H 3980 Session 108 (1989-1990)
H 3980 General Bill, By R.B. Brown
A Bill to amend Section 41-10-10, Code of Laws of South Carolina, 1976,
relating to definitions for purposes of payment of wages, so as to delete
holiday and sick leave from the definition of wages, and to delete the
specific reference to severance payments in amounts due an employee by
contract or policy in the definition of wages; to amend Section 41-10-30,
relating to notice and recordkeeping for wages and deductions, so as to delete
wage increases from the requirements and to limit to three years the time
during which employers shall retain the name, address, wage, and deduction
information of employees; to amend Section 41-10-70, relating to
investigations of payment of wage complaints by the Commissioner of Labor, so
as to delete the Commissioner's authority to decide disputes; and to amend
Section 41-10-80, relating to violations and penalties with respect to payment
of wages, so as to make permissive the assessment of civil penalties for first
violations of the Payment of Wages Law, to limit civil penalties for multiple
offenses arising from one transaction, to provide that an employee may recover
in a civil action the full amount of unpaid wages and the court may award an
amount equal to twice the unpaid wages if the unpaid wages are less than five
thousand dollars, to delete the court's authority to award three times the
amount of unpaid wages, to provide that a civil action to recover unpaid wages
must be brought within two years after the wages became due, to make a
claimant employee liable for his employer's reasonable attorneys' fees if the
court determines the action ill-founded or brought for purposes of harassment,
to require the Commissioner of Labor's review of civil penalties to conform to
the Administrative Procedures Act, and to delete the criminal penalty against
certain employers failing to pay wages within ten days after written demand.
04/27/89 House Introduced and read first time HJ-5
04/27/89 House Referred to Committee on Labor, Commerce and
Industry HJ-6
02/27/90 House Tabled in committee
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