Current Status Bill Number:197 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:19970116 Primary Sponsor:Alexander All Sponsors:Alexander and J. Verne Smith Drafted Document Number:council\legis\bills\bbm\9002jm. 97 Residing Body:Senate Current Committee:Labor, Commerce and Industry Committee 12 SLCI Subject:Right-to-work law, civil penalty; Labor, Licensing and Regulation Department, employers and employees
Body Date Action Description Com Leg Involved
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Senate 19970116 Introduced, read first time, 12 SLCI
referred to Committee
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TO AMEND SECTIONS 41-7-30, 41-7-40, 41-7-80, AND 41-7-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LABOR AND EMPLOYMENT AND THE SOUTH CAROLINA RIGHT-TO-WORK LAW, AND TO AMEND THE 1976 CODE BY ADDING SECTIONS 41-7-75 AND 41-7-85 SO AS TO, AMONG OTHER THINGS, CREATE ADDITIONAL CRIMINAL OFFENSES, GRANT CERTAIN POWERS TO THE DIRECTOR OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION OR HIS DESIGNEE TO INSURE COMPLIANCE WITH THE RIGHT-TO-WORK LAW, CHANGE THE PENALTIES FOR CRIMINAL VIOLATIONS OF THE RIGHT-TO-WORK LAW, PROVIDE FOR CIVIL PENATLTIES AND FOR THE PROMULGATION OF REGULATIONS ESTABLISHING A PROCEDURE FOR ADMINISTRATIVE REVIEW OF THE ASSESSMENT OF A CIVIL PENALTY, AND ALLOW AN EMPLOYEE, OR PROSPECTIVE EMPLOYEE, TO RECOVER BOTH ACTUAL AND PUNITIVE DAMAGES RESULTING FROM CERTAIN ACTIVITY.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 41-7-30 of the 1976 Code is amended to read:
"Section 41-7-30. (A) It shall be is unlawful for any employer to require:
(1) To require any employee, as a condition of employment, or of continuance of employment, to be or become or remain a member or affiliate of any labor organization or agency;
(2) To require any employee, as a condition of employment, or of continuance of employment, to abstain or refrain from membership in any labor organization; or
(3) To require any employee, as a condition of employment, or of continuance of employment, to pay any fees, dues, assessments, or other charges or sums of money whatsoever to any person or organization.
(B) It is unlawful for any person, including, but not limited to, any labor organization, directly or indirectly to participate in any agreement, arrangement, or practice that has the effect of requiring, as a condition of employment, that any employee be, become, or remain a member of any labor organization or pay to such labor organization any dues, fees, assessments, or other charges, and any such agreement, arrangement, or practice is unenforceable.
(C) It is unlawful for any person, including, but not limited to, any labor organization, to induce, cause, or encourage any employer to violate any provision of this section."
SECTION 2. Section 41-7-40 of the 1976 Code is amended to read:
"Section 41-7-40. Nothing in this chapter shall preclude any employer from deducting from the wages of the employees and paying over to any labor organization, or its authorized representative, membership dues in a labor organization; provided, that the employer has received voluntarily from each employee on whose account such deductions are made, a written assignment which shall not be irrevocable for a period of more than one year, or beyond the termination date of any applicable collective agreement or assignment, whichever occurs sooner."
SECTION 3. The 1976 Code is amended by adding:
"Section 41-7-75. (A) The director of the Department of Labor, Licensing and Regulation, or his designee, shall insure compliance with the provisions of this chapter and cooperate with any employee in the investigation and enforcement of any meritorious claim of the employee against his employer. Hearings may be held to satisfy the director or his designee, as to the justice of any claim.
(B) The director or his designee may enter any place of employment for the purpose of determining that the employer has complied with all of the provisions of this chapter. Any effort of any person or entity to obstruct the director or his designee, in the performance of his duties constitutes a violation of this chapter and is punishable as such.
(C) If the director or his designee is denied admission to a place of employment, a warrant may be obtained pursuant to Section 41-15-260."
SECTION 4. Section 41-7-80 of the 1976 Code is amended to read:
"Section 41-7-80. Any employer, labor organization, or other person whomsoever who shall violate violates any provision of this chapter shall be is guilty of a misdemeanor, and, upon conviction, thereof in any court of competent jurisdiction, shall may be punished by imprisonment for not less than ten nor more than thirty ninety days or by a fine of not less than ten five hundred nor more than one five thousand dollars, or by both in the discretion of the court."
SECTION 5. The 1976 Code is amended by adding:
"Section 41-7-85. (A) Any person who violates the provisions of this chapter may be assessed by the Director of the Department of Labor, Licensing and Regulation a civil penalty of not less than five hundred nor more than five thousand dollars for each offense.
(B) The director or his designee shall promulgate regulations to establish a procedure for administrative review of any civil penalty assessed."
SECTION 6. Section 41-7-90 of the 1976 Code is amended to read:
"Section 41-7-90. (A) Any person who is denied employment or deprived of a continuation of his employment through force, intimidation, obstruction, or interference, or the threat of any of the same, or who is denied employment or deprived of a continuation of his employment because of a violation of this chapter is entitled to recover from the perpetrator, whether it is the employer or another person, by appropriate action in the courts of this State those damages he has sustained because of such activitiy or violation, including punitive damages in addition to his actual damages.
(B) Any person whose rights are adversely affected by any contract, agreement, assemblage, or other act or thing done or threatened to be done and declared to be unlawful or prohibited by this chapter shall have the right to apply to any court having general equity jurisdiction for appropriate relief. The court, in any such proceeding, may grant and issue such restraining, and other, orders as may be appropriate, including an injunction restraining and enjoining the performance, continuance, maintenance, or commission of any such contract, agreement, assemblage, act, or thing, and may determine and award, as justice may require, any actual damages, costs, and attorneys' fees which have been sustained or incurred by any party to the action, and, in the discretion of the court or jury, punitive damages in addition to the actual damages. The provisions of this section subsection are cumulative and are in addition to all other remedies now or hereafter provided by law."
SECTION 7. This act takes effect upon approval by the Governor.