reglab/statecodes huggingface dataset:
South Carolina Code of Regulations › Chapter 47 - DEPARTMENT OF EMPLOYMENT AND WORKFORCE › Article 2 - GENERAL REGULATIONS › Section 47-8 - Employer-Employee Relationship

Current through Register Vol. 48, No. 6, June 28, 2024
The South Carolina Department of Employment and Workforce is
				not bound by the rulings of other entities when making its determination about
				whether an employer-employee relationship exists for the purpose of determining
				liability under the South Carolina Department of Employment and Workforce Laws.
				The Department may consider in its determinations rules, regulations, opinions,
				laws, and interpretations published by the United States Department of Labor,
				Internal Revenue Service, South Carolina Department of Revenue, South Carolina
				Wage and Hour Division, and State and Federal Court decisions.
Under South Carolina Annotated Section
				41-27-230(1)(b),
				the common law rules govern the determination of an employer-employee
				relationship. The common law test focuses on whether the employer has the right
				to control the worker in the performance of his or her work. The Department
				will examine these factors in determining whether an employer-employee
				relationship exists:
a. Whether the
			 employer has the right to control or exercises control over the services
			 performed for the job;
b. Whether
			 the employer furnishes the equipment;
c. Whether the method of payment indicates an
			 employment relationship, and
d.
			 Whether the employer has the right to terminate the employment
			 relationship.
South Carolina Code of Regulations › Chapter 47 - DEPARTMENT OF EMPLOYMENT AND WORKFORCE › Article 2 - GENERAL REGULATIONS › Section 47-11 - Displaying of Informational Posters

Current through Register Vol. 48, No. 6, June 28, 2024
All employing units having individuals engaged in employment,
				as defined by Section
				41-27-230,
				shall post and maintain in conspicuous places where workers perform their
				services such informational posters as are provided by the Department so that
				the information printed thereon may be read by all workers.
South Carolina Code of Regulations › Chapter 47 - DEPARTMENT OF EMPLOYMENT AND WORKFORCE › Article 2 - GENERAL REGULATIONS › Section 47-12 - Displaying Coverage Information

Current through Register Vol. 48, No. 6, June 28, 2024
Every employer (including every employing unit which has
				elected, with the approval of the DEpartment to become an employer) shall
				display and maintain such printed posters as the Department may prescribe and
				furnish. Such posters shall be displayed by the employer in conspicuous places
				where workers perform their services, but only so long as the employer shall be
				subject to the law.
South Carolina Code of Regulations › Chapter 47 - DEPARTMENT OF EMPLOYMENT AND WORKFORCE › Article 2 - GENERAL REGULATIONS › Section 47-13 - Furnishing Printed Information to Workers

Current through Register Vol. 48, No. 6, June 28, 2024
The posters referred to in regulation 47-12 shall inform the
				worker to report promptly to the nearest Department office in the event of his
				or her becoming unemployed and shall give the location of that
				office.
South Carolina Code of Regulations › Chapter 47 - DEPARTMENT OF EMPLOYMENT AND WORKFORCE › Article 2 - GENERAL REGULATIONS › Section 47-14 - Records

Current through Register Vol. 48, No. 6, June 28, 2024
A. Each employing
			 unit shall preserve for five years existing records with respect to individuals
			 in its employ on or after July 1, 1936, indicating the data hereinafter set
			 forth:
1. For each pay period:
a. The beginning and ending dates of such
			 period.
b. The largest number of
			 workers in employment during each calendar week of such pay period.
South Carolina Code of Regulations › Chapter 47 - DEPARTMENT OF EMPLOYMENT AND WORKFORCE › Article 2 - GENERAL REGULATIONS › Section 47-15 - Reports and Instructions Relative to Report Form

Current through Register Vol. 48, No. 6, June 28, 2024
A. Each employing unit shall make such
			 reports as are prescribed by the Department on forms issued by and required to
			 be returned to the Department or its authorized representative.
B. Each employing unit shall comply with
			 instructions pertaining to the contents and due date of any report form issued
			 by the Department. Such instructions shall have the full force and effect of
			 regulations when published.
C.
			 Reports Covering Wages of Individuals in Employment: Except as otherwise
			 provided, each employer shall submit on or before the last day of the first
			 month following the quarter covered by such report, a form report showing each
			 individual in his employment during the preceding quarter. The form shall set
			 forth:
1. The employer's name and account
			 number assigned by the Department.
2. The worker's full name.
3. The worker's social security account
			 number.
4. Total wages paid to the
			 worker during the quarter.
5. Such
			 other information as required by the form.
South Carolina Code of Regulations › Chapter 47 - DEPARTMENT OF EMPLOYMENT AND WORKFORCE › Article 2 - GENERAL REGULATIONS › Section 47-16 - Contributions: Interest

