. 209 (S.533), Section 4.A, eff May 23, 2022.
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 5 - Employment First Initiative Act › Section 41-5-170. Annual report.

The commission annually shall, before January first, issue a report to the Governor and members of the General Assembly which details progress toward the goals and objectives of the commission and progress toward the full implementation of this chapter. The report also shall identify barriers to achieving the outcomes and effective strategies and policies that can help realize the employment first initiative. All state agencies are encouraged to cooperate with the commission on the creation and dissemination of the annual report.
HISTORY: 2022 Act No. 209 (S.533), Section 4.A, eff May 23, 2022.
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 5 - Employment First Initiative Act › Section 41-5-180. Guidance and expertise of stakeholders.

The commission may seek the guidance and expertise of all stakeholders, including individuals with disabilities, organizations that advocate on behalf of individuals with disabilities, providers of services to individuals with disabilities, local government, and business associations.
HISTORY: 2022 Act No. 209 (S.533), Section 4.A, eff May 23, 2022.
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 6 - Subminimum Wages › Section 41-6-10. Employers; community rehabilitation programs; hospital patient care workers at regional centers.

Employers, community rehabilitation programs, and hospital patient care workers at regional centers shall not use Section 14(c) of the Fair Labor Standards Act of 1938 to pay disabled employees a subminimum wage. No individual with a disability may be paid less than the federal minimum wage.
HISTORY: 2022 Act No. 209 (S.533), Section 1, eff May 23, 2022.
Code Commissioner's Note
At the direction of the Code Commissioner, pursuant to the authority to codify permanent law, the provisions of Section 1 and Section 2 of 2022 Act No. 209 were codified as Section 41-6-10 and Section 41-6-20, respectively.
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 6 - Subminimum Wages › Section 41-6-20. Department of Disabilities and Special Needs; report.

Beginning on January 1, 2023, and annually thereafter, the Department of Disabilities and Special Needs shall submit a report to the General Assembly concerning the payment of a subminimum wage in South Carolina. The report shall:
(1) identify all providers in this State that maintain a Section 14(c) certificate;
(2) identify which of those providers pay a subminimum wage;
(3) identify which of those providers used to pay a subminimum wage but have stopped that practice;
(4) identify which of those providers that stopped paying a subminimum wage did so due to an increase in the federal minimum wage; and
(5) provide data regarding the success in obtaining minimum wage employment of individuals with severe intellectual disabilities as compared to individuals with mild or moderate intellectual disabilities.
HISTORY: 2022 Act No. 209 (S.533), Section 2, eff May 23, 2022.
Code Commissioner's Note
At the direction of the Code Commissioner, pursuant to the authority to codify permanent law, the provisions of Section 1 and Section 2 of 2022 Act No. 209 were codified as Section 41-6-10 and Section 41-6-20, respectively.
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 7 - Right To Work › Section 41-7-10. Denial of right to work for membership or nonmembership in labor organization declared to be against public policy.

It is hereby declared to be the public policy of this State that the right of persons to work must not be denied or abridged because of membership or nonmembership in a labor union or labor organization.
HISTORY: 1962 Code Section 40-46; 1954 (48) 1692; 2012 Act No. 197, Section 1, eff June 7, 2012.
Effect of Amendment
The 2012 amendment made nonsubstantive changes.
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 7 - Right To Work › Section 41-7-20. Agreement between employer and labor organization denying nonmembers right to work or requiring union membership.

Any agreement or combination between any employer and any labor organization whereby persons not members of such labor organizations shall be denied the right to work for such employer or whereby such membership is made a condition of employment, or of continuance of employment by such employer, or whereby any such union or organization acquires an employment monopoly in any enterprise, is hereby declared to be against public policy, unlawful and an illegal combination or conspiracy.
HISTORY: 1962 Code Section 40-46.1; 1954 (48) 1692.
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 7 - Right To Work › Section 41-7-30. Labor organization membership as condition of employment.

