H*2426 Session 106 (1985-1986)
H*2426(Rat #0412, Act #0380 of 1986) General Bill, By F. Gilbert, D.M. Beasley,
J. Faber, D.N. Holt, J.E. Lockemy, D.E. Martin, Patterson, A.V. Rawl,
J.I. Rogers, Russell, Washington and R.R. Woods
A Bill to amend the Code of Laws of South Carolina, 1976, by adding Sections
41-10-10 through 41-10-110 so as to provide for the method and manner of the
payment of wages and exempt domestic labor in private homes and employers
employing fewer than five employees during the preceding twelve months; and to
repeal Sections 41-11-10 through 41-11-50, 41-11-110 through 41-11-140,
41-11-170, 41-11-180, and 41-11-200 through 41-11-240 relating to payment of
wages.
02/14/85 House Introduced and read first time HJ-824
02/14/85 House Referred to Committee on Labor, Commerce and
Industry HJ-824
04/24/85 House Committee report: Favorable with amendment Labor,
Commerce and Industry HJ-2646
04/25/85 House Amended HJ-2714
04/25/85 House Read second time HJ-2714
04/26/85 House Read third time and sent to Senate HJ-2727
04/30/85 Senate Introduced and read first time SJ-1792
04/30/85 Senate Referred to Committee on Labor, Commerce and
Industry SJ-1792
01/29/86 Senate Committee report: Favorable with amendment Labor,
Commerce and Industry SJ-290
02/12/86 Senate Read second time SJ-556
02/12/86 Senate Ordered to third reading with notice of
amendments SJ-1556
03/25/86 Senate Amended SJ-1171
03/25/86 Senate Read third time SJ-1172
03/25/86 Senate Returned SJ-1172
04/09/86 House Concurred in Senate amendment and enrolled HJ-2270
04/15/86 Ratified R 412
04/21/86 Signed By Governor
04/21/86 Effective date 04/21/86
04/21/86 Act No. 380
05/05/86 Copies available
(A380, R412, H2426)
AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS
41-10-10 THROUGH 41-10-110 SO AS TO PROVIDE FOR THE METHOD AND MANNER OF THE
PAYMENT OF WAGES AND EXEMPT DOMESTIC LABOR IN PRIVATE HOMES AND EMPLOYERS
EMPLOYING FEWER THAN FIVE EMPLOYEES DURING THE PRECEDING TWELVE MONTHS; AND TO
REPEAL SECTIONS 41-11-10 THROUGH 41-11-50, 41-11-110 THROUGH 41-11-140,
41-11-170, 41-11-180, AND 41-11-200 THROUGH 41-11-240 RELATING TO PAYMENT OF
WAGES.
Be it enacted by the General Assembly of the State of South Carolina:
Definitions, applicability of chapter,
employer to pay wages, etc.
SECTION 1. The 1976 Code is amended by adding:
"Section 41-10-10. As used in this chapter:
(1) 'Employer' means 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 classes
employing any person in this State.
(2) 'Wages' means all amounts at which labor rendered is recompensed, whether
the amount is fixed or ascertained on a time, task, piece, or commission basis,
or other method of calculating the amount and includes vacation, holiday, sick
leave, and severance payments which are due to an employee under any employer
policy or employment contract. Funds placed in pension plans or profit sharing
plans are not wages subject to this chapter.
Section 41-10-20. This chapter applies to all employers in South Carolina
except that Section 41-10-30 does not apply to:
(1) Employers of domestic labor in private homes.
(2) Employers employing fewer than five employees at all times during the
preceding twelve months.
Section 41-10-30. (A) Every employer shall notify each employee in writing
at the time of hiring of the hours and wages agreed upon, the time and place of
payment, and the deductions which will be made from the wages, including payments
to insurance programs. The employer has the option of giving written
notification by posting the terms conspicuously at or near the place of work.
Any changes in these terms must be made in writing at least seven calendar days
before they become effective.
(B) Every employer shall keep records of names and addresses of all employees
and of wages paid each payday and deductions made.
(C) Every employer shall furnish each employee with an itemized statement
showing his gross pay and the deductions made from his wages for each pay period.