Current through Register Vol. 48, No. 6, June 28, 2024
A. Contributions shall be payable quarterly with respect to wages paid within each calendar quarter.
B. Contributions shall become due on, and shall be paid on or before, the last day of the month following the quarter for which they are payable. However, an application may be filed with the Department for extension of the due date of contributions payable and upon approval of such application the due date for such contributions may be extended not more than fifteen (15) calendar days.
C. Employers who are delinquent in the payment of contributions with respect to any calendar year or portion thereof, may upon application, be authorized to pay the delinquent contributions, with interest on deferred amounts until actually paid, in consecutive installments of such amounts and over such periods and at such times as may be approved by the Department or the Executive Director thereof, provided that the entire unpaid balance shall become due immediately if the employer fails to pay any installment when due.
D. In the event a lien in favor of the Department is filed against an employer or claimant, all collection remedies set forth in Title 12 of the South Carolina 1976 Code may be used to enforce payment of the amount due.
South Carolina Code of Regulations › Chapter 47 - DEPARTMENT OF EMPLOYMENT AND WORKFORCE › Article 2 - GENERAL REGULATIONS › Section 47-18 - Workers to Procure Social Security Account Numbers

Current through Register Vol. 48, No. 6, June 28, 2024
A. Each employer shall ascertain the Social
			 Security Account Number of each worker employed by him in employment.
B. Each worker who is engaged in employment
			 for an employer, but who does not have a Federal Social Security Account Number
			 shall file an application therefore not later than one week after the effective
			 date of this regulation, or not later than one week after the first day on
			 which he is engaged in employment for an employer, whichever occurs later. It
			 shall be the duty of employers to procure the appropriate forms of application
			 for Social Security Account Numbers and to furnish such application forms to
			 each worker in their employ who does not have a Federal Social Security Account
			 Number.
C. If an employer has in
			 his employ a worker who does not have a Federal Social Security Account Number
			 and who has failed to file an application therefore within the period
			 prescribed in Paragraph B of this regulation, such employer shall, not later
			 than two weeks after the effective date of this regulation, or not later than
			 two weeks after the first day in which such employer employed such worker,
			 whichever occurs later, file an application for a Federal Social Security
			 Account Number for such worker. A worker who is engaged in employment for an
			 employer and who does not have a Federal Social Security Account Number, shall
			 not be relieved from his duty to file an application for a Federal Social
			 Security Account Number by reason of his employer's having filed an application
			 for him.
D. Applications for Social
			 Security Account Numbers shall be filed and the numbers obtained in accord and
			 compliance with the procedures of the Social Security Administration
			 appertaining thereto.
South Carolina Code of Regulations › Chapter 47 - DEPARTMENT OF EMPLOYMENT AND WORKFORCE › Article 2 - GENERAL REGULATIONS › Section 47-19 - Separation Notices

Current through Register Vol. 48, No. 6, June 28, 2024
A. Notice of
			 Filing:
1. A copy of each initial or
			 additional claim filed by a worker will be mailed and transmitted
			 electronically to his last employer regardless as to whether the latter is
			 liable or non-liable under the Act.
2. The employer must complete and return the
			 requested information in accordance with South Carolina Code Section
			 41-31-160
3. A liable employer other than
			 the last separating employer may be sent a Request to Employer for Separation
			 Information. This employer must complete and return the requested information
			 in accordance with South Carolina Code Section
			 41-31-160.
4. A failure to respond in a timely fashion
			 as set forth in A2 and A3 may result in the separation information not being
			 considered in rendering an initial determination on the claim.
South Carolina Code of Regulations › Chapter 47 - DEPARTMENT OF EMPLOYMENT AND WORKFORCE › Article 2 - GENERAL REGULATIONS › Section 47-20 - Types of Unemployment

Current through Register Vol. 48, No. 6, June 28, 2024
A.
			 "Non-Job-Attached Unemployment" means the unemployment of any individual in any
			 week during which he performs no services and with respect to which no wages or
			 wages totaling less than his weekly benefit amount are payable to him. Claims
			 for such benefits will be filed directly with the local Department office by
			 the individual and not an employer. The claimant will register for work with
			 the Department office and seek full time employment while pursuing such claim
			 for benefits.
B. "Job-Attached
			 Unemployment" means the unemployment of any individual who, during any week,
			 earns less than his weekly benefit amount, is employed by a regular employer,
			 and works less than his normal customary full-time weekly hours because of a
			 lack of full-time work. Any claim for benefits made under this definition will
			 be initiated by the employer and a continuing employer-employee relationship is
			 understood. In connection with any claim for benefits for job-attached
			 unemployment, the claimant shall declare the amount of his earnings [from any
			 source] for the seven day period for which he claims job-attached
			 benefits.
South Carolina Code of Regulations › Chapter 47 - DEPARTMENT OF EMPLOYMENT AND WORKFORCE › Article 2 - GENERAL REGULATIONS › Section 47-21 - Filing Claims for Benefits and Registration for Work

Current through Register Vol. 48, No. 6, June 28, 2024
A. Non-Job-Attached Unemployment Claim:
1. Individual Claims:
a. Initial Claims: Any individual may file an initial claim for benefits to establish a benefit year for the purpose of claiming benefits or waiting week credit for non-job-attached unemployment. The initial claim shall be filed using the Department's online benefits system or in any other manner approved by the Department and shall set forth that (1) he is unemployed and (2) he is available for work. Further, the claimant will be required to register for work through the South Carolina Works Online Services (SCWOS) system or in any other manner approved by the Department and be available for employment services.
b. Continued Claims: In order to establish eligibility for benefits or waiting period credit for succeeding weeks of non-job-attached unemployment during any continuous period of non-job-attached unemployment, the claimant shall continue to file as prescribed by the Department. When so directed, claimants will be required to report to appointments scheduled by the Department. The claimant will set forth:
i. That he has not worked or earned wages except as reported,
ii. That he has not refused any work offered to him, and
iii. That he is able and available to accept work and is looking for full-time employment.
South Carolina Code of Regulations › Chapter 47 - DEPARTMENT OF EMPLOYMENT AND WORKFORCE › Article 2 - GENERAL REGULATIONS › Section 47-23 - Offers of Work

