Bill 52

                    Current Status

BillNumber:                52
Ratification Number:       263
Act Number:                180
Introducing Body:          Senate
Subject:                   State Employment Service, operation of

(A180, R263, S52)

AN ACT TO AMEND TITLE 41, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LABOR, BY ADDING CHAPTER 42 SO AS TO PROVIDE FOR THE OPERATION OF THE STATE EMPLOYMENT SERVICE BY THE EMPLOYMENT SECURITY COMMISSION; TO AMEND SECTION 41-3-120, RELATING TO CERTAIN ENFORCEMENT POWERS OF THE COMMISSIONER OF LABOR, SO AS TO FURTHER PROVIDE FOR SUCH ENFORCEMENT POWERS; TO AMEND SECTIONS 41-11-110 AND 41-11-170, RELATING TO THE PAYMENT OF WAGES, SO AS TO INCLUDE PUBLIC AGENCIES IN THE DEFINITION OF EMPLOYERS SUBJECT TO THE PROVISIONS OF CHAPTER 11 OF TITLE 41 AND EXTEND THE TIME FOR PAYMENT OF EARNED WAGES TO DISCHARGED EMPLOYEES; TO AMEND CHAPTER 11 OF TITLE 41, RELATING TO THE PAYMENT OF WAGES, BY ADDING SECTION 41-11-50 SO AS TO PROVIDE PENALTIES FOR VIOLATIONS OF THE CHAPTER; TO AMEND CHAPTER 13 OF TITLE 41, RELATING TO CHILD LABOR BY ADDING SECTIONS 41-13-5 AND 41-13-25 SO AS TO DEFINE "EMPLOYER" AS USED IN THE CHAPTER AND PROVIDE PENALTIES FOR CHILD LABOR VIOLATIONS; TO AMEND SECTION 41-13-20, RELATING TO CHILD LABOR, SO AS TO PROHIBIT OPPRESSIVE CHILD LABOR PRACTICES, AUTHORIZE THE COMMISSIONER OF LABOR TO PROMULGATE REGULATIONS CONCERNING CHILD LABOR AND FURTHER PROVIDE FOR ADMINISTRATIVE HEARINGS; TO AMEND SECTION 41-21-20, RELATING TO THE DIVISION OF APPRENTICESHIP AND THE APPRENTICESHIP COUNCIL, SO AS TO FURTHER PROVIDE FOR THE METHOD OF APPOINTMENT OF MEMBERS OF THE COUNCIL AND TO PERMIT THE USE OF FEDERAL FUNDS BY THE DIVISION; AND TO REPEAL CHAPTERS 5 AND 9 OF TITLE 41 AND SECTIONS 41-1-30, 41-3-90, 41-11-150, 41-11-160, 41-11-250, 41-11-410 THROUGH 41-11-440, 41-11-510 THROUGH 41-11-580, 41-11-590, 41-13-10, 41-15-20, 41-15-30, 41-15-40, 41-15-60 AND 41-15-70 OF THE 1976 CODE, RELATING TO VARIOUS LABOR AND EMPLOYMENT PROVISIONS.

Be it enacted by the General Assembly of the State of South Carolina:

State Employment Service

SECTION 1. Title 41 of the 1976 Code is amended by adding:

Section 41-42-10. The South Carolina Employment Security Commission shall create a division to be known as the 'South Carolina State Employment Service' which shall establish and maintain free public employment offices in such number and in such places as may be necessary for the proper administration of Chapters 27 through 42 of this title and for the purpose of performing such duties as are

within the purview of the act of Congress, entitled 'An Act to Provide for the Establishment of a National Employment System and for Cooperation With the States in the Promotion of Such System, and for Other Purposes', approved June 6, 1933 (48 Stat. 113, U. S. Code, Title 29, Section 49(c) as amended). All duties and powers formerly conferred upon any other department, agency or officer of this State relating to the establishment, maintenance and operation of free public employment offices shall be vested in such division.

Section 41-42-20. The division shall be administered by a full-time salaried director who shall cooperate with any official or agency of the United States having powers or duties under provisions of such act of Congress and shall do and perform all things necessary to secure to this State the benefits of that act of Congress in the promotion and maintenance of a system of public employment offices. The Commission shall appoint the director and other officers and employees of the State Employment Service. Such appointments shall be made in accordance with regulations issued under Section 41-29-90.

Section 41-42-30. The provisions of the act of Congress mentioned in Section 41-42-10 are hereby accepted by this State, in conformity with Section 4 of that act and this State will observe and comply with the requirements thereof. The South Carolina Employment Security Commission is hereby designated and constituted the agency of this. State for the purposes of that act.

Section 41-42-40. For the purpose of establishing and maintaining free public employment offices the division may enter into agreement with any political subdivision of this State or with any private nonprofit organization and as a part of any such agreement the Commission may accept moneys, services or quarters as a contribution to the unemployment compensation administration fund."

Enforcement-prosecution of violations

SECTION 2. Section 41-3-120 of the 1976 Code is amended to read:

"Section 41-3-120. The Commissioner of Labor shall enforce the provisions of Chapters 1 through 25 of this title and prosecute all violations of law relating to those chapters before any court of competent jurisdiction."

