December brings holiday cheer, mistletoe, and the time for employers to update their South Carolina labor law posters.
There are a number of changes to the 2008 South Carolina labor law posters. Every employer is required by law to display these posters in a prominent position, where they can be seen by employees and applicants alike. Popular choices are the break room, near the time clock or in a back hallway.
Employers who fail to display posters face penalties and hefty fines.
It is especially important that employers display the updated 2008 South Carolina labor law posters, since the 2007 brought 70-cent increase in the federal minimum wage, from $5.15 to $5.85 per hour, in July.
In 2007, the first minimum wage increase in more than a decade affected nearly all South Carolina workers. This is because South Carolina is one of only 5 states without a minimum wage at the state level. The other states without a minimum wage are Mississippi, Alabama, Louisiana and Tennessee. An additional 70-cent increase in the federal minimum wage is scheduled for July 24, 2008 when the rate goes from $5.85 to $6.55 per hour. On July 24, 2009 the final 70-cent increase will take the federal rate from $6.55 per hour to $7.25 per hour.
Even with the most recent increase in the federal minimum wage, more than 50% of the states have minimum wages that are higher than the federal rate. And, at least 26 states will increase the state minimum wage again in 2008.
For 2008, the South Carolina labor law posters are:
- Right-to-Work Laws
- Payment of Wages
- Child Labor
- OSHA – Health and Safety Protection on the Job
- Discrimination Notice
- Workers’ Compensation
- Unemployment Insurance
These posters must be displayed by every employer in the state.
In addition, federal law mandates a number of posters having to do with labor laws on the national level. These include:
- USERRA – Uniformed Services Employment and Reemployment Rights Act
- Equal Employment Opportunity is the Law
- Federal Minimum Wage
- Employee Polygraph Protection Act
- Family and Medical Leave Act
- OSHA-Job Safety & Health Protection
The labor laws covered by labor law posters vary widely from state to state within the country. Overtime laws and the minimum wage rates for tipped employees are two areas of labor law that vary widely from one state to another.
The federal rate for tipped employees is $2.13 an hour. Kentucky, Nebraska, and Indiana follow that rate. Kansas is only $1.59. Massachusetts is $2.63 and Michigan is $2.65. Wisconsin is at $2.33 and North Carolina at $2.43. Connecticut hotel and restaurant workers get overtime on the 7th consecutive workday.
Tipped workers get the normal minimum wage in Washington State – $8.07 per hour on January 1. In Hawaii, tipped workers get $7 an hour compared to the normal rate of $7.25. Colorado’s rate for tipped workers is going to $4.02 in 2008.
Some states have no overtime laws of their own, and are covered by the federal law. Others have passed laws mirroring or extending the federal laws.
Federal law requires workers be paid an overtime rate of 1.5 times their normal hourly wage for any hour over 40. Florida, Georgia, Arizona, Delaware, and Idaho have no overtime laws. Federal law is operable.
Nebraska mirrors the 40-hour federal rule, but extends it to all businesses with 4 or more workers. Others mirroring the 40-hour guide are Massachusetts, Michigan, and Illinois.
Overtime does not kick in until after 46 hours in Kansas, or 48 hours in Minnesota.
In Kentucky, workers get overtime after 40 hours and on the 7th consecutive workday regardless of the number of hours put in on that day. Colorado employees receive overtime after a 40-hour week or a 12-hour day.
California workers can get overtime for more than 8 hours in a day, 40 hours in a week, or the 7th day of 7 consecutive days.
South Carolina requires the labor law posters for South Carolina to be displayed in businesses throughout South Carolina. These posters outline the rights and protections workers are afforded under state and federal laws. It is the employer’s responsibility to make sure the correct labor law posters for South Carolina are displayed in the correct spot in the workplace.
The South Carolina Department of Labor, License, and Regulation currently requires two labor law posters for South Carolina to be displayed in the workplace. They are: the Labor Law Abstract (Payment of Wages, Child Labor, Right-to-Work) and OSHA (Occupational Safety and Health).
There are other state agencies that require state postings for the labor law posters for South Carolina as well. The posters are: Workers Pay No Part of the Cost for Job Insurance, Equal Opportunity is the Law, and If you Become Unemployed the Workers’ Compensation Commission’s Workers’ Comp Works for You.
Obviously the federal posting requirements for the labor law posters for South Carolina are the same as the other states in the United States.
The exact requirements for each workplace depend on the type and size of the business. If the law doesn’t apply to a business, the labor law posters for South Carolina that explain that law don’t need to be displayed in that workplace.
The labor law posters for South Carolina must be placed in an area where all employees have a very good chance of seeing them. The posters should be in a well-lit area where employees are known to gather. Usually the labor law posters for South Carolina will be placed near a time clock or in a break room.
