reglab/statecodes huggingface dataset:
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 82 - Liquid Petroleum Gas › Section 40-82-270. Notifying supplier concerning installation and servicing of system; notice regarding alterations or modifications.

(1) An installer or service worker shall notify the supplier of propane before beginning any work on the system supplied by a liquefied petroleum gas supplier. If more than one liquefied petroleum gas supplier has supplied gas to the container of the system, the last supplier of liquefied petroleum gas must be notified before any work is performed on the system.
(2) Any consumer, owner, end user, or person who alters or modifies in any way his liquefied petroleum gas equipment, gas burning appliance, or system installed by a licensed dealer shall, for informational purposes, notify the licensed dealer who next fills or otherwise services his liquefied petroleum gas system that such work has been performed. The licensed dealer shall notify their customers in writing at least once per year of the customer's statutory obligation of notification in regard to modifications to their propane appliances or systems. This notice should be provided in a separate and distinct disclosure and not a part of other safety literature given to customers.
HISTORY: 1999 Act No. 128, Section 1; 2010 Act No. 155, Section 2, eff upon approval (became law without the Governor's signature on May 13, 2010).
Effect of Amendment
The 2010 amendment inserted item designator (1) and added item (2).
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 82 - Liquid Petroleum Gas › Section 40-82-280. Orders concerning hazardous conditions; penalties.

If a condition is found as a result of the inspection, examination, or investigation provided in Section 40-82-80 that is hazardous to the public safety, the board or the Office of the State Fire Marshal or an agent of the State Fire Marshal shall issue an order in writing to remove or correct the condition. If a person fails to comply with the terms of the order, the board may impose a fine, suspend the license, or refuse to renew or continue the license.
HISTORY: 1999 Act No. 128, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 82 - Liquid Petroleum Gas › Section 40-82-290. Grounding electrical circuits or appliances.

Electrical circuits or electrical appliances including, but not limited to, radios, telephones, or other electrical apparatus may not be grounded to a liquefied petroleum gas system or appliance. A dealer or a dealer's agent finding a violation of this section shall request the owner of the property to remove the ground. If the owner fails to comply with this request, the dealer or the dealer's agent shall report the noncompliance immediately to the board through the Office of the State Fire Marshal.
HISTORY: 1999 Act No. 128, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 82 - Liquid Petroleum Gas › Section 40-82-300. Safety cut-off valves on certain heating appliances.

(A) A heating appliance installed for use in a hotel, motel, tourist home, school, church, theater, auditorium, institutional building, hospital, nursing home, convalescent home, or other place of public assembly or rest must be equipped with a pilot having a one hundred percent safety cut-off valve of an automatic operating type. The pilot safety valve must have positive control of the flow of gas to the appliance burners in public places for sleeping purposes.
(B) A vented space heater equipped with a one hundred percent safety cut-off valve or an unvented space heater factory equipped with an oxygen depletion sensor pilot may be installed in sleeping quarters or bathrooms of residences and in areas of a manufactured home other than sleeping quarters or bathrooms:
(1) a vented space heater is vented to the outside in accordance with manufacturer's instructions;
(2) the aggregate input BTU rating of the appliance does not exceed twenty BTU's per hour per cubic foot of space in the room where the heater is placed;
(3) the required clearances are maintained; and
(4) the heater is securely anchored to the wall or floor.
HISTORY: 1999 Act No. 128, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 82 - Liquid Petroleum Gas › Section 40-82-310. Reporting fires and explosions.

An owner, manager, or operator of a vehicle or equipment regulated by this chapter within twenty-four hours shall make a report to the board through the office of the State Fire Marshal of any fire or explosion in connection with the equipment or gas system which the person has serviced, installed, or performed other work upon of accidental or incendiary origin of which the person has knowledge, with as complete detail as possible, together with evidence as he has obtained after investigation of the discovery of the fire or explosion. Reports filed pursuant to this section are confidential and for the use of the board only pending investigation completion.
HISTORY: 1999 Act No. 128, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 82 - Liquid Petroleum Gas › Section 40-82-330. Severability.

If a provision of this chapter or the application of a provision to a person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable.
HISTORY: 1999 Act No. 128, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 83 - Registration Of Immigration Assistance Services Act › Section 40-83-20. Definitions.