(A) It is unlawful for an employer to require an employee, as a condition of employment, or of continuance of employment to:
(1) be or become or remain a member or affiliate of a labor organization or agency;
(2) abstain or refrain from membership in a labor organization; or
(3) pay any fees, dues, assessments, or other charges or sums of money to a person or organization.
(B) It is unlawful for a person or a labor organization to directly or indirectly participate in an agreement, arrangement, or practice that has the effect of requiring, as a condition of employment, that an employee be, become, or remain a member of a labor organization or pay to a labor organization any dues, fees, or any other charges; such an agreement is unenforceable.
(C) It is unlawful for a person or a labor organization to induce, cause, or encourage an employer to violate a provision of this section.
HISTORY: 1962 Code Section 40-46.2; 1954 (48) 1692; 2002 Act No. 357, Section 3, eff July 26, 2002.
Effect of Amendment
The 2002 amendment rewrote this section.
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 7 - Right To Work › Section 41-7-40. Deduction of labor organization membership dues from wages.

Nothing in this chapter precludes an employer from deducting from the wages of the employees and paying over to a labor organization, or its authorized representative, membership dues in a labor organization; however, the employer must have received from each employee, on whose account the deductions are made, a written assignment which must not be irrevocable for a period of more than one year or until the termination date of any applicable collective agreement or assignment, whichever occurs sooner. After one year, the employee has the absolute right to revoke the written assignment allowing for deduction of membership dues in a labor union.
HISTORY: 1962 Code Section 40-46.3; 1954 (48) 1692; 2002 Act No. 357, Section 4, eff July 26, 2002.
Effect of Amendment
The 2002 amendment substituted "precludes an" for "shall preclude any", "a labor organization" for "any labor organization", "however," for "provided, that", "must have" for "has", "the deductions" for "such deductions", "must" for "shall", and "until" for "beyond"; and added the last sentence.
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 7 - Right To Work › Section 41-7-50. Labor organization contract violating right to work provisions.

It shall be unlawful for any labor organization to enter into or seek to effect any agreement, contract or arrangement with any employer declared to be unlawful by Sections 41-7-20 or 41-7-30.
HISTORY: 1962 Code Section 40-46.4; 1954 (48) 1692.
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 7 - Right To Work › Section 41-7-60. Applicability of right to work provisions.

The provisions of Sections 41-7-20 to 41-7-40 shall not apply to any contract, otherwise lawful, in force and effect on March 19, 1954, but they shall apply to all contracts thereafter concluded and to any renewal or extension of existing contracts.
HISTORY: 1962 Code Section 40-46.5; 1954 (48) 1692.
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 7 - Right To Work › Section 41-7-70. Interference with right to work, compelling labor organization membership and picketing made unlawful.

It shall be unlawful for any person, acting alone or in concert with one or more persons:
(1) By force, intimidation, violence or threats thereof, or violent or insulting language, directed against the person or property, or any member of the family of any person (a) to interfere, or attempt to interfere, with such person in the exercise of his right to work, to pursue or engage in, any lawful vocation or business activity, to enter or leave any place of his employment, or to receive, ship or deliver materials, goods or services not prohibited by law or (b) to compel or attempt to compel any person to join, or support, or refrain from joining or supporting any labor organization; or
(2) To engage in picketing by force or violence or in such number or manner as to obstruct or interfere, or constitute a threat to obstruct or interfere, with (a) free ingress to, and egress from, any place of employment or (b) free use of roads, streets, highways, sidewalks, railways or other public ways of travel, transportation or conveyance.
Nothing in this section shall be construed so as to prohibit peaceful picketing permissible under the National Labor-Management Relations Act of 1947 and the Constitution of the United States.
HISTORY: 1962 Code Section 40-46.6; 1954 (48) 1692.
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 7 - Right To Work › Section 41-7-75. Director to ensure chapter compliance; remedies.

(A) The Director of the South Carolina Department of Labor, Licensing and Regulation or his designee shall ensure compliance with this chapter and shall cooperate with an employee in the investigation and enforcement of a meritorious claim against an employer. Hearings may be held to satisfy the director as to the justice of any claim.
(B) Upon the filing of a complaint with the department, the director or his designee may enter a place of employment for the purpose of evaluating compliance with this chapter. Any effort of a person or entity to obstruct the director or his designee in the performance of duties under this chapter is a violation of this chapter and punishable accordingly.
(C) After a complaint has been filed, if the director or his designee is denied admission to a place of employment, a warrant may be obtained pursuant to Section 41-15-260.
HISTORY: 2002 Act No. 357, Section 1, eff July 26, 2002.
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 7 - Right To Work › Section 41-7-80. Penalties.