Current through Register Vol. 48, No. 6, June 28, 2024
A. Section 41-35-120(5) directs that a claimant may be disqualified from the receipt of benefits should he fail without good cause to apply for available suitable work, when so directed by the employment office or the Department; or should he refuse to accept available suitable work when offered him by the employment office or the employer; or should he decline to return to his customary self-employment (if any) when so directed by the department.
1. Pursuant to the requirements of Section 41-35-120(5)(b), in determining whether work is suitable for an individual, the Department must consider, based on a standard of reasonableness, as it relates to the particular individual concerned, the degree of risk involved to his health, safety, morals, his physical fitness and prior training, his experience and prior earnings, his length of unemployment and prospects for securing local work in his customary occupation, and the distance of the available work from his residence.
a. In considering the prior earnings of a claimant and the length of unemployment:
i. Available suitable work within the first eight (8) weeks of eligibility for unemployment insurance benefits includes employment that pays ninety percent (90%) of the wage earned from the claimant's most recent bona fide employer. A claimant who refuses to accept work that pays at least ninety percent (90%) of the wage earned from the claimant's most recent bona fide employer has refused to accept available suitable work.
ii. Available suitable work once a claimant collects more than eight (8) weeks of unemployment insurance benefits includes employment that pays seventy-five percent (75%) of the wage earned from the claimant's most recent bona fide employer. A claimant who refuses to accept work that pays at least seventy-five percent of the wage earned from the claimant's most recent bona fide employer after collecting more than eight (8) weeks of unemployment insurance benefits has refused to accept available suitable work.
South Carolina Code of Regulations › Chapter 47 - DEPARTMENT OF EMPLOYMENT AND WORKFORCE › Article 2 - GENERAL REGULATIONS › Section 47-24 - "Week" Defined

Current through Register Vol. 48, No. 6, June 28, 2024
A. Week of
			 Non-Job Attached Unemployment:
1. Except as
			 otherwise provided in Item 2 of this Regulation, a week of non-job attached
			 unemployment with respect to any individual shall consist of the calendar week
			 of unemployment beginning with the Sunday prior to the day such individual
			 files such request.
2. A week of
			 unemployment of an individual affected by a mass separation, or by a strike,
			 lockout, or other labor dispute with respect to which a notice is filed by the
			 employer as provided in Sub-Item 47-21.A.2 and Item 47-21.D, shall consist of
			 the calendar week of unemployment beginning with the Sunday prior to the mass
			 separation, strike, lockout, or other labor dispute, and thereafter, the
			 calendar week of unemployment following any week of unemployment provided the
			 individual files as required by Sub-Items 47-21.A.2.b and 47-21.D.6.
South Carolina Code of Regulations › Chapter 47 - DEPARTMENT OF EMPLOYMENT AND WORKFORCE › Article 2 - GENERAL REGULATIONS › Section 47-25 - Wages Payable in Quarter

Current through Register Vol. 48, No. 6, June 28, 2024
A. "Quarter"
			 means the period of three consecutive calendar months ending on March 31, June
			 30, September 30, or December 31.
B. The terms "wages earned for employment"
			 and "wages payable" in connection with any particular period shall be deemed to
			 mean wages paid within that period in accordance with Section
			 41-27-380.
South Carolina Code of Regulations › Chapter 47 - DEPARTMENT OF EMPLOYMENT AND WORKFORCE › Article 2 - GENERAL REGULATIONS › Section 47-26 - Payment of Benefits to a Deceased Claimant

Current through Register Vol. 48, No. 6, June 28, 2024
A. Pursuant to the authority of Section
			 41-35-30
			 of the South Carolina Employment Security Law and in order to provide for the
			 payment of benefits in those cases where the claimant has filed a valid claim
			 and has compensation payable to him for weeks of unemployment and who dies
			 prior to receiving such compensation, the Department adopts the following
			 regulation:
1. If there is an executor or
			 administrator appointed within sixty (60) days, payment must be made to said
			 executor or administrator.
2. If
			 there is no executor or administrator appointed within sixty (60) days, payment
			 may be made upon written application as hereinafter set out:
a. To the surviving wife or husband; and if
			 there be none
b. To the minor
			 children; and if there be none
c.
			 To the adult children; and if there be none
d. To parents of the deceased; and if there
			 be none
e. To any person or persons
			 who were dependent upon the deceased; and if there be no person within the
			 foregoing classification, said payment to the deceased shall lapse and revert
			 into the unemployment trust fund.
3. In the event payment is made to minor
			 children as provided in Sub-Item A.2.b of this Regulation, the payments may be
			 made to any responsible adult with whom minor children are making their home,
			 upon a written pledge to use said payment for the benefit of the said minors,
			 will be considered proper and legal payment to the said minor children without
			 the requirement of formal appointment of a guardian.
South Carolina Code of Regulations › Chapter 47 - DEPARTMENT OF EMPLOYMENT AND WORKFORCE › Article 2 - GENERAL REGULATIONS › Section 47-28 - Military Service