As used in this chapter, the term:
(A) "Compensation" means money, property, services, promise of payment, or anything else of value given in exchange for a service.
(B) "Director" means the Director of the South Carolina Department of Labor, Licensing and Regulation, or his designee.
(C) "Employed by" means that a person is on the payroll of the employer and the employer deducts from the employee's paycheck social security and withholding taxes or that a person receives compensation from the employer on a commission basis or as an independent contractor.
(D) "Immigration assistance service" means information or action provided or offered to customers or prospective customers related to immigration matters, excluding legal advice, recommending a specific course of legal action or providing other assistance that requires legal analysis, legal judgment, or interpretation of the law.
(E) "Immigration matter" means a proceeding, filing, or action affecting the nonimmigrant, immigrant, or citizenship status of any person that arises under:
(1) immigration and naturalization law, executive order, or presidential proclamation of the United States or any foreign country; or
(2) action of the United States Department of Labor, the United States Department of State, the United States Department of Homeland Security, or the United States Department of Justice.
HISTORY: 2008 Act No. 280, Section 13.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 84 - Sign Language Interpreters › Section 40-84-110. Definitions.

Section effective January 1, 2024.
For the purposes of this chapter:
(1) "Agency" means:
(a) the departments of state government enumerated in Section 1-30-10;
(b) the offices of all statewide constitutional officers;
(c) the Judicial Department;
(d) all public institutions of higher education;
(e) the Commission on Higher Education;
(f) police stations;
(g) county and state detention centers and correctional facilities; and
(h) any other board, commission, or council created by a statute of this State; but
(i) excludes school districts, school boards, charter schools, and special schools.
(2) "Deaf person" means a person who cannot use his hearing for communication purposes.
(3) "Interpreting" is the act of conveying meaning between people who use signed and spoken languages, conveying all essential elements of meaning and intent and where such process is offered in exchange for remuneration.
(4) "Recognized certification" means a certification in sign language interpretation as approved by the South Carolina Association of the Deaf, the South Carolina Registry of Interpreters for the Deaf, or the National Registry of Interpreters for the Deaf.
(5) "Sign Language" or "American Sign Language" or "ASL" means a visual-gestural language that incorporates facial grammatical markers, physical affect markers, spatial linguistic information, and fingerspelling, as well as signs made with the hands. ASL is a distinct language with its own grammar and syntax that is neither based on nor derived from a spoken language.
(6) "South Carolina Association of the Deaf" or "association" or "SCAD" means the state chapter of the National Association of the Deaf acting as a consumer advocacy organization serving the deaf and hard-of-hearing population of South Carolina, as incorporated at the time of enactment, or any successor organization of it.
(7) "South Carolina Registry of Interpreters for the Deaf" or "SCRID" means the state affiliate chapter of the Registry of Interpreters for the Deaf, serving as an interpreter-advocacy and professional organization, as incorporated at the time of enactment, or its successor organization.
HISTORY: 2022 Act No. 188 (H.3795), Section 2, eff January 1, 2024.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 84 - Sign Language Interpreters › Section 40-84-120. Application of chapter.

Section effective January 1, 2024.
The requirements of this chapter apply to all:
(1) agencies as defined by Section 40-84-110(1); and
(2) hospitals and health care facilities regulated by the Department of Health and Environmental Control under Title 44.
HISTORY: 2022 Act No. 188 (H.3795), Section 2, eff January 1, 2024.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 84 - Sign Language Interpreters › Section 40-84-130. Recognized certification required to provide interpreting services for agency or hospital; exceptions.

Section effective January 1, 2024.
(A) A person only may provide interpreting services for an agency or hospital if he holds a recognized certification as defined in Section 40-84-110(4).
(B) The provisions in this section do not apply to a person who is interpreting:
(1) in an emergency situation where the parties determine that the delay to obtain a certified interpreter is likely to cause injury or loss; or
(2) as part of a supervised internship or mentorship program if the individual is accompanied by an interpreter with recognized certification.
HISTORY: 2022 Act No. 188 (H.3795), Section 2, eff January 1, 2024.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 84 - Sign Language Interpreters › Section 40-84-140. Conflicts with other minimum competency standards.

Section effective January 1, 2024.
To the extent that the provisions of this chapter conflict with other minimum competency standards for a sign language interpreter required for use by an entity identified in Section 40-84-120, the more rigorous standards must prevail.
HISTORY: 2022 Act No. 188 (H.3795), Section 2, eff January 1, 2024.
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 1 - General Provisions › Section 41-1-10. Employers shall post certain labor laws.

Every employer shall keep posted in a conspicuous place a printed notice stating the provisions of the law relative to the employment of adult persons and children and the regulation of hours and working conditions. The Director of the Department of Labor, Licensing and Regulation or his designee shall furnish the printed form of such notice upon request.
HISTORY: 1962 Code Section 40-451; 1952 Code Section 40-451; 1942 Code Section 3253-13; 1936 (39) 1615; 1993 Act No. 181, Section 959, eff February 1, 1994; 2010 Act No. 137, Section 1, eff March 31, 2010.
Effect of Amendment
The 1993 amendment substituted "Director of the Department of Labor, Licensing and Regulation or his designee" for "Commissioner of Labor".
The 2010 amendment deleted "in every room where five or more persons are employed" following "posted in a conspicuous place" in the first sentence.
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 1 - General Provisions › Section 41-1-15. Establishment of drug prevention program in workplace; confidentiality of information concerning test results.

