Compliance Watch:

What are my rights as a salaried employee in South Carolina?

Salaried employment in South Carolina refers to a specific category of employment where individuals receive a predetermined compensation, regardless of the number of hours worked. This type of employment contrasts with hourly employment, where workers are paid based on the actual hours they work, including overtime pay for any hours worked beyond the standard. 

In the context of South Carolina’s labor laws, salaried employees are often classified as “exempt” employees under the Fair Labor Standards Act (FLSA). This means that they are exempt from certain FLSA provisions, such as overtime pay requirements, primarily due to job duties, salary level, and the way it is paid. Typically, exempt employees must meet specific criteria, including earning a minimum salary and performing executive, administrative, or professional job duties.

While the rules for exempt employees can offer flexibility, they also come with uncertainties, particularly in the area of job security and work hours. For instance, South Carolina does not mandate specific working hours for salaried employees, leading to scenarios where employees may work more than the standard 40-hour workweek without additional compensation. This aspect underscores the importance of employment contracts, as they often outline details concerning work hours, expectations, and any additional compensation arrangements.

However, being salaried does not negate all rights to fair labor practices. Under South Carolina law, salaried employees retain rights to a safe work environment, freedom from discrimination and harassment, and other workplace standards enforced by agencies such as the South Carolina Department of Labor, Licensing, and Regulation (LLR). Moreover, even if exempt from overtime, they are still protected by minimum wage laws. Employers are required to adhere to these regulations, ensuring that salaried employees receive at least the minimum wage for all hours worked when their salary is divided by the actual number of hours they work.

Please note that this table outlines general differences between salaried and hourly employees in South Carolina. The specific circumstances for each category of employees can vary widely based on the employer, industry, job classification, and individual agreements. It’s important to consider these factors when making employment-related decisions or comparisons in the state.

In South Carolina, salaried employees operate under a set of basic rights that govern their interactions with their employers. These rights are foundational to maintaining fair work conditions, ensuring workers’ welfare, and providing avenues for recourse should violations occur. Below, we delve into the fundamental rights of salaried employees in South Carolina:

• Right to Fair Compensation: While salaried employees are typically exempt from overtime pay, they must still receive a salary that meets the federal minimum salary threshold set by the FLSA. This pay must be consistent, regardless of the quantity or quality of work performed. The assurance of receiving at least the minimum salary is a safeguard against exploitation.
• Right to a Safe Workplace: Under the guidelines of the Occupational Safety and Health Administration (OSHA) and state regulations, salaried employees in South Carolina have the right to work in a safe environment. Employers are required to provide workplaces free from known health and safety hazards. Employees also have the right to receive information and training about workplace hazards, methods to prevent harm, and applicable OSHA standards.
• Freedom from Discrimination: The South Carolina Human Affairs Law prohibits employment discrimination based on race, religion, color, sex, age, national origin, or disability. This ensures that salaried employees receive equal opportunities for employment, promotions, raises, and other employment-related activities. Any reported instances of discrimination are subject to investigation, and aggrieved employees have legal avenues for redress.
• Right to Unpaid Leave for Medical or Family Reasons: The Family and Medical Leave Act (FMLA) applies to eligible employees, allowing them to take unpaid, job-protected leave for specified family and medical reasons. This leave includes the continuation of group health insurance coverage under similar terms and conditions as if the employee had not taken leave.
• Right to Privacy: Salaried employees in South Carolina have rights to certain privacy aspects regarding personal possessions, including handbags or briefcases, personal mail addressed to them, and personal storage lockers. While these rights are not absolute and vary based on circumstances, any unjustified invasion of privacy by the employer can be legally contested.
• Right to Report Wrongdoing (Whistleblower Protections): Salaried employees have the right to report violations of laws, rules, or regulations by their employer without fear of retaliation or harassment. South Carolina’s Whistleblower Protection Act safeguards public employees, and similar protections are extended under various federal laws for different sectors.
• Right to Receive Agreed-Upon Benefits: If an employer offers benefits such as health insurance, retirement plans, paid vacations, or sick leave, these must be provided as promised. While South Carolina law doesn’t mandate employers to provide these benefits, if they are offered as part of the employment terms, the employer is legally bound to administer them.
• Freedom from Wrongful Termination: Although South Carolina is an at-will employment state, meaning either employer or salaried employee can terminate the employment relationship at any time, employers cannot fire salaried employees for illegal reasons. These include discrimination, retaliation, refusal to commit an illegal act, or other protected activities.