An employer, labor organization, or other person who violates a provision of this chapter is guilty of a misdemeanor, and, upon conviction, must be punished by imprisonment for not less than ten days nor more than thirty days, a fine of not less than one thousand dollars but not more than ten thousand dollars, or both.
HISTORY: 1962 Code Section 40-46.7; 1954 (48) 1692; 2012 Act No. 197, Section 2, eff June 7, 2012.
Effect of Amendment
The 2012 amendment rewrote this section.
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 7 - Right To Work › Section 41-7-90. Remedy for violation of rights; relief which court may grant.

(A) A person whose rights are adversely affected by contract, agreement, assemblage, or other act or thing done or threatened to be done and declared to be unlawful or prohibited by this chapter may apply to a court having general equity jurisdiction for appropriate relief. The court may grant and issue a restraining and other appropriate orders including an injunction restraining and enjoining the performance, continuance, maintenance, or commission of any such contract, agreement, assemblage, act or thing, and may determine and award, as justice may require, actual damages, costs, and attorneys' fees sustained or incurred by a party to the action, and, in the discretion of the court or jury, treble damages and punitive damages in addition to the actual damages. The provisions of this section are cumulative and are in addition to all other remedies provided by law.
(B) Contemporaneously with the filing of an action in court, a person applying for relief pursuant to this section must file, with the director or his designee, a copy of the court pleadings, or an affidavit with the director stating the legal and factual basis for each claim and application for relief based on the available evidence at the time of the filing of the affidavit.
(C) The contemporaneous filing requirement of subsection (B) does not apply to a case in which the period of limitation may expire, or there is a good faith basis to believe it may expire on a claim stated in the complaint within ten days of the date of filing and, because of the time constraints, the plaintiff asserts that an affidavit could not be prepared, or a copy of the pleadings could not be provided. In such a case, the plaintiff has forty-five days after the filing of the court action to file a copy of the pleadings or an affidavit with the director.
HISTORY: 1962 Code Section 40-46.8; 1954 (48) 1692; 2012 Act No. 197, Section 3, eff June 7, 2012.
Editor's Note
2012 Act No. 197, Section 8, provides as follows:
"This act takes effect upon approval by the Governor, and the provisions of Section 41-7-90, as amended, shall apply to any actions filed with a court after the effective date."
Effect of Amendment
The 2012 amendment rewrote the section.
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 7 - Right To Work › Section 41-7-100. Civil penalties; review and appeals.

(A) An employer, labor organization, or other person who violates the provisions of this chapter may be assessed by the Director of the Department of Labor, Licensing and Regulation a civil penalty of not more than ten thousand dollars for each offense.
(B) The director shall promulgate regulations establishing procedures for administrative review of civil penalties assessed under this chapter.
(C) An employer, labor organization, or other person aggrieved by a final action of the department may appeal the decision to the Administrative Law Court in accordance with the Administrative Procedures Act and the rules of the Administrative Law Court. Service of a petition requesting a review does not stay the department's decision pending completion of the appellate process.
HISTORY: 2002 Act No. 357, Section 2, eff July 26, 2002; 2012 Act No. 197, Section 4, eff June 7, 2012.
Effect of Amendment
The 2012 amendment substituted "An employer, labor organization, or other person" for "A person" in subsections (A) and (C); substituted "ten thousand" for "one hundred" in subsection (A); and substituted "Court" for "Judge Division" throughout subsection (C).
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 7 - Right To Work › Section 41-7-110. Right to work notice posting by employer permitted; requirements of posting.

An employer, or a single employee of that employer with the permission of the employer, may post in a conspicuous place a notice containing the provisions of Sections 41-7-10, 41-7-20, 41-7-30, 41-7-40, 41-7-70, and 41-7-90 printed in at least fourteen point font. This notice must bear a title reading "Your Rights as a Worker in South Carolina" in at least forty-eight point font. The director or his designee shall furnish the printed form of this notice upon request or make it available electronically on the department's website.
HISTORY: 2012 Act No. 197, Section 5, eff June 7, 2012.
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 7 - Right To Work › Section 41-7-130. Contemporaneous filings by labor organizations of documents required to be filed with Secretary of Labor.