(A) Notwithstanding any other provision of the law, an employer may establish a drug prevention program in the workplace pursuant to Section 38-73-500(B) which shall include:
(1) a substance abuse policy statement that balances the employer's respect for individuals with the need to maintain a safe, productive, and drug-free environment. The intent of the policy shall be to help those who need it while sending a clear message that the illegal use of nonprescription controlled substances or the abuse of alcoholic beverages is incompatible with employment at the specified workplace; and
(2) notification to all employees of the drug prevention program and its policies at the time the program is established by the employer or at the time of hiring the employee, whichever is earlier.
(B) All information, interviews, reports, statements, memoranda, and test results, written or otherwise, received by the employer through a substance abuse testing program are confidential communications, but may be used or received in evidence, obtained in discovery, or disclosed in any civil or administrative proceeding.
(C) Employers, laboratories, medical review officers, insurers, drug or alcohol rehabilitation programs, and employer drug prevention programs, and their agents who receive or have access to information concerning test results shall keep all information confidential. Release of such information under any other circumstance shall be solely pursuant to a written consent form signed voluntarily by the employee tested or his designee unless the release is completed through disclosure by an agency of the State in a civil or administrative proceeding, order of a court of competent jurisdiction, or determination of a professional or occupational licensing board in a related disciplinary proceeding. The consent form must contain at a minimum:
(1) the name of the person who is authorized to obtain the information;
(2) the purpose of the disclosure;
(3) the precise information to be disclosed;
(4) the duration of the consent; and
(5) the signature of the person authorizing release of the information.
(D) Information on test results shall not be released for or used or admissible in any criminal proceeding against the employee.
HISTORY: 1997 Act No. 92, Section 2, eff June 10, 1997.
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 1 - General Provisions › Section 41-1-20. Unlawful discrimination against union members.

Every person who shall discharge or discriminate in the payment of wages against any person because of his membership in a labor organization shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than ten nor more than fifty dollars or be imprisoned not less than ten nor more than thirty days.
HISTORY: 1962 Code Section 40-453; 1952 Code Section 40-453; 1942 Code Section 3237; 1932 Code Section 1299; Cr. C. '22 Section 194; Cr. C. '12 Section 487; 1909 (26) 15; 1924 (33) 1096; 1934 (38) 1364; 1936 (39) 1615; 1941 (42) 119.
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 1 - General Provisions › Section 41-1-25. Employee benefits, establishment by political subdivisions prohibited; definitions.

(A) For purposes of this section:
(1) "Employee benefit" means anything of value that an employee may receive from an employer in addition to wages. This term includes, but is not limited to, any health benefits, disability benefits, death benefits, group accidental death and dismemberment benefits, paid days off for holidays, paid sick leave, paid vacation leave, paid personal necessity leave, retirement benefits, and profit-sharing benefits.
(2) "Political subdivision" includes, but is not limited to, a municipality, county, school district, special purpose district, or public service district.
(B) A political subdivision of this State may not establish, mandate, or otherwise require an employee benefit.
(C) This section does not limit the authority of political subdivisions to establish employee benefits in employment relationships to which they are a party.
HISTORY: 2017 Act No. 3 (S.218), Section 1, eff April 5, 2017.
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 1 - General Provisions › Section 41-1-30. Terminating authorized worker and replacing with unauthorized alien; wrongful termination action by discharged employee.

(A) There is a civil right of action for wrongful termination against an employer who discharges an employee authorized to work in the United States for the purpose of replacing that employee with a person the employer knows or should reasonably know is an unauthorized alien.
(B) An aggrieved employee must show all of the following:
(a) the replacement occurred within sixty days of the date of the employee's termination;
(b) the replacement worker was an unauthorized alien at the time of the replacement;
(c) the employer knew or reasonably should have known of the replacement worker's status; and
(d) the replacement worker filled duties and responsibilities the employee vacated.
(C) This section does not create an employment contract for either a public or private employer.
(D) An employee who brings a civil suit pursuant to this section is limited to the following recovery:
(1) reinstatement to his former position;
(2) actual damages; and
(3) lost wages.
(E) A cause of action does not arise against an employer who submits the necessary identifying information for all employees through the Systematic Alien Verification of Entitlement (SAVE) program, the E-Verify Program or a successor program used for verification of work authorization and operated by the United States Department of Homeland Security.
(F) Any cause of action arising pursuant to this section is equitable in nature and must be brought within one year of the date of the alleged violation.
(G) For any action brought pursuant to this section, the court may award attorney fees to the prevailing party.
(H) The provisions of this section do not apply to a private employer who terminates an employee to comply with the provisions of Chapter 8 of Title 41.
(I) This section takes effect ninety days after the effective date of the act.
HISTORY: 2008 Act No. 280, Section 12, eff 90 days after effective date of act (approved June 4, 2008).
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 1 - General Provisions › Section 41-1-40, 41-1-50. Repealed by 2010 Act No. 137, Section 8, eff March 31, 2010.