Current through Register Vol. 48, No. 6, June 28, 2024
A. This
			 regulation shall apply only to those individuals who have volunteered or
			 enlisted or who have been called into any branch of military service or any
			 organization affiliated with the defense of the United States or the State of
			 South Carolina.
B. The first
			 benefit year following the termination of his military service shall be the one
			 year period beginning the Sunday prior to the day of making a request for
			 determination of insured status.
C.
			 With respect to the benefit year as defined in Paragraph B hereof, the base
			 period for such individual shall be the first four of the last five completed
			 calendar quarters immediately prior to the filing of the claim or the last four
			 of the last five completed calendar quarters if the individual does not qualify
			 monetarily under the traditional base period. Military wages shall be assigned
			 based on the requirements of Unemployment Compensation for Ex-Service members
			 (UCX), Title XV of the Social Security Act.
D. Any individual, as provided for above,
			 shall be ineligible for benefits for any week with respect to which or a part
			 of which he has received or is seeking unemployment benefits under another
			 unemployment compensation law of the United States.
E. All other provisions of the South Carolina
			 unemployment Law not inconsistent with the above and foregoing provisions shall
			 apply to the payment of claims for benefits filed hereunder.
South Carolina Code of Regulations › Chapter 47 - DEPARTMENT OF EMPLOYMENT AND WORKFORCE › Article 2 - GENERAL REGULATIONS › Section 47-29 - Payment of Benefits to Interstate Claimants and the Combination of Wage Credits

Current through Register Vol. 48, No. 6, June 28, 2024
A. The
			 following regulations shall govern the Department of Employment and Workforce,
			 in its administrative cooperation with other States adopting a similar
			 regulation for the payment of benefits to interstate claimants.
1. Definitions, as used in this regulation,
			 unless the context clearly requires otherwise:
a. "Interstate Benefit Payment Plan" means
			 the plan approved by the Interstate Conference of Employment Security Agencies
			 under which benefits shall be payable to unemployed individuals absent from the
			 State (or States) in which benefit credits have been accumulated.
b. "Interstate claimant" means an individual
			 who claims benefits under the unemployment insurance law of one or more liable
			 States in which claimant is not residing. The term "interstate claimant" shall
			 not include an individual who customarily commutes from a residence in an agent
			 state to work in a liable state unless the Department finds that this exclusion
			 would create undue hardship on such claimants in specified areas.
c. "State" includes the District of Columbia,
			 Puerto Rico, and the Virgin Islands.
d. "Agent state" means any state in which an
			 individual files a claim for benefits from another state.
e. "Liable state" means any state against
			 which an individual files, through another state or by other means as provided
			 by the liable state, a claim for benefits.
f. "Benefits" means the compensation payable
			 to an individual, with respect to his unemployment, under the unemployment
			 insurance law of any state.
g.
			 "Week of unemployment" includes any week of unemployment as defined in the law
			 of the liable state from which benefits with respect to such week are
			 claimed.
South Carolina Code of Regulations › Chapter 47 - DEPARTMENT OF EMPLOYMENT AND WORKFORCE › Article 2 - GENERAL REGULATIONS › Section 47-30 - Meaning of Terms

Current through Register Vol. 48, No. 6, June 28, 2024
Unless the context provides otherwise, terms used in rules,
				regulations, interpretations, forms and other official pronouncements issued by
				the Department shall, with respect to all terms which are defined in the Act,
				be construed in the sense in which they are therein defined.
South Carolina Code of Regulations › Chapter 47 - DEPARTMENT OF EMPLOYMENT AND WORKFORCE › Article 2 - GENERAL REGULATIONS › Section 47-31 - Public Employment Office

Current through Register Vol. 48, No. 6, June 28, 2024
The term "public employment office" as used in the South
				Carolina Employment Security Law with respect to the payment of benefits and as
				used in each rule, regulation, instruction, procedure or other matter
				promulgated by the Department pursuant to the South Carolina Employment
				Security Law shall be construed to mean a free public employment office
				operated by the state or the United States Employment
				Service.
South Carolina Code of Regulations › Chapter 47 - DEPARTMENT OF EMPLOYMENT AND WORKFORCE › Article 2 - GENERAL REGULATIONS › Section 47-32 - Time for Filing of Continued Claims (Non-Job Attached)

Current through Register Vol. 48, No. 6, June 28, 2024
A. Claimants for
			 unemployment compensation benefits shall be required to report and file claims
			 weekly in a timely manner and in accordance with such procedures as the
			 Department may adopt unless the Department shall prescribe for the bi-weekly
			 filing of claims, as set out below. A week claimed is considered timely if
			 received within fourteen (14) calendar days of the claim week ending date. The
			 claims representative in the Department office may accept any late filing of a
			 continued weekly claim for good cause shown.
B. The Department may at any time direct that
			 claimants for unemployment compensation benefits shall be required to report
			 and file claims bi-weekly in such manner and in accordance with such procedure
			 as the Department may adopt. The following provisions shall apply during any
			 period with respect to which the Department directed the bi-weekly filing of
			 claims.
1. All bi-weekly claims filed on the
			 date specified for claimant's reporting shall be deemed to have been taken for
			 the period of unemployment covered by the claim.
2. Delay may be excused for cause in
			 accordance with the provisions of Sub-Item 47-21.E.2 for not exceeding fourteen
			 (14) calendar days following the date specified for the claimant's
			 reporting.
3. The provisions of
			 Sub-Items 47-21.A.2 and C.1 are also amended to allow bi-weekly
			 reporting.
4. Any claimant who
			 returns to work on or before his next scheduled bi-weekly personal reporting
			 date may file with the local office, by mail, a report of "Return to Work," and
			 such report shall be deemed a continued claim for the intervening preceding
			 week or weeks.
5. All portions of
			 Department regulations in conflict with the provisions of this regulation are
			 hereby suspended.
South Carolina Code of Regulations › Chapter 47 - DEPARTMENT OF EMPLOYMENT AND WORKFORCE › Article 2 - GENERAL REGULATIONS › Section 47-33 - Employer Elections to Cover Multi-state Workers

