South Carolina (SC) Labor and Employment Laws

September 21st, 2006 Posted by Marilyn

Working in South Carolina means that you have protected rights in the workplace. Employers are limited in their employment practices by South Carolina (SC) Labor and Employment Laws. These laws are in place to protect the interests of all involved in the workforce. Unemployment, Disability and Workers Compensation are also covered under these laws.

One main concern of all employees is the payment of wages. Employers are required to provide in writing the terms of payment at the time of hire. They should also be given information about any deductions that might be made. While South Carolina (SC) Labor and Employment Laws do not require employers to offer any type of benefits such as insurance, retirement or paid time off, most employers have some type of incentives. Most employers give their employees regular breaks even though they are not required to do so.

South Carolina is one of the only states that do not have a minimum wage law. It is known as an employment at will state which means that employers and employees under South Carolina (SC) Labor and Employment Laws may terminate the working relationship at any time without notice and without cause. The only exception would be if someone were terminated on the basis of race, color, age, sex, handicap or disability, national origin, and/or religion. This would be a violation of discrimination laws.

South Carolina (SC) labor and employment laws cover all aspects of employment. As an employee or even if you are looking for a job it is a good idea to get familiar with at least the basics. This way you have a better understanding of your rights and responsibilities on the job. Parents should be especially concerned with child labor and safety laws so that their children are not being taken advantage of.

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Posted in Employment Laws, Labor and Employment, South Carolina

  1. Posted by: Daniel Lloyd

    Does South Carolina law require an employer to pay accrued company vacation to an employee who is terminated for cause or choose to voluntarily quit their job.

    Or is the company obligated by law to pay all wages due the employee for which they are eligibe (vacation) regardless of the reason for their termination?

  2. Posted by: Amelia

    Hi Daniel! A number of states require that employees be paid for unused vacation time at termination. South Carolina does not. Under state law, vacation time is not considered wages. It is considered a benefit that the employer voluntarily offers to employees. As such, the employer establishes the policies regarding it. As long as the policies are enforced fairly and consistently, they are lawful. This answer would be different in other states. HTH, and thanks for reading the blogs!~ Amelia

  3. Posted by: Adam

    In South Carolina, is it legal for the employer to change or withhold hour(s) worked and accounted for on a time card because of damaged company property? Does the fact that this was done without the employee being told of it change anything. is there any federal law prohibiting these actions?

  4. Posted by: Amelia

    Hi Adam! Some states put severe restrictions on the deductions an employer can make from an employee’s paycheck. South Carolina does not. An employer is allowed to make a deduction for company property, especially if the employee has signed a handbook or agreement that such deductions are allowed. This is a grey area under federal law. The deduction may be unlawful under the FLSA or Fair Labor Standards Act if it results in the employee being paid less than the federal minimum wage for the number of hours worked during the payroll period. However, not every South Carolina employer is subject to the FLSA — and there is no state minimum wage law to protect those workers. HTH, and thanks for reading the blogs!~ Amelia

  5. Posted by: Bren Blevins

    If several employees were allowed access to a supervisor inter-office email by the supervisor neglience of putting an ICON in an office memo that allowed you to click on it and it took you to her email account can they be fired for looking at it no matter if they looked once or hundred times or more.

    Can there be different punishments for each employee depending on the amount of times they looked?

  6. Posted by: Greg

    In South Carolina, can an employer add more work to your job, without compensating it with pay? And also, can an employer take away the half time on anything over 40 hours?

  7. Posted by: Amelia

    Hi Bren! First of all, South Carolina has “employment at will” meaning an employee can be terminated at any time, with or without reason. So the employer could certainly terminate one or more of these employees. And frankly, termination is appropriate for employees who used the icon more than once or twice.
    We’re going to read between the lines a little here. It appears that the supervisor inadvertantly placed an icon in one or more emails, that enabled employees to view her work email account. It also appears that some employees may have clicked on the icon only once. When they realized what it was, they did not view the supervisor’s email again. However, other employees may have regularly viewed the supervisor’s email. So, yes, it is appropriate for the employees who regularly viewed the emails to have greater consequences than those who only saw it once or twice.
    Suppose two employees each viewed the email account more than 50 times. One is terminated, and one is given a written warning. If that action was taken due to the employees race, color, sex, etc. that would be illegal discrimination. But this sounds like a perfectly reasonable response. Frankly, the employees should have known there would be severe consequences for repeatedly viewing their supervisor’s email account. HTH, and thanks for reading the blogs!~ Amelia