Editor's Note
Former Section 41-1-40 was entitled "Employers requiring notice from employee quitting work shall post notice of shutdown" and was derived from 1962 Code Section 40-455; 1952 Code Section 40-455; 1942 Code Section 7030-14; 1932 Code Section 1318; Cr. C. '22 Section 210; 1912 (27) 750.
Former Section 41-1-50 was entitled "Acceptance of payment from relief fund shall be no bar to action for damages" and was derived from 1962 Code Section 40-456; 1952 Code Section 40-456; 1942 Code Section 7701; 1932 Code Section 7701; Civ. C. '22 Section 4275; Civ. C. '12 Section 2808; 1905 (24) 962.
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 1 - General Provisions › Section 41-1-60. Certain transactions between carriers or shippers and labor organizations prohibited; penalties.

(1) The term "labor organization" means any organization of any kind, or any agency or employee representation committee or plan, in which employees participate and which exists for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours of employment, or conditions of work.
(2) It shall be unlawful for any carrier or shipper of property, or any association of such carriers or shippers, to agree to pay, or to pay, to or for the benefit of a labor organization, directly or indirectly, any charge by reason of the placing upon, delivery to, or movement by rail, or by a railroad car, of a motor vehicle, trailer, or container which is also capable of being moved or propelled upon the highways.
(3) It shall be unlawful for any labor organization to accept or receive from any carrier or shipper of property, or any association of such carriers or shippers, any payment described in item (2) hereof.
(4) Any person who agrees to pay, or who does pay, or who agrees to receive, or who does receive, any payment described in item (2) hereof shall be guilty of a misdemeanor and on conviction shall be fined not less than one hundred dollars nor more than one thousand dollars, or imprisoned for a period of not less than thirty days, nor more than one year, in the discretion of the court. Each act of violation, and each day during which such an agreement remains in effect, shall constitute a separate and distinct offense.
HISTORY: 1962 Code Section 40-457; 1962 (52) 1739.
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 1 - General Provisions › Section 41-1-65. Employers granted immunity from liability for disclosure of information.

(A) As used in this section:
(1) "Employer" means any person, partnership, for profit or nonprofit corporation, limited liability corporation, the State and its political subdivisions and their agents that employ one or more employees. As used in this definition, "agent" means any former supervisor or the employer's designee.
(2) "Employee" means any person employed by an employer.
(3) "Evaluation" means a written employee evaluation which was conducted by the employer and signed by the employee, including any written employee response to the evaluation, before the employee's separation from the employer and of which the employee, upon written request, shall be given a copy.
(4) "Former employee" means an individual who was previously employed by an employer.
(5) "Job performance" includes, but is not limited to, attendance, attitude, awards, demotions, duties, effort, evaluations, knowledge, skills, promotions, and disciplinary actions.
(6) "Prospective employer" means any employer to which a prospective employee has made application, either oral or written, or forwarded a resume or other correspondence expressing an interest in employment.
(7) "Prospective employee" means any person who has made an application either oral or written or has sent a resume or other correspondence to a prospective employer indicating an interest in employment.
(B) Unless otherwise provided by law, an employer shall be immune from civil liability for the disclosure of an employee's or former employee's dates of employment, pay level, and wage history to a prospective employer.
(C) Unless otherwise provided by law, an employer who responds in writing to a written request concerning a current employee or former employee from a prospective employer of that employee shall be immune from civil liability for disclosure of the following information to which an employee or former employee may have access:
(1) written employee evaluations;
(2) official personnel notices that formally record the reasons for separation;
(3) whether the employee was voluntarily or involuntarily released from service and the reason for the separation; and
(4) information about job performance.
(D) This protection and immunity shall not apply where an employer knowingly or recklessly releases or discloses false information.
HISTORY: 1996 Act No. 281, Section 1, eff May 6, 1996.
Editor's Note
1996 Act No. 281, Section 2, provides:
"SECTION 2. The provisions of Section 41-1-65 of the 1976 Code, as added by Section 1 of this act, shall apply to causes of action occurring on or after the effective date of this act."
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 1 - General Provisions › Section 41-1-70. Liability of employer for dismissal or demotion of employee who complies with subpoena or serves on jury.