Current through Register Vol. 48, No. 6, June 28, 2024
A. Relation to Subscribing States:
1. The following regulation, adopted under
			 Section
			 41-27-550
			 of the Employment Security Law, shall govern the Department of Employment and
			 Workforce in its administrative cooperation with other States subscribing to
			 the Interstate Reciprocal Coverage Arrangement, hereinafter referred to as "the
			 arrangement". Definitions: As used in this regulation, unless the context
			 clearly indicates otherwise:
a. "Jurisdiction"
			 means any state of the United States, the District of Columbia, Puerto Rico,
			 Canada, or, with respect to the Federal Government, the coverage of any Federal
			 unemployment compensation law;
b.
			 "Participating jurisdiction" means a jurisdiction whose administrative agency
			 has subscribed to the arrangement and whose adherence thereto has not
			 terminated;
c. "Agency" means any
			 officer, board, department, or other authority charged with the administration
			 of the Employment Security Law of a participating jurisdiction;
d. "Interested jurisdiction" means any
			 participating jurisdiction to which an election submitted under this regulation
			 is sent for its approval; and "interested agency" means the agency of such
			 jurisdiction;
e. "Services
			 'customarily performed' by an individual in more than one jurisdiction" means
			 services performed in more than one jurisdiction during a reasonable period, if
			 the nature of the services gives reasonable assurance that they will continue
			 to be performed in more than one jurisdiction or if such services are required
			 or expected to be performed in more than one jurisdiction under the
			 election.
South Carolina Code of Regulations › Chapter 47 - DEPARTMENT OF EMPLOYMENT AND WORKFORCE › Article 2 - GENERAL REGULATIONS › Section 47-34 - Notice of Benefit Determination and Appeal Rights

Current through Register Vol. 48, No. 6, June 28, 2024
Each notice of benefit determination, which is required to be
				furnished, shall in addition to stating the decision and its reasons include a
				notice specifying the parties appeal rights. The notice of appeal rights shall
				state clearly the place and manner for filing an appeal from the determination
				and the period within which an appeal may be taken.
South Carolina Code of Regulations › Chapter 47 - DEPARTMENT OF EMPLOYMENT AND WORKFORCE › Article 2 - GENERAL REGULATIONS › Section 47-36 - Review of Rulings with Respect to the Status, Liability, and Rate Contributions of an Employer or Employing Unit

Current through Register Vol. 48, No. 6, June 28, 2024
A. At the request of an employing unit or
			 employer or a field deputy, the Unemployment Insurance Tax Director or his
			 designee shall make an administrative determination with respect to the status,
			 liability, and rate of contributions applicable thereto, provided that such
			 request is made within thirty (30) calendar days of the date of mailing of a
			 proposed audit report, a liability notice, or a rate notice.
B. An administrative determination by the
			 Unemployment Insurance Tax Director or his designee concerning the status,
			 liability, or rate of contributions of an employing unit or employer (whether
			 issued initially or in accordance with paragraph A, supra), will be reviewed by
			 the Department upon the appeal of such employing unit or employer, PROVIDED:
1. The appeal be made in writing by an
			 officer/owner of the business or an attorney and mailed or delivered to the
			 Department not more than thirty (30) calendar days after the date of mailing of
			 such administrative determination, and
2. The appeal contains a clear and concise
			 statement of the reasons therefore.
South Carolina Code of Regulations › Chapter 47 - DEPARTMENT OF EMPLOYMENT AND WORKFORCE › Article 2 - GENERAL REGULATIONS › Section 47-40 - Establishment of Joint Account for Parent Employer and One or More Subsidiary Legal Entities Rendering No Employment

Current through Register Vol. 48, No. 6, June 28, 2024
Any parent "employer" which has common control over one or more
				subsidiary legal entities, furnishes all personnel services for such legal
				entities, has control over all employees, and pays the wages of all employees
				performing services for such subsidiary legal entities shall file combined
				contribution and wage reports quarterly with the Department and shall have one
				combined experience rating account inasmuch as such subsidiaries would not be
				liable by virtue of being an "employing unit" as defined in Section
				41-27-220.
South Carolina Code of Regulations › Chapter 47 - DEPARTMENT OF EMPLOYMENT AND WORKFORCE › Article 2 - GENERAL REGULATIONS › Section 47-41 - Bonding Requirements for Certain Nonprofit Organizations