A labor organization with members that work in South Carolina shall file with the department contemporaneously copies of the documents required to be filed with the Secretary of Labor, pursuant to 29 U.S.C. Sections 401, et seq. as amended.
HISTORY: 2012 Act No. 197, Section 6, eff June 7, 2012.
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 8 - Illegal Aliens And Private Employment › Section 41-8-10. Definitions.

As used in this chapter:
(A) "Agency" means any agency, department, board, commission, or political subdivision of this State that issues licenses for the purposes of operating a business in this State.
(B) "Director" means the Director of the Department of Labor, Licensing and Regulation or the director's designee.
(C) "License" means an agency permit, certificate, approval, registration, charter, or similar form of authorization that is required by law and that is issued by any agency or political subdivision of this State for the purpose of operating a business in this State, excluding professional licenses, but including employment licenses, articles of organization, articles of incorporation, a certificate of partnership, a partnership registration, a certificate to transact business, or similar forms of authorization issued by the South Carolina Secretary of State, and any transaction privilege tax license.
(D) "Political subdivision" includes counties, cities, towns, villages, townships, districts, authorities, and other public corporations and entities whether organized and existing under charter or general law.
(E) "Private employer" means any:
(1) person or entity that transacts business in this State, is required to have a license issued by an agency, department, board, commission, or political subdivision of this State that issues licenses for the purposes of operating a business in this State, and employs one or more employees in this State, as defined in Section 12-8-10;
(2) person or entity carrying on any employment and the legal representative of a deceased person or the receiver or trustee of any person; or
(3) person or entity for whom an individual performs a service or sells a good, of whatever nature, as an employee, as defined in Section 12-8-10.
(F) "Unauthorized alien" means an unauthorized alien as defined by 8 U.S.C. Section 1324a(h)(3).
HISTORY: 2008 Act No. 280, Section 19, eff June 4, 2008; 2011 Act No. 69, Section 8, eff January 1, 2012.
Effect of Amendment
The 2011 amendment rewrote the definitions for "Agency", "Director", "License", and "Private employer"; and added the definition for "Unauthorized alien".
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 8 - Illegal Aliens And Private Employment › Section 41-8-20. South Carolina employment licenses; federal work authorization program; requirements for verification of new employees; assistance to employers; contractors and subcontractors.

(A) All private employers in South Carolina shall be imputed a South Carolina employment license, which permits a private employer to employ a person in this State. A private employer may not employ a person unless the private employer's South Carolina employment license and any other applicable licenses as defined in Section 41-8-10 are in effect and are not suspended or revoked. A private employer's employment license shall remain in effect provided the private employer complies with the provisions of this chapter.
(B) All private employers who are required by federal law to complete and maintain federal employment eligibility verification forms or documents must register and participate in the E-Verify federal work authorization program, or its successor, to verify the work authorization of every new employee within three business days after employing a new employee. A private employer who does not comply with the requirements of this subsection violates the private employer's licenses.
(C) The South Carolina Department of Employment and Workforce shall provide private employers with technical advice and electronic access to the E-Verify federal work authorization program's website for the sole purpose of registering and participating in the program.
(D) Private employers shall employ provisionally a new employee until the new employee's work authorization has been verified pursuant to this section. A private employer shall submit a new employee's name and information for verification even if the new employee's employment is terminated less than three business days after becoming employed. If a new employee's work authorization is not verified by the federal work authorization program, a private employer must not employ, continue to employ, or reemploy the new employee.
(E) To assist private employers in understanding the requirements of this chapter, the director shall send written notice of the requirements of this section to all South Carolina employers, and shall publish the information contained in the notice on its website. Nothing in this section shall create a legal requirement that any private employer receive actual notice of the requirements of this chapter through written notice from the director, nor create any legal defense for failure to receive notice.
(F) If a private employer is a contractor, the private employer shall maintain the contact phone numbers of all subcontractors and sub-subcontractors performing services for the private employer. The private employer shall provide the contact phone numbers or a contact phone number, as applicable, to the director pursuant to an audit or investigation within seventy-two hours of the director's request.
HISTORY: 2008 Act No. 280, Section 19, eff June 4, 2008; 2011 Act No. 69, Section 9, eff January 1, 2012.
Effect of Amendment
The 2011 amendment rewrote the section.
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 8 - Illegal Aliens And Private Employment › Section 41-8-30. Employment of unauthorized alien.