Any employer who dismisses or demotes an employee because the employee complies with a valid subpoena to testify in a court proceeding or administrative proceeding or to serve on a jury of any court is subject to a civil action in the circuit court for damages caused by the dismissal or demotion.
Damages for dismissal are limited to no more than one year's salary or fifty-two weeks of wages based on a forty-hour week in the amount the employee was receiving at the time of receipt of the subpoena.
Damages for demotion are limited to the difference for one year between the salary or wages based on a forty-hour week which the employee received before the demotion and the amount he receives after the demotion.
HISTORY: 1986 Act No. 320, eff February 20, 1986 and retroactive to January 1, 1984 (approved by the Governor on February 20, 1986).
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 1 - General Provisions › Section 41-1-80. Prohibition against retaliation based upon employee's institution of, or participation in, proceedings under Workers' Compensation Law; civil actions.

No employer may discharge or demote any employee because the employee has instituted or caused to be instituted, in good faith, any proceeding under the South Carolina Workers' Compensation Law (Title 42 of the 1976 Code), or has testified or is about to testify in any such proceeding.
Any employer who violates any provision of this section is liable in a civil action for lost wages suffered by an employee as a result of the violation, and an employee discharged or demoted in violation of this section is entitled to be reinstated to his former position. The burden of proof is upon the employee.
Any employer shall have as an affirmative defense to this section the following: wilful or habitual tardiness or absence from work; being disorderly or intoxicated while at work; destruction of any of the employer's property; failure to meet established employer work standards; malingering; embezzlement or larceny of the employer's property; violating specific written company policy for which the action is a stated remedy of the violation.
The failure of an employer to continue to employ, either in employment or at the employee's previous level of employment, an employee who receives compensation for total permanent disability, is in no manner to be considered a violation of this section.
The statute of limitations for actions under this section is one year.
HISTORY: 1986 Act No. 451, eff May 26, 1986.
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 1 - General Provisions › Section 41-1-85. Personnel action based on use of tobacco products outside of workplace prohibited.

The use of tobacco products outside the workplace must not be the basis of personnel action, including, but not limited to, employment, termination, demotion, or promotion of an employee.
HISTORY: 1990 Act No. 593, Section 2A, eff June 25, 1990.
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 1 - General Provisions › Section 41-1-90. Requirement of notice that completion of training program does not guarantee employment.

Every employer in this State who requires prospective employees to complete a job training program conducted either by the employer or on behalf of the employer by an outside organization prior to consideration for employment shall give each prospective employee before beginning the training program a notice in the form prescribed by Section 41-1-100 if completion of the job training program does not guarantee the prospective employee regular employment on a permanent basis by the employer.
HISTORY: 1986 Act No. 332, Section 1, eff July 1, 1986.
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 1 - General Provisions › Section 41-1-100. Form of notice required by Section 41-1-90.

The notice required by Section 41-1-90 shall appear on any printed matter promoting the job training program and on every application for enrollment in the program in substantially the following form: "Notice. Completion of this job training program does not guarantee you regular employment on a permanent basis by the employer who requires you to complete the program."
HISTORY: 1986 Act No. 332, Section 2, eff July 1, 1986.
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 1 - General Provisions › Section 41-1-110. Conspicuous disclaimer of contract of employment created by handbook, personnel manual, or other document issued by employer.

It is the public policy of this State that a handbook, personnel manual, policy, procedure, or other document issued by an employer or its agent after June 30, 2004, shall not create an express or implied contract of employment if it is conspicuously disclaimed. For purposes of this section, a disclaimer in a handbook or personnel manual must be in underlined capital letters on the first page of the document and signed by the employee. For all other documents referenced in this section, the disclaimer must be in underlined capital letters on the first page of the document. Whether or not a disclaimer is conspicuous is a question of law.
HISTORY: 2004 Act No. 185, Section 1, eff March 15, 2004.
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 1 - General Provisions › Section 41-1-120. Establishing independent contractor status between nonprofit youth sports organization and coach; written agreement; disclosures.