Current through Register Vol. 48, No. 6, June 28, 2024
Any nonprofit organization or group of organizations which has
				become liable for payments of benefits in lieu of contributions and which does
				not possess title to real property and improvements within South Carolina
				valued in excess of two million dollars shall be required to post a surety
				bond, money deposit, or other securities with the Department to insure the
				payments in lieu of contributions. Such surety shall be filed with the State
				Treasurer in accordance with the requirements of that office. A determination
				relative to the value of real property and improvements of a nonprofit
				organization or group of organizations will be based on written information
				supplied by said organization certifying to the value. Such information or
				evidence shall be in the form of an audited financial statement or in other
				form acceptable to the Department.
The nonprofit organization or group of organizations shall be
				required to: (1) Post a money deposit; (2) Furnish an indemnity bond with a
				surety company authorized to do business within the State of South Carolina; or
				(3) In lieu of an indemnity bond, furnish U.S. Government bonds, obligations of
				the U.S. Government or obligations fully guaranteed both as to principal and
				interest by the U.S. Government; obligations of the Federal Intermediate Credit
				banks, Federal Home Loan banks, Federal National Mortgage Associations and
				banks for cooperatives and Federal Land banks; obligations of the State of
				South Carolina or any political subdivision thereof.
The amount of the surety bond, money deposit, securities, or
				other security shall be computed on the total wages paid by a nonprofit
				organization or group of organizations multiplied by the tax rate assigned to
				tax class 20. Total wages paid means wages as defined in Section
				41-27-380 of the
				law for the four completed calendar quarters immediately preceding the
				effective date of the election, the renewal date in the case of a bond, or the
				biennial anniversary of the effective date of election in the case of a deposit
				of money, whichever date shall be most recent and applicable. If the nonprofit
				organization did not pay wages in each of such four calendar quarters, the
				amount of the surety bond, cash deposit, securities, or other security shall be
				as determined by the Department.
South Carolina Code of Regulations › Chapter 47 - DEPARTMENT OF EMPLOYMENT AND WORKFORCE › Article 2 - GENERAL REGULATIONS › Section 47-42 - Child Support Intercept of Unemployment Benefits

Current through Register Vol. 48, No. 6, June 28, 2024
A. The Department may require an individual
			 filing a new claim for unemployment compensation to disclose, at the time of
			 filing such claim, whether or not the individual owes child support obligations
			 as defined under Item G In addition and pursuant to an agreement between the
			 Department and the state or local child support enforcement agency, the state
			 or local child support enforcement agency shall notify the Department if a
			 particular individual who has filed a new or continued claim for unemployment
			 compensation at the time of filing such claim owes child support obligations,
			 or if the state or local child support agency advises the Department that the
			 individual owes child support obligations and the individual is determined to
			 be eligible for unemployment compensation, the Department shall notify the
			 state or local child support enforcement agency enforcing such obligations that
			 the individual has been determined to be eligible for unemployment
			 compensation.
B. The Department
			 shall deduct and withhold from any unemployment compensation payable to an
			 individual that owes child support obligations as defined under Item G.
1. the amount specified by the individual to
			 the Department to be deducted and withheld under this Item, if neither (2) nor
			 (3) is applicable,
2. the amount if
			 any determined pursuant to an agreement submitted to the Department under
			 Section 454(20)(B)(1) of the Social Security Act by the state or local child
			 support enforcement agency, unless is applicable, or
3. any amount otherwise required to be so
			 deducted and withheld from such unemployment compensation pursuant to legal
			 process as that term is defined in Section 462(e) of the Social Security Act
			 properly served upon the Department.
South Carolina Code of Regulations › Chapter 47 - DEPARTMENT OF EMPLOYMENT AND WORKFORCE › Article 2 - GENERAL REGULATIONS › Section 47-43 - Exclusion of Claims for Extended Benefits in Determining the Rate of Insured Unemployment

Current through Register Vol. 48, No. 6, June 28, 2024
A. The
			 term "Rate of insured unemployment" for purposes of Section
			 41-35-330,
			 South Carolina Code of Laws, 1976, amended, means the percentage derived by
			 dividing:
1. The average weekly number of
			 individuals filing claims for regular state compensation in this state for
			 weeks of unemployment with respect to the most recent thirteen-consecutive-week
			 period, as determined by the Department on the basis of its reports to the U.
			 S. Secretary of Labor, by
2. The
			 average monthly employment covered under Chapters 27 through 41 of Title 41 of
			 the South Carolina Code of Laws, 1976, as amended, of the first four of the
			 most recent six completed calendar quarters ending before the end of such
			 thirteen-week period.
South Carolina Code of Regulations › Chapter 47 - DEPARTMENT OF EMPLOYMENT AND WORKFORCE › Article 2 - GENERAL REGULATIONS › Section 47-44 - Limitation on Trade Readjustment Allowances

Current through Register Vol. 48, No. 6, June 28, 2024
Notwithstanding any other provisions of Chapters 27 through 41
				of Title 41, South Carolina Code of Laws, 1976, as amended, if the benefit year
				of any individual ends within an extended benefit period, the remaining balance
				of extended benefits that such individual would but for this regulation be
				entitled to receive in that extended benefit period, with respect to weeks of
				unemployment beginning after the end of the benefit year, shall be reduced (but
				not below zero) by the product of the number of weeks for which the individual
				received any amounts as trade readjustment allowances within that benefit year
				multiplied by the individual's weekly benefit amount for extended
				benefits.
South Carolina Code of Regulations › Chapter 47 - DEPARTMENT OF EMPLOYMENT AND WORKFORCE › Article 2 - GENERAL REGULATIONS › Section 47-45 - Prohibition Against the Disqualification From Trade Readjustment Allowances When Enrolled for Approved Training