  8. Posted by: Amelia

    Hi Greg! Yes, the employer in South Carolina or anywhere else can increase an employee’s responsibilities without increasing pay. It happens almost every day.
    The federal FLSA or Fair Labor Standards Act requires that employers pay hourly workers 1.5 times the employee’s average rate for overtime (over 40 hours per payroll week.) However, the FLSA only applies to employers that engage in interstate commerce or have annual revenue over $500,000 per year. South Carolina has no minimum wage or overtime law, so if the employer is not covered by the FLSA, they need not pay overtime. HTH, and thanks for reading the blogs.~Amelia

  9. Posted by: wayne

    #1 - If you give a two week notice and you supervisor request you not to work it, do they have to compensate you for the time lost?

    #2 - If you sign a non compete contract and upon leaving the company your supervisor says he wishes you sucess knowing you are going to go to work for their competition will the contract hold up?

  10. Posted by: wayne

    What constitutes a salaried employee? I have worked for a company for the past 11 years as a salaried employee. I spent the most of that time as a department manager with one sometimes two emploees working under me but most of the time it was just me. I was the only person assigned to that particulr department. Does a company have the right to do this?

  11. Posted by: Amelia

    Hi wayne! 1) No. The employer can let any employee go when they give notice, and simply pay the worker for time worked. 2) No. The supervisor is merely being polite when he wishes you the best. You should consult an attorney to see if the noncompete agreement will hold up. HTH, and thanks for reading the blogs!~ Amelia

  12. Posted by: Amelia

    Hi wayne! This is a fairly complex issue. Under the federal FLSA or Fair Labor Standards Act, any employee can be paid on salary. It makes figuring payroll easier, especially if the employee normally works 40 hours per week. However, only certain employees are salaried exempt. These are the ones that most people mean when they say “salaried employees”, as in “salaried employees are not entitled to overtime.”
    The FLSA regulations recognize 5 classes of salaried exempt employees: Outside Sales, Executives, Administrators, Professionals and Computer Pros. Even though you do not supervise anyone, you may very well be a salaried Administrator, Professional or Computer Pro. Whether or not you qualify as exempt depends upon a) your salary and b) your primary duties. Read the guidelines below, and if you need more info, post another question.
    Exempt employees must usually be paid their regular salary for the week, regardless of the quantity or quality of work performed. However, they are never entitled to overtime. HTH, and thanks for reading the blogs!~ Amelia
    Read more about this at: http://www.dol.gov/esa/whd/regs/compliance/fairpay/fs17a_overview.pdf

  13. Posted by: wayne

    I found in the link you posted where Hazard Material Handlers could not be salaried. Would this apply if a company required you to have Hazard Materials endorsments on your divers licence for the purpose of hauling restricted hazrdous chemicals?

  14. Posted by: Amelia

    Hi Wayne! Check with the South Carolina Department of Labor to be sure. HTH, and thanks for reading the blogs!~ Amelia

  15. Posted by: Robert

    I lost my job in a RIF in SC. Does South Carolina have any laws regarding the amount of severance pay you should receive? I’ve been offered a month’s pay for 3 years of service. I had over a week’s vacation left as well. I know South Carolina doesn’t consider vacation time, but still to me that’s a week’s pay per year, and is pretty paltry considering my dedicated service. What are my options in terms of negotiating for more severance pay? I have not yet signed the severance, and believe I may have other legal options available (my situation appears targeted and others with less seniority and skills kept their positions).