A private employer who knowingly or intentionally employs an unauthorized alien violates the private employer's licenses.
HISTORY: 2008 Act No. 280, Section 19, eff June 4, 2008; 2011 Act No. 69, Section 10, eff January 1, 2012.
Effect of Amendment
The 2011 amendment substituted "who knowingly or intentionally employs an unauthorized alien violates the private employer's licenses" for "shall not knowingly or intentionally employ an unauthorized alien".
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 8 - Illegal Aliens And Private Employment › Section 41-8-40. Presumption of compliance.

For purposes of this chapter, a private employer who in good faith verifies the immigration status of a new employee pursuant to Section 41-8-20 must be presumed to have complied with the provisions of Section 41-8-20 and Section 41-8-30.
HISTORY: 2008 Act No. 280, Section 19, eff June 4, 2008; 2011 Act No. 69, Section 11, eff January 1, 2012.
Effect of Amendment
The 2011 amendment substituted "Section 41-8-20 must" for "subsection (B)(1) of Section 41-8-20 shall".
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 8 - Illegal Aliens And Private Employment › Section 41-8-60. Review of disciplinary action.

A private employer may seek review of the director's disciplinary action pursuant to Section 41-8-50 with the Administrative Law Court, and the action must be brought in accordance with the provisions of Chapter 23, Title 1.
HISTORY: 2008 Act No. 280, Section 19, eff June 4, 2008; 2011 Act No. 69, Section 13, eff January 1, 2012.
Effect of Amendment
The 2011 amendment rewrote the section.
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 8 - Illegal Aliens And Private Employment › Section 41-8-70. Filing false or fraudulent documents; penalty.

In addition to other penalties provided for by law, a person who knowingly makes or files any false, fictitious, or fraudulent document, statement, or report pursuant to this chapter is guilty of a felony and, upon conviction, must be fined within the discretion of the court or imprisoned for not more than five years, or both.
HISTORY: 2008 Act No. 280, Section 19, eff June 4, 2008.
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 8 - Illegal Aliens And Private Employment › Section 41-8-80. Local ordinances limiting enforcement of chapter.

A local government must not enact an ordinance or policy that limits or prohibits a law enforcement officer, local official, or local government employee from seeking to enforce the provisions of this chapter.
HISTORY: 2008 Act No. 280, Section 19, eff June 4, 2008.
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 8 - Illegal Aliens And Private Employment › Section 41-8-100. Compliance with federal immigration requirements.

Nothing in this chapter shall be construed to abrogate a private employer's obligation to comply with federal immigration law, including the proper completing and maintaining of federal employment eligibility verification forms or documents.
HISTORY: 2008 Act No. 280, Section 19, eff June 4, 2008.
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 8 - Illegal Aliens And Private Employment › Section 41-8-110. Exemption from civil action for wrongful termination.

A private employer who terminates an employee to comply with the provisions of this chapter shall not be subject to a civil action for wrongful termination of the employee under Section 41-1-30 or as otherwise provided for by law.
HISTORY: 2008 Act No. 280, Section 19, eff June 4, 2008.
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 8 - Illegal Aliens And Private Employment › Section 41-8-120. Promulgation of regulations; statewide random auditing program.

(A) The director shall promulgate regulations in accordance with the provisions of Chapter 23, Title 1 to establish a procedure for administrative review of any disciplinary action against a private employer pursuant to this chapter.
(B) The director shall develop a statewide random auditing program to inspect private employers for compliance with the provisions of this chapter, and shall promulgate regulations in accordance with the provisions of Chapter 23 of Title 1 of the South Carolina Code of Laws governing the implementation of the audit program.
HISTORY: 2008 Act No. 280, Section 19, eff June 4, 2008; 2011 Act No. 69, Section 14, eff January 1, 2012.
Effect of Amendment
The 2011 amendment, in subsection (A), substituted "disciplinary action against a private employer" for "revocation, civil penalty, or other disciplinary action assessed against a private employer or his South Carolina employment license".
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 8 - Illegal Aliens And Private Employment › Section 41-8-130. Right of entry and inspection by inspectors.

