H*4775 Session 108 (1989-1990)
H*4775(Rat #0552, Act #0463 of 1990) General Bill, By
House Labor, Commerce and Industry
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 the
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 provide that the
notice requirements extend only to the normal hours and wages agreed upon,
delete wage increases from the notice requirements, and limit to three years
the time during which employers shall retain the name, address, wage, and
deduction information of employees; to amend Section 41-10-50, relating to
payment of wages due discharged employees, so as to delete the reference to
written notice; 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 provide that a civil action to recover unpaid wages must be brought within
three years after the wages become due, and to delete the criminal penalty
against certain employers failing to pay wages within ten days after written
demand.-amended title
03/06/90 House Introduced, read first time, placed on calendar
without reference HJ-3
03/08/90 House Read second time HJ-26
03/08/90 House Unanimous consent for third reading on next
legislative day HJ-28
03/09/90 House Read third time and sent to Senate HJ-2
03/13/90 Senate Introduced and read first time SJ-31
03/13/90 Senate Referred to Committee on Labor, Commerce and
Industry SJ-32
04/03/90 Senate Committee report: Favorable with amendment Labor,
Commerce and Industry SJ-21
04/04/90 Senate Amended SJ-24
04/04/90 Senate Read second time SJ-24
04/04/90 Senate Ordered to third reading with notice of
amendments SJ-24
04/05/90 Senate Read third time and returned to House with
amendments SJ-24
04/11/90 House Debate adjourned on Senate amendments until
Tuesday, April 17, 1990 HJ-30
04/25/90 House Debate adjourned on Senate amendments until
Thursday, April 26, 1990 HJ-44
04/25/90 House Reconsider vote whereby debate adjourned on
Senate amendments until Thursday, April 26, 1990 HJ-46
04/25/90 House Concurred in Senate amendment and enrolled HJ-47
05/01/90 Ratified R 552
05/07/90 Signed By Governor
05/07/90 Effective date 05/07/90
05/07/90 Act No. 463
06/13/90 Copies available
(A463, R552, H4775)
AN ACT 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
THE 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
PROVIDE THAT THE NOTICE REQUIREMENTS EXTEND ONLY TO THE NORMAL HOURS AND
WAGES AGREED UPON, DELETE WAGE INCREASES FROM THE NOTICE REQUIREMENTS,
AND LIMIT TO THREE YEARS THE TIME DURING WHICH EMPLOYERS SHALL RETAIN THE
NAME, ADDRESS, WAGE, AND DEDUCTION INFORMATION OF EMPLOYEES; TO AMEND
SECTION 41-10-50, RELATING TO PAYMENT OF WAGES DUE DISCHARGED EMPLOYEES,
SO AS TO DELETE THE REFERENCE TO WRITTEN NOTICE; 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 PROVIDE THAT A
CIVIL ACTION TO RECOVER UNPAID WAGES MUST BE BROUGHT WITHIN THREE YEARS
AFTER THE WAGES BECOME DUE, AND TO DELETE THE CRIMINAL PENALTY AGAINST
CERTAIN EMPLOYERS FAILING TO PAY WAGES WITHIN TEN DAYS AFTER WRITTEN
DEMAND.
Be it enacted by the General Assembly of the State of South Carolina:
Wages defined
SECTION 1. Section 41-10-10(2) of the 1976 Code is amended to read:
"(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, and sick leave 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."
Notification - recordkeeping
SECTION 2. Subsections (A) and (B) of Section 41-10-30 of the 1976
Code are amended to read:
"(A) Every employer shall notify each employee in writing at
the time of hiring of the normal 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.
This section does not apply to wage increases.
(B) Every employer shall keep records of names and addresses of all
employees and of wages paid each payday and deductions made for three
years."
Payments to discharged employees
SECTION 3. Section 41-10-50 of the 1976 Code is amended to
read:
"Section 41-10-50. When 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."
Investigation of violations
SECTION 4. Section 41-10-70 of the 1976 Code is amended to read:
"Section 41-10-70. 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."
Penalties
SECTION 5. Section 41-10-80 of the 1976 Code is amended to read:
"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.
Any civil action for the recovery of wages must be commenced within three
years after the wages become due.
(D) The Commissioner of Labor shall promulgate regulations to
establish a procedure for administrative review of any civil penalty
assessed by the commissioner."
Time effective
SECTION 6. This act takes effect upon approval by the Governor.
Approved the 7th day of May, 1990.
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