(A) Notwithstanding another provision of law, a written agreement between a nonprofit youth sports organization and a coach which specifies that the coach is an independent contractor and not an employee of the nonprofit youth sports organization and also which otherwise satisfies the requirements of this section constitutes conclusive evidence that the relationship between the nonprofit youth sports organization and the coach is that of an independent contractor relationship rather than an employment relationship for the purposes of this section, and that the nonprofit youth sports organization consequently is not obligated to:
(1) secure compensation for the coach pursuant to the workers' compensation law; and
(2) withhold federal and state income taxes from money paid to the coach for services he provides to the organization pursuant to the contract.
(B) A written agreement provided in subsection (A) must contain a conspicuously located disclosure appearing in bold-faced, underlined, or large type. This agreement must be acknowledged by the parties as indicated by their signatures, initials, or other means to evince that the parties have read and understand the disclosure. This disclosure clearly must state that the coach is:
(1) an independent contractor and not an employee of the nonprofit youth sports organization for the purposes listed in subsection (A)(1) and (2);
(2) not entitled to workers' compensation benefits in connection with his or her contract with the nonprofit youth sports organization; and
(3) obligated to pay federal and state income tax on any money paid pursuant to the contract for coaching services, and that as a consequence the nonprofit youth sports organization will not withhold any amounts from the coach for purposes of satisfying the coach's income tax liability.
(C) A written agreement between a nonprofit youth sports organization and a coach formed pursuant to this subsection may not, in and of itself, be construed as conclusive evidence that an independent contractor relationship exists for purposes of required coverage under the state unemployment compensation law or any civil action instituted by a third party.
(D) As used in this section, "nonprofit youth sports organization" means an organization that is exempt from federal taxation under Section 501(c)(3) of the Internal Revenue Code of 1986, as amended, and is primarily engaged in conducting organized sports programs for persons under twenty-one years of age.
HISTORY: 2016 Act No. 155 (H.3576), Section 1, eff April 21, 2016.
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 3 - Department And Director Of Labor, Licensing, And Regulation › Section 41-3-10. Director of department appointed by Governor; department to promulgate and enforce regulations.

A Director of the Department of Labor, Licensing and Regulation must be appointed by the Governor pursuant to the provisions of Section 40-1-40. The director means the chief administrative officer of the Department of Labor, Licensing and Regulation. The department is authorized to promulgate regulations for the department, and it is the duty of the department to administer and enforce the regulations and direct all inspections and investigations except as otherwise provided.
HISTORY: 1962 Code Section 40-1; 1952 Code Section 40-1; 1942 Code Section 3253-11; 1936 (39) 1615; 1941 (42) 119; 1993 Act No. 181, Section 960, eff February 1, 1994; 2010 Act No. 137, Section 2, eff March 31, 2010.
Effect of Amendment
The 1993 amendment substituted this section for one which read: "A Department of Labor is hereby created and established under the supervision and direction of a commissioner to be known as the Commissioner of Labor. The Commissioner shall have charge of the administration of the Department of Labor and the enforcement of all rules and regulations which it is the duty of the Department to administer and enforce and shall direct all inspections and investigations except as otherwise provided".
The 2010 amendment deleted the first sentence, relating to the creation of the Division of Labor.
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 3 - Department And Director Of Labor, Licensing, And Regulation › Section 41-3-20. Repealed by 1993 Act No. 181, Section 1617(B), eff February 1, 1994.

Editor's Note
Former Section 41-3-20 was entitled "Appointment, term and vacancy in office of Commissioner" and was derived from 1962 Code Section 40-2; 1952 Code Section 40-2; 1942 Code Section 3253-12; 1936 (39) 1615; 1939 (41) 297; 1956 (49) 1736.
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 3 - Department And Director Of Labor, Licensing, And Regulation › Section 41-3-30. Employees.

The Director of Labor, Licensing and Regulation, or his designee, pursuant to Section 40-1-40, may employ such personnel and prescribe their duties, powers, and functions as he considers necessary and as may be authorized by the statute and for which funds have been authorized in the annual general appropriations act. The director or his designee may assign or transfer employees from one subdivision to another or may combine the clerical and inspection forces of two or more subdivisions, as he may consider necessary and advisable.
HISTORY: 1962 Code Section 40-3; 1952 Code Section 40-3; 1942 Code Section 3253-13; 1936 (39) 1615; 1993 Act No. 181, Section 961, eff February 1, 1994.
Effect of Amendment
The 1993 amendment substituted the first sentence for one allowing the commissioner to appoint and assign clerks, stenographers and other employees, with approval of the division directors, to perform the work of the Department, and fix their pay, subject to the approval of the General Assembly or such agency as it may designate; and in the second sentence substituted "director or his designee" for "Commissioner" and "subdivision" for "division".
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 3 - Department And Director Of Labor, Licensing, And Regulation › Section 41-3-40. Promulgation of regulations by director.

The Director of the Department of Labor, Licensing and Regulation, or his designee, shall promulgate regulations with reference to this title as shall be necessary properly to carry out the duties imposed upon the department.
HISTORY: 1962 Code Section 40-4; 1952 Code Section 40-4; 1942 Code Section 3253-13; 1936 (39) 1615; 1993 Act No. 181, Section 962, eff February 1, 1994; 1993 Act No. 181, Section 977, eff February 1, 1994; 2010 Act No. 137, Section 3, eff March 31, 2010.
Effect of Amendment
The first 1993 amendment rewrote this section which formerly provided "The Commissioner shall make such rules and regulations with reference to the work of the Department and of the several divisions thereof as shall be necessary properly to carry out the duties imposed upon the Commissioner and the work of the Department."
The second 1993 amendment substituted "Subdivision of the Division of Labor" for "Division of Labor.
The 2010 amendment rewrote this section.
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 3 - Department And Director Of Labor, Licensing, And Regulation › Section 41-3-50. Inspections of work places, sites, or areas.