The director, his inspectors, agents, or designees, upon proper presentation of credentials to the owner, manager, or agent of the employer, may enter at reasonable times and have the right to question either publicly or privately any employer, owner, manager, or agent and the employees of the private employer and inspect, investigate, reproduce, or photograph original business records relevant to determining compliance with the provisions of this chapter.
HISTORY: 2008 Act No. 280, Section 19, eff June 4, 2008.
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 8 - Illegal Aliens And Private Employment › Section 41-8-140. Retention and use of funds collected.

All amounts collected pursuant to this chapter shall be retained by the director and must be used to fund the costs of implementing and enforcing the provisions of this chapter.
HISTORY: 2008 Act No. 280, Section 19, eff June 4, 2008.
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 10 - Payment Of Wages › Section 41-10-10. Definitions.

As used in this chapter:
(1) "Employer" means every person, firm, partnership, association, corporation, receiver, or other officer of a court of this State, the State or any political subdivision thereof, and any agent or officer of the above classes employing any person in this State.
(2) "Wages" means all amounts at which labor rendered is recompensed, whether the amount is fixed or ascertained on a time, task, piece, or commission basis, or other method of calculating the amount and includes vacation, holiday, and sick leave payments which are due to an employee under any employer policy or employment contract. Funds placed in pension plans or profit sharing plans are not wages subject to this chapter.
HISTORY: 1986 Act No. 380, Section 1, eff April 21, 1986; 1990 Act No. 463, Section 1, eff May 7, 1990.
Effect of Amendment
The 1990 amendment deleted in subsection (2) "and severance" following "sick leave".
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 10 - Payment Of Wages › Section 41-10-20. Applicability of chapter.

This chapter applies to all employers in South Carolina except that Section 41-10-30 does not apply to:
(1) employers of domestic labor in private homes.
(2) employers employing fewer than five employees at all times during the preceding twelve months.
HISTORY: 1986 Act No. 380, Section 1, eff April 21, 1986.
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 10 - Payment Of Wages › Section 41-10-30. Notification to employees of wages and hours agreed upon; recordkeeping requirements; requirement of itemized statement of gross pay and deductions for each pay period.

(A) Every employer shall notify each employee in writing at the time of hiring of the normal hours and wages agreed upon, the time and place of payment, and the deductions which will be made from the wages, including payments to insurance programs. The employer has the option of giving written notification by posting the terms conspicuously at or near the place of work. Any changes in these terms must be made in writing at least seven calendar days before they become effective. This section does not apply to wage increases.
(B) Every employer shall keep records of names and addresses of all employees and of wages paid each payday and deductions made for three years.
(C) Every employer shall furnish each employee with an itemized statement showing his gross pay and the deductions made from his wages for each pay period.
HISTORY: 1986 Act No. 380, Section 1, eff April 21, 1986; 1990 Act No. 463, Section 2, eff May 7, 1990.
Effect of Amendment
The 1990 amendment, in subsection (A), added "normal" before "hours and wages", and added at the end "This section does not apply to wage increases.", and added "for three years" at the end of subsection (B).
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 10 - Payment Of Wages › Section 41-10-40. Medium of payment; deposit of wages to employee's credit; prohibition against deductions in absence of written notice; time and place of payment.

(A) Every employer in the State shall pay all wages due in lawful United States money or by negotiable warrant or check bearing even date with the payday.
(B) An employer may deposit all wages due to the employee's credit at a financial institution which is doing business in the State and is insured by an agency of the federal government. When an employee's wages are paid by deposit at a financial institution, he must be furnished a statement of earnings and withholdings. Any wage deposit plan adopted by an employer shall entitle each employee to at least one withdrawal for each deposit, free of any service charge.
(C) An employer shall not withhold or divert any portion of an employee's wages unless the employer is required or permitted to do so by state or federal law or the employer has given written notification to the employee of the amount and terms of the deductions as required by subsection (A) of Section 41-10-30.
(D) Every employer in the State shall pay all wages due at the time and place designated as required by subsection (A) of Section 41-10-30.
HISTORY: 1986 Act No. 380, Section 1, eff April 21, 1986.
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 10 - Payment Of Wages › Section 41-10-50. Payment of wages due discharged employees.