Employers must make sure they display the correct labor law posters for South Carolina in the appropriate areas. Failure to follow the laws and regulations may result in a fine and/or a penalty.
Employers are urged to update their discrimination posters through a service that provides labor law posters for South Carolina in view of the Statewide Minority Issues Conference and Business Expo “Multicultural Collaboration: Strengthening Our Community.” The event, sponsored by the South Carolina Department of Labor, Licensing and Regulation, was held August 29-31 at the Brookland Community Resource Center in West Columbia, South Carolina. Employers registered by contacting their local South Carolina Department of Labor, Licensing and Regulation office.
As South Carolina’s workforce becomes increasingly multicultural, there is an emphasis on prominently posting anti-discrimination posters. The conference encouraged and facilitated multicultural collaboration and cooperation among Native Americans, African Americans, Hispanics/ Latinos, and other ethnic groups to foster prosperity for minority populations throughout the State of South Carolina.
Many employers are demonstrating their support for a diverse work force by ordering mandatory posters in both English and Spanish versions. At the conference, additional tactics that employers may use to target minority workers will be discussed. Multicultural panels of experts will discuss the following strategic issues, including the similarities and differences in the approach to service delivery, in the various minority cultures:
Jobs-Unemployment and Underemployment
Income and Wealth Creation
Minority Business and Venture Capital
Health Status and Care
Few employers are aware that they can be cited and even fined in some cases for failing to properly display mandatory posters. South Carolina has more stringent posting requirements than many states. Posters required by the State of South Carolina include:
As you probably already know, South Carolina law states that all employers must post South Carolina Department of Labor posters in an area that is visible and accessible to employees so that they can be informed of their labor law rights. These South Carolina Department of Labor posters include individual state and federal labor law notices that are mandated by the State of South Carolina.
The state posters address Right to Work, Payment of Wages, Child Labor, OSHA, Protection on the Job, Discrimination, Workers’ Compensation, and Unemployment Insurance, while the federal posters explain Equal Opportunity Employment, Federal Minimum Wage, the Employee Polygraph Protection Act, the Family and Medical Leave Act, and OSHA’s Job Safety and Health Protection Act. Oh, and there’s a new one added as well—the Uniformed Services Employment and Reemployment Rights Act (USERRA).
Before I elaborate on this new addition I did want to mention that South Carolina Department of Labor posters are changed frequently. And it’s the law to have a current one posted. Regardless, it’s probably a good idea for both employers and employees to have the most current labor laws at hand.
Okay, so back to the new addition on the South Carolina Department of Labor posters. The federal USERRA poster has been added, which veterans—or anyone who employs veterans for that matter—will find particularly interesting. This poster helps vets understand employee eligibility and job entitlements, employer obligations, benefits, and remedies under the Act. The law itself is intended to encourage non-career uniformed service so America can benefit from the protection of those people. Basically, it allows our country to be served by qualified people while also allowing public and private businesses the opportunity to depend on those same individuals.
Anyway, just wanted to make sure you were aware of that change to the South Carolina Department of Labor posters. I’ll be sure to keep you updated if I hear of anything else.
We’ve covered North Carolina earlier in a blog entry, but now we’re on to its southern neighbor, South Carolina, and I can’t stress enough that these two states are distinctive and worthy of their own looks here at the site.
For instance, in the South Carolina Compliance Posters, there are some similarities with the postings in the North Carolina postings. They contain the same six mandatory federal postings, of course, which we’ve seen in many of the other states that we’ve looked at, with or without the word “Carolina” in their name.
Also, just as in North Carolina, employers in the south must put their South Carolina Compliance Posters in places that all employees can see them. However, the South Carolina Compliance Posters must be placed in two locations in the office, according to the South Carolina Department of Labor, Licensing, and Regulation.
Another difference: There are six state postings that are mandatory members of the South Carolina Compliance Posters, including the unemployment insurance posting, the workers’ comp posting, the right to work laws posting, the child labor wages posting, the discrimination notice, and the OSHA workplace safety and health posting.
The three of the postings, the OSHA, the payment of wages, right to work, and the child labor postings are all from the South Carolina Department of Labor, Licensing, and Regulation. The Employment Security Commission also puts out another posting called the “Workers Pay No Part of the Cost for Job Insurance,” as well as the “If You Become Unemployment” posting.
Also, the Workers’ Compensation Commission puts out the state’s workers’ comp posting in the South Carolina Compliance Posters. And the Human Affairs Commission puts out the “Equal Opportunity is the Law” posting. No matter which department these postings come from, though, employers need to have all of them to meet the rules and regulations surrounding the South Carolina Compliance Posters.