  16. Posted by: Amelia

    Hi Robert! We wish we could offer more hope, but we really can’t. There is no state in the union that requires that any employer offer any severance pay to any employee, ever. It is strictly up to the employer’s discretion. Under the current economic conditions, 1 to 3 months is actually fairly generous. You can certainly try to negotiate more severance pay. However, be aware that the employer can also withdraw their offer at any time, and simply terminate you with no severance.
    The one piece of advice that we offer is that the terminated employee should never, never give up the right to file for unemployment. It’s just too hard to find another job right now.
    There is no legal requirement that employers consider seniority when laying employees off. As long as the employer does not choose whom to lay off based on a protected status (such as race, color, sex, pregnancy, religion, age between 40 and 70, etc.) then it is perfectly legal. An employer can even choose to lay off the most senior (and therefore highest-paid) employees. If you genuinely feel that you are the target of illegal discrimination, by all means file a complaint with the EEOC. HTH, and thanks for reading the blogs!~ Amelia

  17. Posted by: Jean

    My husband has had to work for the last 11 days without a day off. His normal work week is Monday through Friday and he has recently been cut back to 35 hours a week. Are South Carolina employers required to give a day off? Also, he works overtime occasionally and since the economy has taken a hit, they will only pay him for 40 hours. The most recent instance was when he was required by his employer to travel somewhere else in the state for a certification test. Because he was not billable to a client for that period of time, they made him change his time card to reflect 40 hours instead of 52. Is this legal?

  18. Posted by: Amelia

    Hi Jean! There is no South Carolina law that would prevent an employee from working 7 days per week. A few states like Illinois have such a law — South Carolina does not.
    It is perfectly legal for the employer to tell workers not to put in more than 40 hours per week, because they don’t want to pay overtime. However, if your husband actually worked 52 hours in the payroll period, then he must be paid for the time he worked under the federal minimum wage law. (Note that some types of travel — such as being a passenger on a plane or in a car — are not considered “work” under the law if they occur outside the employee’s usual work hours.) Your husband can file a wage claim with the US Department of Labor at http://www.dol.gov. HTH, and thanks for reading the blogs. ~Amelia

  19. Posted by: Kent

    Can an employer require an exempt employee to take off for a complete day and use paid leave (sick/vacation) for appointments? History: In the past, If you were scheduled to work 6 - 2 (8 hours) and had to leave early to make a 1 o’clock appointment, nothing was said. Now that we are required to clock in and out with a time clocks, some are looking to see if we worked 40 hours. Of course during a week that we have an appointment we may only show 38 hours. We use to enter a comment into the time keeping system, explaining why we were short 2 hours, but were told that we had to stop that practice because we were exempt employees. We also have a bargaining unit that has complained to management that it is not fair for exempt employees to be absent part of the day without using paid time, while the BU does. Now management is telling us that we must work a min of 40 hours per week and if we have an appointment that can’t be scheduled on “off” time, then we must not come to work and use 8 hours of paid leave for that entire day, of the appointment. Is this legal?

  20. Posted by: Amelia

    Hi Kent! Yes, this is legal. With the economic downturn, many employers who were casual about the number of hours exempt employees worked are now taking a closer look at it, to make sure they are getting full value from each employee. And in a way, the union employees are right — it is not fair if exempt employees come and go as they please. Employers set the policies in the workplace and they have the right to set new policies when they like.
    The employer can establish an expected workweek for exempt employees. Frankly, if your employer is expecting only 40 hours per week from exempt employees, you are very fortunate. We get queries every week from exempt employees who are expected to work 60, 80 or more hours per week without any additional compensation.
    When an exempt employee works only part of the day, under the federal FLSA the employer must pay the employee his or her full salary for the day. However, the employer can discipline or terminate the exempt employee for not putting in the number of hours that is expected.
    Employers are not required by law to give workers benfits like paid leave. If the employer does provide paid leave, then the employer sets the policies regarding it. In your case, the employer has decided to permit paid leave only in segments of days — not in partial days or hours.
    If you have a serious health condition, you may be entitled to unpaid leave for doctor’s appointments under FMLA. If you have a permanent disability, you may be entitled to unpaid time off for medical appointments or treatments related to that disability. But for routine doctor’s appointments, those do not apply. HTH, and thanks for reading the blogs!~ Amelia

  21. Posted by: Steve

    If an employee is laid off and an agreement was made to pay that employee all commissions due when the future jobs are completed, does the employer have the right to terminate that arrangement at a later time before all the commissions have been paid? The agreement was originally a verbal one but is backed up by several emails and the fact that 3 months of commissions have already been paid. Thanks.