When an employer separates an employee from the payroll for any reason, the employer shall pay all wages due to the employee within forty-eight hours of the time of separation or the next regular payday which may not exceed thirty days.
HISTORY: 1986 Act No. 380, Section 1, eff April 21, 1986; 1990 Act No. 463, Section 3, eff May 7, 1990.
Effect of Amendment
The 1990 amendment substituted "When" for "Whenever" and deleted at the end "after written notice is given".
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 10 - Payment Of Wages › Section 41-10-60. Unconditional payment of wages conceded due.

In case of a dispute over wages, the employer shall give written notice to the employee of the amount of wages which he concedes to be due and shall pay the amount without condition within the time set by this chapter. Acceptance by the employee of the payment does not constitute a release as to the balance of his claim.
HISTORY: 1986 Act No. 380, Section 1, eff April 21, 1986.
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 10 - Payment Of Wages › Section 41-10-70. Investigation of alleged violations; resolution of disputes.

Upon written complaint of any employee alleging a violation of this chapter, the Director of the Department of Labor, Licensing and Regulation or his designee may institute an investigation of the alleged violation. If the Director of the Department of Labor, Licensing and Regulation or his designee determines that a violation exists, he shall endeavor to resolve all issues by informal methods of mediation and conciliation.
HISTORY: 1986 Act No. 380, Section 1, eff April 21, 1986; 1990 Act No. 463, Section 4, eff May 7, 1990; 1993 Act No. 181 Section 977, eff February 1, 1994.
Effect of Amendment
The 1990 amendment deleted the "(A)" at the beginning of the former first paragraph and deleted subsection (B) relating to the commissioner's authority to decide disputes.
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 10 - Payment Of Wages › Section 41-10-80. Violations and penalties; civil actions by employees; administrative review of civil penalties.

(A) Any employer who violates the provisions of Section 41-10-30 must be given a written warning by the Director of the Department of Labor, Licensing and Regulation or his designee for the first offense and must be assessed a civil penalty of not more than one hundred dollars for each subsequent offense.
(B) Any employer who violates the provisions of Section 41-10-40 must be assessed a civil penalty of not more than one hundred dollars for each violation. Each failure to pay constitutes a separate offense.
(C) In case of any failure to pay wages due to an employee as required by Section 41-10-40 or 41-10-50 the employee may recover in a civil action an amount equal to three times the full amount of the unpaid wages, plus costs and reasonable attorney's fees as the court may allow. Any civil action for the recovery of wages must be commenced within three years after the wages become due.
(D) The Director of the Department of Labor, Licensing and Regulation or his designee shall promulgate regulations to establish a procedure for administrative review of any civil penalty assessed by the Director.
HISTORY: 1986 Act No. 380, Section 1, eff April 21, 1986; 1990 Act No. 463, Section 5, eff May 7, 1990; 1993 Act No. 181, Section 977, eff February 1, 1994.
Effect of Amendment
The 1990 amendment, in (C), added the provision requiring commencement of action within three years, and deleted (E), relating to criminal penalty for failing to pay wages within ten days after demand.
The 1993 amendment, substituted "Director of the Department of Labor, Licensing, and Regulation or his designee" for "Commissioner of Labor".
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 10 - Payment Of Wages › Section 41-10-90. Actions for collection of penalties; deposit of amounts collected.

In each case where a civil penalty assessed under subsection (A) or (B) of Section 41-10-80 is not paid within sixty days the Director of the Department of Labor, Licensing and Regulation or his designee shall bring an action against the assessed employer for collection of the penalty. Any amounts collected must be turned over to the State Treasurer for deposit in the general fund of the State.
HISTORY: 1986 Act No. 380, Section 1, eff April 21, 1986; 1993 Act No. 181, Section 977, eff February 1, 1994.
Effect of Amendment
The 1993 amendment substituted "Director of the Department of Labor, Licensing, and Regulation or his designee" for "Commissioner of Labor".
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 10 - Payment Of Wages › Section 41-10-110. Right of the Director of the Department of Labor, Licensing and Regulation to enter and to conduct investigation.