The director of the department or his designee shall visit and inspect at reasonable hours, as often as practicable, all places, sites, or areas where employment comes under the jurisdiction of the department to enforce the provisions of Chapters 1 through 24.
HISTORY: 1962 Code Section 40-5; 1952 Code Section 40-5; 1942 Code Sections 3240, 3253-13; 1932 Code Section 3240; Civ. C. '22 Section 946; Civ. C. '12 Section 868; 1909 (26) 14; 1936 (39) 1615; 1972 (57) 2399; 1993 Act No. 181, Section 963, eff February 1, 1994; 2010 Act No. 137, Section 4, eff March 31, 2010.
Effect of Amendment
The 1993 amendment substituted "The director of the department or his designee" for "The Commissioner, his assistants and inspectors" and "division" for "Commissioner".
The 2010 amendment substituted "24" for "25 of this Title" at the end of this section.
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 3 - Department And Director Of Labor, Licensing, And Regulation › Section 41-3-55. Determination of liability for violations at sites involving multiple employers or contractors.

At any construction site involving multiple employers or contractors, the department inspector when citing any such employer or contractor for a violation of any regulation or standard provided by law shall first determine which employer or contractor is in violation and such employer or contractor only shall be cited and held responsible for such violation.
HISTORY: 1979 Act No. 175 Section 2; 1993 Act No. 181, Section 964, eff February 1, 1994.
Effect of Amendment
The 1993 amendment substituted "department" for "Department of Labor".
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 3 - Department And Director Of Labor, Licensing, And Regulation › Section 41-3-60. Enforcement of labor and employment laws; appointment and duties of inspectors and assistants.

The Director of the Department of Labor, Licensing and Regulation or his designee shall enforce all laws of Chapters 1 through 24 in places, sites, or areas, which come under his jurisdiction, and appoint such assistants and inspectors as necessary to carry out his duties. The duties of such assistants and inspectors shall be prescribed by the director which come under his jurisdiction.
HISTORY: 1962 Code Section 40-6; 1952 Code Section 40-6; 1942 Code Section 3253-13; 1936 (39) 1615; 1972 (57) 2400; 1993 Act No. 181, Section 965, eff February 1, 1994; 2010 Act No. 137, Section 5, eff March 31, 2010.
Effect of Amendment
The 1993 amendment in the first sentence substituted "Director of the Department of Labor, Licensing and Regulation or his designee" for "Commissioner" and in the last sentence substituted "director" for "Commissioner".
The 2010 amendment substituted "24" for "25 of this Title" following "Chapters 1 through" in the first sentence.
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 3 - Department And Director Of Labor, Licensing, And Regulation › Section 41-3-70. Representatives of employer and employees may accompany inspectors.

A representative of the employer and a representative authorized by his employees shall be given an opportunity to accompany the Director of the Department of Labor, Licensing and Regulation or his designee, his assistant or inspector during the physical inspection of any workplace for the purpose of aiding such inspection. No employee shall suffer any loss of wages or other benefits which would normally accrue to him because of his participation in the walk-around inspection under this section. Where there is no authorized representative, the director or his designee, his assistant or inspector shall consult with a reasonable number of employees concerning matters of health and safety in the workplace.
HISTORY: 1962 Code Section 40-6.1; 1973 (58) 378; 1993 Act No. 181, Section 966, 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" in the first sentence and in the last sentence substituted "director or his designee" for "Commissioner".
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 3 - Department And Director Of Labor, Licensing, And Regulation › Section 41-3-80. Repealed by 2010 Act No. 137, Section 8, eff March 31, 2010.

Editor's Note
Former Section 41-3-80 was entitled "Enforcement of Fair Labor Standards Act of 1938" and was derived from 1962 Code Section 40-7; 1952 Code Section 40-7; 1942 Code Section 3253-17; 1939 (41) 114; 1993 Act No. 181, Section 967.
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 3 - Department And Director Of Labor, Licensing, And Regulation › Section 41-3-100. Furnishing of blanks and forms.

All blanks and forms required by the Director of the Department of Labor, Licensing and Regulation or his designee under provisions of Chapters 1 through 24 must be furnished by the director or his designee.
HISTORY: 1962 Code Section 40-10; 1952 Code Section 40-10; 1942 Code Section 3245; 1932 Code Section 3245; Civ. C. '22 Section 951; Civ. C. '12 Section 873; 1909 (26) 14; 1972 (57) 2400; 1993 Act No. 181, Section 968, eff February 1, 1994; 2010 Act No. 137, Section 6, eff March 31, 2010.
Effect of Amendment
The 1993 amendment substituted "Director of the Department of Labor, Licensing, and Regulation or his designee" for "Commissioner of Labor" and "director or his designee" for "Commissioner".
The 2010 amendment substituted "24 must" for "25 of this Title shall" following "Chapters 1 through"; and made other nonsubstantive changes.
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 3 - Department And Director Of Labor, Licensing, And Regulation › Section 41-3-110. Powers of director generally.