  22. Posted by: Amelia

    Hi Steve! Your oral agreement with the employer may be binding, but you need to take the employer to small claims court, or hire an attorney and sue the employer to receive the money. In many states the state Department of Labor will assist an employee in collecting commissions — but not in South Carolina. HTH, and thanks for reading the blogs!~ Amelia

  23. Posted by: Helen

    Message: is it legal for a company to lock a time clock? For example; my hours are
    8-5, if I come in early and begin work say at 730
    The time clock will not accept the scan prior to 755. If I do not clock. Out by 505 I’m
    locked out. it shows as a not
    Scheduled. If I work late my manaager has to manually input my time. One dept
    Even has to work late often and while they don’t punch out their time is still 8-5.
    Is it illegal to not be paid for overtime?

  24. Posted by: Amelia

    Hi Helen! Yes, the way this timeclock feature is being used is unlawful. Under federal law, an employer must pay workers for all time worked. The federal FLSA or Fair Labor Standards Act requires that employers keep accurate records of the time employees worked for 3 years. If an employee begins work at 7:30 but the timeclock shows the employee clocked in at 7:55, that is not an accurate payroll record.
    Many employers use this feature to alert them when an employee is working overtime. The timeclock records the time worked, but a manager has to approve it. This helps employers control overtime because managers are always aware of it. However, even if an employee is working unauthorized overtime, the employee must be paid for it. The employee can be disciplined or terminated for working unauthorized overtime, but must be paid.
    To answer your second question, yes, it is illegal under federal law to not be paid for overtime. Under the FLSA, employees are entitled to overtime at 1.5 times the employee’s average rate, when the employee works more than 40 hours in the payroll week. Not every South Carolina employee is covered by the federal FLSA, but most are. Our suggestion is that you track the exact hours you work for a few weeks. If you are not paid for all your overtime, file a wage complaint with the Wage and Hour Division of the U.S. Department of Labor at http://www.dol.gov.They will investigate the complaint, and force the company to pay any wages owed, plus penalties and fees. (You should also discretely encourage coworkers to do the same.) It is illegal for an employer to take negative actions against you for filing a wage and hour complaint. HTH, and thanks for reading the blogs!~ Amelia

  25. Posted by: Diana

    In South Carolina is it legal for an employer to edit the time an employee clocks in or out with fifteen minute increments? example: my boyfriend has to be at work at 4. If he clocks in at 4:03, the records on file showing when he clocked in says 4:15 or if he clocks out at 11:50 the records will say that he clocked out 11:30. these changes being made are always in favor of the employer having to pay my boyfriend for less time than he actually worked. is this legal, is it legal to only allow employees to clock in at certain times, like if you are 2 mins late you have to wait until 15 or 30 mins after the hour before you can clock in

  26. Posted by: Amelia

    Hi Diana! The answer to your first question is “no.” Under the federal minimum wage law, the FLSA, the employer must pay workers for all the time they work. There is a “seven minute rule” that permits the employer to round the time to the nearest 15 minutes. For example, if an employee clocked in at 4:07 or earlier, that would be rounded to 4:00. If the employee clocked in at 4:08 or later, that would be rounded to 4:15. The FLSA permits this rounding specifically because it makes processing payroll easier, and it benefits the employee as often as it benefits the employer. However, if the employer enforces a different “rounding” policy that is always in the employer’s favor, that is unlawful. Your boyfriend should keep accurate written records of all hours worked and file a wage complaint with the U.S. Department of Labor at http://www.dol.gov.
    Not permitting the employee to clock in is a gray area. It might be lawful, if the employee is permitted to leave the premises for that half-hour or fifteen minutes before clocking in. The solution to that dilemma is easy — the employee simply needs to be on time. HTH, and thanks for reading the blogs!~ Amelia

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