The Director of the Department of Labor, Licensing and Regulation or his designee, his inspectors, agents, or designees, upon proper presentation of credentials to the owner, manager, or agent of the employer, may enter at reasonable times and have the right to question either publicly or privately any employer, owner, manager, or agent and the employees of the employer and inspect, investigate, reproduce, or photograph time records or payroll records for the purpose of determining that the provisions of this chapter are complied with.
HISTORY: 1986 Act No. 380, Section 1, eff April 21, 1986; 1993 Act No. 181, Section 977, eff February 1, 1994.
Effect of Amendment
The 1993 amendment substituted "Director of the Department of Labor, Licensing, and Regulation or his designee" for "Commissioner of Labor".
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 13 - Child Labor › Section 41-13-5. "Employer" defined.

As used in this article "employer" includes every person, firm, partnership, association, corporation, receiver or other officer of a court of this State, the State or any political subdivision thereof and any agent or officer of the above-mentioned classes employing any person in this State.
HISTORY: 1981 Act No. 180 Section 6.
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 13 - Child Labor › Section 41-13-20. Oppressive child labor practices prohibited; Director of the Department of Labor, Licensing and Regulation or his designee to promulgate regulations.

No employer in this State shall engage in any oppressive child labor practices. The Director of the Department of Labor, Licensing and Regulation or his designee shall promulgate regulations pursuant to Sections 1-23-10 et seq. which will prohibit and prevent such oppressive child labor practices provided that such regulations shall not be more restrictive or burdensome than applicable federal laws or regulations.
HISTORY: 1962 Code Section 40-162; 1952 Code Section 40-162; 1942 Code Section 7031-1; 1932 Code Section 1471; Cr. C. '22 Section 415; Cr. C. '12 Section 424; 1911 (27) 30; 1937 (40) 531; 1981 Act No. 180 Section 7; 1993 Act No. 181, Section 977, eff February 1, 1994.
Effect of Amendment
The 1993 amendment substituted "Director of the Department of Labor, Licensing, and Regulation or his designee" for "Commissioner of Labor".
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 13 - Child Labor › Section 41-13-25. Penalties for violating child labor regulations.

(A) As determined by the Director of the Department of Labor, Licensing and Regulation or the director's designee, an employer who violates a child labor regulation promulgated pursuant to this chapter must be given a written warning of the violation for a first offense or may be fined not more than one thousand dollars. For second or subsequent offenses, an employer may be fined not more than five thousand dollars for each offense. The director shall determine the amount of the penalty pursuant to procedures promulgated by the department in regulation for assessing penalties under this chapter. These regulations shall include the method for determining penalties based on the size of the business of the employer being charged, the gravity of the violation, the good faith of the employer, and the history of previous violations of the employer.
(B) The findings of the director, including the amount of the fine, are final unless within thirty days after receipt of their notice by certified mail the employer requests in writing to the director a review of the findings or the amount of the fine. If a request for review is made to the director, a final determination must be made after an opportunity for a hearing pursuant to the Administrative Procedures Act.
(C) The amount of the fine as finally determined may be recovered in a civil action brought in a court of competent jurisdiction and deposited in the state general fund.
HISTORY: 1981 Act No. 180 Section 8; 1989 Act No. 135, Section 1, eff June 8, 1989; 1993 Act No. 181, Section 977, eff February 1, 1994; 1998 Act No. 395, Section 1, eff June 9, 1998.
Effect of Amendment
The 1989 amendment rewrote this section, deleting provisions for criminal penalties.
The 1993 amendment substituted "Director of the Department of Labor, Licensing, and Regulation or his designee" for "Commissioner of Labor".
The 1998 amendment rewrote subsection (A) and substituted "director" for "commissioner" throughout subsection (B).
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 13 - Child Labor › Section 41-13-30. Misrepresentation of age of child.

Any parent, guardian or other person having under his control any child who consents, suffers or permits the employment of his child or ward under the ages above provided or who knowingly or wilfully misrepresents the age of such child or ward to any person in order to obtain employment for such child or ward contrary to the provisions of Section 41-13-10 shall be guilty of a misdemeanor and for every offense shall, upon conviction thereof, be fined not less than ten dollars nor more than fifty dollars or be imprisoned not longer than thirty days, in the discretion of the court.
HISTORY: 1962 Code Section 40-163; 1952 Code Section 40-163; 1942 Code Section 7031-2; 1932 Code Section 1472; Cr. C. '22 Section 416; Cr. C. '12 Section 425; 1911 (27) 30.