The Director of the Department of Labor, Licensing and Regulation or his designee may subpoena witnesses, documents, take and preserve testimony, examine witnesses, administer oaths and, under proper restrictions, enter any public institution of the State or any factory, store, workshop, laundry, public eating house or mine and interrogate any person employed therein or connected therewith or the proper officers of a corporation or he may file a written or printed list of interrogatories and require full and complete answers to them to be returned, under oath, within fifteen days of the receipt of such list.
HISTORY: 1962 Code Section 40-11; 1952 Code Section 40-11; 1942 Code Section 3253-13; 1936 (39) 1615; 1974 (58) 2328; 1993 Act No. 181, Section 969, 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 3 - Department And Director Of Labor, Licensing, And Regulation › Section 41-3-120. Enforcement.

The Director of the Department of Labor, Licensing and Regulation or his designee shall enforce the provisions of Chapters 1 through 24 and prosecute all violations of law relating to those chapters before any court of competent jurisdiction.
HISTORY: 1962 Code Section 40-12; 1952 Code Section 40-12; 1942 Code Section 3253-13; 1936 (39) 1615; 1972 (57) 2517; 1981 Act No. 180 Section 2; 1993 Act No. 181, Section 970, eff February 1, 1994; 2010 Act No. 137, Section 7, eff March 31, 2010.
Effect of Amendment
The 1993 amendment substituted "Director of the Department of Labor, Licensing and Regulation or his designee" for "Commissioner of Labor".
The 2010 amendment substituted "24" for "25 of this Title" following "Chapters 1 through".
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 3 - Department And Director Of Labor, Licensing, And Regulation › Section 41-3-130. Solicitors and prosecuting attorneys shall prosecute violations.

The solicitor of the circuit or the prosecuting attorney of the city court, upon the request of the Director of the Department of Labor, Licensing and Regulation or his designee, or any of his assistants or deputies, shall prosecute any violation of law which it is the duty of the director or his designee to enforce.
HISTORY: 1962 Code Section 40-13; 1952 Code Section 40-13; 1942 Code Section 3253-13; 1936 (39) 1615; 1993 Act No. 181, Section 971, eff February 1, 1994.
Effect of Amendment
The 1993 amendment and substituted "Director of the Department of Labor, Licensing and Regulation or his designee" for "Commissioner of Labor" and "director or his designee" for "Commissioner".
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 3 - Department And Director Of Labor, Licensing, And Regulation › Section 41-3-140. Penalties for impeding director in performance of his duties.

Any person who shall willfully impede or prevent the Director of the Department of Labor, Licensing and Regulation or his designee, his agents or assistants, in the free and full performance of his duties shall, upon conviction, be fined not less than one hundred dollars or more than one thousand dollars or be imprisoned for not less than thirty days or more than six months, or both.
HISTORY: 1962 Code Section 40-14; 1952 Code Section 40-14; 1942 Code Section 3237; 1932 Code Section 1299; Cr. C. '22 Section 194; Cr. C. '12 Section 487; 1909 (26) 15; 1924 (33) 1096; 1934 (38) 1364; 1936 (39) 1615; 1941 (42) 119; 1972 (57) 2769; 1993 Act No. 181, Section 972, 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 3 - Department And Director Of Labor, Licensing, And Regulation › Section 41-3-510 to 41-3-540. Repealed by 2010 Act No. 137, Section 8, eff March 31, 2010.

Editor's Note
Former Section 41-3-510 was entitled "Migrant Labor subdivision established" and was derived from 1962 Code Section 40-415; 1976 Act No. 593, Section 1; 1993 Act No. 181, Sections 973, 977.
Former Section 41-3-520 was entitled "Promulgation of rules and regulations" and was derived from 1962 Code Section 40-416; 1976 Act No. 593, Section 1; 1993 Act No. 181, Section 974.
Former Section 41-3-530 was entitled "Public hearing concerning rules and regulations; notice" and was derived from 1962 Code Section 40-417; 1976 Act No. 593, Section 1; 1993 Act No. 181, Sections 976, 977.
Former Section 41-3-540 was entitled "Contracts to provide migrant labor services; annual report of Director of Labor, Licensing, and Regulation to General Assembly" and was derived from 1962 Code Section 40-418; 1976 Act No. 593, Section 1; 1993 Act No. 181, Section 975.
ARTICLE 6
Certain Terms Deemed to Have Certain Meanings