Current through Register Vol. 48, No. 6, June 28, 2024
A. Notwithstanding any other provisions of
			 Chapter 35 of Title 41 of the South Carolina Code of Laws, 1976, as amended, no
			 otherwise eligible individual shall be denied benefits for any week because he
			 is in training approved under Section 236(a)(1) of the Trade Act of 1974, nor
			 shall such individual be denied benefits by reason of leaving work to enter
			 such training, provided the work left is not suitable employment, or because of
			 the application to any such week in training of the provisions of this law or
			 any applicable federal unemployment compensation law relating to availability
			 for work, active search for work, or refusal to accept work.
B. For purposes of this regulation, the term
			 "suitable employment" means with respect to an individual, work of a
			 substantially equal or higher skill level than the individual's past adversely
			 affected employment as defined for purposes of the Trade Act of 1974, and wages
			 for such work at not less than eighty percent of the individual's average
			 weekly wage as determined for the purposes of the Trade Act of 1974.
South Carolina Code of Regulations › Chapter 47 - DEPARTMENT OF EMPLOYMENT AND WORKFORCE › Article 2 - GENERAL REGULATIONS › Section 47-48 - Suitable Work Requirements for Extended Benefits

Current through Register Vol. 48, No. 6, June 28, 2024
For the purposes of Section
				41-35-420(2)(d),
				South Carolina Code of Laws, 1976, as amended, the term "suitable work" means
				any work which is within the individual's capabilities to perform if the
				individual cannot furnish satisfactory evidence to the Department that his
				prospects for obtaining work in his customary occupation within a reasonably
				short period of time are good. If such evidence is deemed satisfactory for this
				purpose, the determination of whether any work is suitable with respect to such
				individual shall be made in accordance with the definition of suitable work
				contained in Section
				41-35-120,
				South Carolina Code of Laws, 1976, as amended, without regard to the definition
				specified by this regulation.
South Carolina Code of Regulations › Chapter 47 - DEPARTMENT OF EMPLOYMENT AND WORKFORCE › Article 2 - GENERAL REGULATIONS › Section 47-49 - Pension Reductions From Unemployment Benefits

Current through Register Vol. 48, No. 6, June 28, 2024
A. Section 414 of the Multi-employer Pension
			 Plan Amendments Act of 1980 ( PL 96-364 ) provides for the reduction of
			 unemployment benefits by pension payments on a pro-rata basis and
			 notwithstanding Section
			 41-27-370,
			 South Carolina Code of Laws, 1976, as amended, that in the event an individual
			 has participated in any pension, retirement or retired pay, annuity or other
			 similar plan of the base period employers by having made contributions to such
			 plan, the weekly benefit amount payable to such individual for such week shall
			 be reduced but not below zero,
1. by the
			 prorated weekly amount of the pension after deductions of that portion of the
			 pension that is directly attributable to the percentage of the contributions
			 made to the plan by such individual;
2. by no part of the pension if the entire
			 contributions to the plan were provided by such individual, or by the
			 individual and an employer or any other person or organization who is not a
			 base period employer; or
3. by the
			 entire prorated weekly amount of the pension if Item 1 or Item 2 of this
			 regulation does not apply.
South Carolina Code of Regulations › Chapter 47 - DEPARTMENT OF EMPLOYMENT AND WORKFORCE › Article 3 - APPEALS REGULATIONS › Section 47-51 - Appeals to the Appeal Tribunal

Current through Register Vol. 48, No. 6, June 28, 2024
A. The
			 Presentation of Appeals.
1. The party
			 appealing from any determination of a claims adjudicator or special examiner
			 shall file electronically, by fax, by mail, or otherwise deliver to the
			 Department a Notice of Appeal, setting forth the grounds for the appeal. Copies
			 of the Notice of Appeal shall be mailed or electronically delivered to the
			 other interested parties.
2. Upon
			 the scheduling of a hearing for an appeal, a Notice of Hearing shall be mailed
			 to all interested parties to the appealed claim at least seven (7) calendar
			 days prior to the date of hearing, specifying the place and time of hearing,
			 and the hearing official.
South Carolina Code of Regulations › Chapter 47 - DEPARTMENT OF EMPLOYMENT AND WORKFORCE › Article 3 - APPEALS REGULATIONS › Section 47-52 - Appeals to the Appellate Panel

Current through Register Vol. 48, No. 6, June 28, 2024
A. The
			 Presentation of Application for Leave to Appeal to the Appellate Panel.
1. The Party appealing from the decision of
			 an Appeal Tribunal shall file online, by fax, by mail, or otherwise deliver to
			 the Department, a Notice of Appeal, setting forth the grounds for the appeal as
			 set forth in Chapter 35 of Title 41 of the South Carolina Code of Laws, 1976,
			 as amended. Copies of the Notice of Appeal shall be mailed or electronically
			 delivered to the other interested parties of the appeal.
2. The Appellate Panel may decide an Appeal,
			 filed under Regulation Regulation Regulation 47-52, A.1, without hearing, or
			 may notify the interested parties to appear before it at a specified time and
			 place for oral argument. Notices of such oral argument shall be mailed to the
			 interested parties to the decision of the Appeal Tribunal at least seven (7)
			 calendar days before the date of the hearing.
3. If leave to appeal to the Appellate Panel
			 is granted, the Appellate Panel may schedule a hearing. Notice of hearing on
			 the form provided shall be mailed at least seven (7) calendar days before the
			 date fixed for hearing, specifying the matters to be heard and the place and
			 time of hearing to all interested parties.
South Carolina Code of Regulations › Chapter 47 - DEPARTMENT OF EMPLOYMENT AND WORKFORCE › Article 3 - APPEALS REGULATIONS › Section 47-53 - Issuance of Subpoenas