Definitions

SECTION 3. Section 41-11-110 of the 1976 Code is amended to read :

"Section 41-11-110. As used in this article:

(1) 'Employer' includes every person, firm, partnership, association, corporation, receiver or other officer of a court of this State, the State or any political subdivision thereof and any agent or officer of the above-mentioned classes employing any person in this State;

(2) 'Wages' shall mean all amounts at which the labor or service rendered is recompensed, whether the amount is fixed or ascertained on a time, task, piece or commission basis or other method of calculating such amount."

Unpaid wages or compensation of separated employees

SECTION 4. Section 41-11-170 of the 1976 Code is amended to read:

"Section 41-11-170. Whenever an employer separates an employee from the payroll, the unpaid wages or compensation of such employee shall become due immediately and the employer shall pay such wages to the employee within forty-eight hours of the time of separation or the next regular payday which shall not exceed thirty days after written notice is given. Such payment shall be made at the regular place of payment as specified under the terms of Section 41-11-140 and should the employee, his agent or representative fail to call for his wages at such place of payment within seven days after making written demand for such wages he shall forfeit all penalties provided in this section. Any time prior to or after the expiration of the required payment period above specified the employer may mail to the employee at his last known post office address the amount of wages due and thereby stop the accrual of any further penalties.

In case of any failure to pay wages due an employee after separation within the required payment period and after a demand in writing therefor by the employee, the wages of such employee shall continue from the date of such written demand until paid at the same rate which such employee received at the time of the separation. The employee may recover the penalty thus accruing to him in a civil action. Such action shall be commenced within sixty days from the date of the separation. Any employee who secretes or absents himself to avoid payment to him or who refuses to receive payment

when tendered shall not be entitled to any penalty under this paragraph for such time as he avoids Payment."

Penalties

SECTION 5. Chapter 11 of Title 41 is amended by adding:

"Section 41-11-50. Any employer who, having the financial ability, over and above any lawful exemptions, to pay any wages due, shall wilfully and fraudulently fail or refuse to pay such wages within the designated period set forth in this chapter after written demand therefor or who shall falsely and with intent to cheat an employee out of his wages deny the amount actually due shall be deemed guilty of a misdemeanor and upon conviction shall be fined not more than five hundred dollars or imprisoned for not more than ninety days. Each violation shall constitute a separate offense."

Employer defined

SECTION 6. Chapter 13 of Title 41 of the 1976 Code is amended by adding:

"Section 41-13-5. As used in this article 'employer' includes every person, firm, partnership, association, corporation, receiver or other officer of a court of this State, the State or any political subdivision thereof and any agent or officer of the above-mentioned classes employing any person in this State."

Employer not to engage in oppressive child labor-regulations

SECTION 7. Section 41-13-20 of the 1976 Code is amended to read :

"Section 41-13-20. No employer in this State shall engage in any oppressive child labor practices. The Commissioner of Labor shall promulgate regulations pursuant to Act 176 of 1977 which will prohibit and prevent such oppressive child labor practices provided that such regulations shall not be more restrictive or burdensome than applicable federal laws or regulations."

Penalties

SECTION 8. Chapter 13 of Title 41 of the 1976 Code is amended by adding:

"Section 41-13-25- Any person who shall knowingly employ any child contrary to the provisions of Section 41-13-20 or regulations promulgated thereunder shall be deemed guilty of a misdemeanor

and, upon conviction, shall be fined not less than ten dollars nor more than fifty dollars or be imprisoned not longer than thirty days. Each day during which any violation of Section 41-13-20 continues shall constitute a separate offense and the employment of any child in violation thereof shall, with respect to each child so employed, constitutes a separate offense."

Division of Apprenticeship

SECTION 9. Section 41-21-20 of the 1976 Code is amended to read:

"Section 41-21-20. There is hereby created, within the South Carolina Department of Labor, the Division -of Apprenticeship to administer the South Carolina Voluntary Apprenticeship Act. The Division shall be governed by an Apprenticeship Council composed of three employers and three employees appointed by the Governor upon the advice and consent of the Senate and, in addition, the chairmen of the Senate and House of Representatives Labor, Commerce and Industry Committees and the Commissioner of Labor, who shall serve ex officio. The Commissioner of Labor shall serve as chairman of the Council. The Director of the State Commission for Technical Education and the State Director of Vocational Education shall serve as ex officio nonvoting members of the Council. The House and Senate committee chairmen may be represented by their designees at Council meetings. The terms of office of the members of the Apprenticeship Council first appointed by the Governor shall expire as designated by the Governor at the time of making the appointment; one representative each of employers and employees shall be appointed for one year; one representative each of employers and employees shall be appointed for two years; and one representative each of employers and employees shall be appointed for three years. Thereafter, each member shall be appointed for a term of three years and until his successor is appointed and qualifies. Vacancies shall be filled for the unexpired term in the manner of original appointment. Each member of the Council, not otherwise compensated by public funds, shall receive per diem, subsistence and mileage as provided by law for state boards, committees and commissions for his services when attending to official duties or assignments when funds provided by federal grants are available for this purpose."

Repeal

SECTION 10. Chapters 5 and 9 of Title 41 and Sections 41-1-30, 41-3-90, 41-11-150, 41-11-160, 41-11-250, 41-11-410 through 41-11-440, 41-11-510 through 41-11-580, 41-11-590, 41-13-10, 41-15-20, 41-15-30, 41-1540, 41-15-60 and 41-15-70 of the 1976 Code are repealed.

Time effective

SECTION 11. This act shall take effect upon approval by the Governor.

Approved the 23rd day of September, 1981