Section 41-10-40. (A) Every employer in the State shall pay all wages due in
lawful United States money or by negotiable warrant or check bearing even date
with the payday.
(B) An employer may deposit all wages due to the employee's credit at a
financial institution which is doing business in the State and is insured by an
agency of the federal government. When an employee's wages are paid by deposit
at a financial institution, he must be furnished a statement of earnings and
withholdings. Any wage deposit plan adopted by an employer shall entitle each
employee to at least one withdrawal for each deposit, free of any service charge.
(C) An employer shall not withhold or divert any portion of an employee's
wages unless the employer is required or permitted to do so by state or federal
law or the employer has given written notification to the employee of the amount
and terms of the deductions as required by subsection (A) of Section 41-10-30.
(D) Every employer in the State shall pay all wages due at the time and place
designated as required by subsection (A) of Section 41-10-30.
Section 41-10-50. Whenever an employer separates an employee from the payroll
for any reason, the employer shall pay all wages due to the employee within
forty-eight hours of the time of separation or the next regular payday which may
not exceed thirty days after written notice is given.
Section 41-10-60. In case of a dispute over wages, the employer shall give
written notice to the employee of the amount of wages which he concedes to be due
and shall pay the amount without condition within the time set by this chapter.
Acceptance by the employee of the payment does not constitute a release as to the
balance of his claim.
Section 41-10-70. (A) Upon written complaint of any employee alleging a
violation of this chapter, the Commissioner of Labor may institute an
investigation of the alleged violation. If the Commissioner of Labor determines
that a violation exists, he shall endeavor to resolve all issues by informal
methods of mediation and conciliation.
(B) Upon application of either employer or employee, the Commissioner of Labor
may inquire into, hear, and decide disputes arising from wages earned and allow
or reject any deduction from wages. The amount of the award of the Commissioner
of Labor is presumed to be the amount of wages, if any, due and unpaid to the
employee. If either employer or employee fails or refuses to accept the findings
of the Commissioner of Labor then either has the right to proceed at law.
Section 41-10-80. (A) Any employer who violates the provisions of Section
41-10-30 must be given a written warning by the Commissioner of Labor for the
first offense and must be assessed a civil penalty of not more than one hundred
dollars for each subsequent offense.
(B) Any employer who violates the provisions of Section 41-10-40 must be
assessed a civil penalty of not more than one hundred dollars for each violation.
Each failure to pay constitutes a separate offense.
(C) In case of any failure to pay wages due to an employee as required by
Section 41-10-40 or 41-10-50 the employee may recover in a civil action an amount
equal to three times the full amount of the unpaid wages, plus costs and
reasonable attorney's fees as the court may allow.
(D) The Commissioner of Labor shall promulgate regulations to establish a
procedure for administrative review of any civil penalty assessed by the
commissioner.
(E) Any employer who, having the financial ability over and above any lawful
exemption to pay wages due, wilfully fails or refuses to pay the wages within ten
days after written demand is guilty of a misdemeanor and upon conviction must be
fined not more than five hundred dollars or imprisoned for not more than ninety
days. Each failure or refusal to pay constitutes a separate offense.
Section 41-10-90. In each case where a civil penalty assessed under subsection
(A) or (B) of Section 41-10-80 is not paid within sixty days the Commissioner of
Labor shall bring an action against the assessed employer for collection of the
penalty. Any amounts collected must be turned over to the State Treasurer for
deposit in the general fund of the State.
Section 41-10-100. No provision of this chapter may be contravened or set
aside by a private agreement.
Section 41-10-110. The Commissioner of Labor, his inspectors, agents, or
designees, upon proper presentation of credentials to the owner, manager, or
agent of the employer, may enter at reasonable times and have the right to
question either publicly or privately any employer, owner, manager, or agent and
the employees of the employer and inspect, investigate, reproduce, or photograph
time records or payroll
records for the purpose of determining that the provisions of this chapter are
complied with."
Repeal
SECTION 2. Sections 41-11-10 through 41-11-50, 41-11-110 through 41-11-140,
41-11-170, 41-11-180, and 41-11-200 through 41-11-240 of the 1976 Code are
repealed.
Time effective
SECTION 3. This act shall take effect upon approval by the Governor. |