Current through Register Vol. 48, No. 6, June 28, 2024
A.
			 Subpoenas to compel the attendance of witnesses and the production of records
			 for any hearing of an appeal shall be issued by the Department or its
			 authorized representative or an Appeal Tribunal.
B. Subpoenas for witnesses shall be issued
			 only for the witnesses shown to be necessary in the application.
C. Witnesses subpoenaed for any hearing
			 before an Appeal Tribunal shall be paid witness and mileage fees by the
			 Department in accordance with the schedule allowed witnesses in the Court of
			 Common Pleas of the County in which the hearing is held.
South Carolina Code of Regulations › Chapter 47 - DEPARTMENT OF EMPLOYMENT AND WORKFORCE › Article 3 - APPEALS REGULATIONS › Section 47-54 - Orders for Supplying Information from the Records of the Agency

Current through Register Vol. 48, No. 6, June 28, 2024
A. Orders for
			 supplying information from the records of the Department to a claimant or his
			 duly authorized representative, to the extent necessary for the proper
			 presentation of a claim, shall issue only upon application therefore, which
			 shall state, as nearly as possible, the nature of the information desired, and
			 its relevancy to the claim.
B. In
			 all cases where an order to supply a claimant or his duly authorized
			 representative with information from the records is issued, the party shall be
			 furnished such information.
South Carolina Code of Regulations › Chapter 47 - DEPARTMENT OF EMPLOYMENT AND WORKFORCE › Article 3 - APPEALS REGULATIONS › Section 47-55 - Representation before Appeal Tribunal and the Appellate Panel

Current through Register Vol. 48, No. 6, June 28, 2024
A. Parties and Their Representatives in General.
1. An individual person not admitted to practice law in South Carolina may represent himself or herself in any proceeding before an Appeal Tribunal or the Appellate Panel but may not represent another person except as expressly allowed by this regulation. A party proceeding without legal representation shall remain fully responsible for compliance with the Department's regulations and the Administrative Procedures Act.
2. Department employees may represent the Department in any proceeding before an Appeal Tribunal or the Appellate Panel.
3. State, local, and federal government employees may represent their offices, agencies, or both before the Appeal Tribunal or the Appellate Panel.
South Carolina Code of Regulations › Chapter 47 - DEPARTMENT OF EMPLOYMENT AND WORKFORCE › Article 3 - APPEALS REGULATIONS › Section 47-56 - Inspection of the Decisions of the Appeal Tribunals and the Appellate Panel

Current through Register Vol. 48, No. 6, June 28, 2024
A. Originals of all
			 decisions of the Appeal Tribunal and the Appellate Panel shall be kept on file
			 at the office of the South Carolina Department of Employment and Workforce,
			 Columbia, South Carolina, and shall be subject to inspection by the parties
			 thereto, or their duly authorized representatives, subject to the provisions of
			 Sections
			 41-29-150
			 and
			 41-29-170
			 of South Carolina Law.
B. Copies of
			 the complete file of decisions of Appeal Tribunal and the Appellate Panel shall
			 be open to the public for inspection, but such copies shall not reveal the
			 identity of the parties.
South Carolina Code of Regulations › Chapter 47 - DEPARTMENT OF EMPLOYMENT AND WORKFORCE › Article 3 - APPEALS REGULATIONS › Section 47-57 - Appeal to the Courts

Current through Register Vol. 48, No. 6, June 28, 2024
A. Any party to
			 the appeal before the Appellate Panel who has exhausted his remedies before the
			 Department may, within such time as specified in South Carolina law, Section
			 41-35-750,
			 file a petition with the court designated by this section for a review of the
			 decision of the Appellate Panel.
B.
			 The party filing the petition for the review shall serve a copy of the petition
			 upon the Department by delivering a copy to the Legal Department of the
			 Department of Employment and Workforce at its central office in Columbia, South
			 Carolina.
South Carolina Code of Regulations › Chapter 47 - DEPARTMENT OF EMPLOYMENT AND WORKFORCE › Article 4 - UNEMPLOYMENT INSURANCE › Section 47-100 - Cause Other Than Misconduct

Current through Register Vol. 48, No. 6, June 28, 2024
Under South Carolina Code Annotated Section
				41-35-120(2)(b),
				if a claimant is discharged for cause other than misconduct, the claimant is
				partially disqualified from unemployment insurance benefits. "Cause other than
				misconduct" is conduct that demonstrates a level of fault of the employee but
				does not rise to the level of deliberate disregard for the standards of
				behavior which the employer has the right to expect of his or her employee.
				Fault includes those acts or omissions of employees over which an employee
				exercised reasonable control and which violate reasonable requirements of the
				job.