These rights serve as a protective measure, ensuring that salaried  employees are treated fairly, humanely, and with dignity. If any of these rights are violated, you should seek guidance and assistance, potentially engaging legal representation to ensure the rights are upheld.

Overtime pay can be a point of confusion, especially for salaried employees in South Carolina. Understanding whether you’re eligible for overtime requires sifting through federal regulations, state laws, and the specifics of your employment status. So, is overtime pay applicable to salaried employees in South Carolina? Well, there are several factors to consider.

Under the Fair Labor Standards Act (FLSA), which governs work regulations across the states, not all salaried employees are entitled to overtime. The act categorizes employees as either “exempt” or “non-exempt.” Exempt employees, who include salaried employees, do not qualify for overtime pay. Non-exempt employees do. However, being salaried doesn’t automatically make you exempt; your job duties and salary must specifically meet the criteria set by the FLSA.

The primary hurdle is the salary threshold. As per the latest regulations, employees must earn a certain amount per week to be exempted from overtime. This amount can change based on federal updates, so it’s important to stay informed about the current cap. If you make less than this, you are likely non-exempt and, thus, eligible for overtime, regardless of your status.

Next, your job duties must fall within certain “white-collar” exemption categories as defined by the FLSA: executive, administrative, or professional. For instance, if you’re in a management position, serving judgment in your role, or work in a recognized professional capacity, you may be classified as exempt. Each category has specific criteria that must be met, and merely holding a job title similar to these categories doesn’t automatically qualify you for exemption.

However, even if you’re classified as an exempt salaried employee, South Carolina laws dictate that your employer must abide by the terms of your employment contract or agreement. If your agreement states you are to receive overtime, then those terms may override your exempt status. Thus, it’s crucial for employees to thoroughly review their employment contracts before signing.

In cases where you believe you’re wrongly classified as exempt and denied overtime pay, or if there’s a breach in the agreed terms of your contract, know that you have the right to contest your employer’s actions. You may file a complaint with the South Carolina Department of Labor, Licensing, and Regulation (LLR) or the federal DoL. These bodies can investigate your claims, and if they find it in your favor, you may be entitled to back pay for the overtime you’ve worked.

Navigating the complexities of wage deductions can be challenging for salaried employees, particularly in South Carolina, where nuanced rules under both state and federal laws come into play. Understanding whether an employer can deduct wages from a salaried employee requires a careful examination of the circumstances and the legal statutes that govern these actions.

Firstly, under the Fair Labor Standards Act (FLSA), salaried employees classified as exempt must receive a fixed minimum amount of money for any workweek in which they perform any work. This salary cannot be reduced based on the quality or quantity of work performed. However, there are specific scenarios where deductions are legally permissible:

• Absence from Work: If a salaried employee in South Carolina is absent for a full day for personal reasons other than sickness or major accident, an employer is permitted to make a deduction from the salary. However, deductions for partial-day absences are not allowed under federal law. If the employee is absent for a full day due to illness or disability, the deduction is permissible only if the deduction is made in accordance with a bona fide plan, policy, or practice of providing compensation for loss of salary caused by both sickness and disability.
• Violations of Safety Rules: Salary deductions are allowed if they are due to infractions of safety rules of major significance, critical for maintaining workplace safety. This refers to rules that relate to the prevention of serious danger in the workplace or to other employees.
• Disciplinary Suspensions: Employers can deduct wages for disciplinary suspensions of one or more full days imposed in good faith for violations of workplace conduct rules. Such suspensions must be imposed under a written policy applicable to all salaried employees.
• Initial or Terminal Week of Employment: If an employee is in the first or last week of employment and doesn’t work the full week, an employer can deduct the proportional amount of time not worked from the fixed salary, ensuring compliance with federal regulations.
• Unpaid Leave under the Family and Medical Leave Act (FMLA): If a salaried employee takes unpaid leave under the Family and Medical Leave Act (FMLA), an employer is not required to pay the full salary for weeks in which the employee takes unpaid leave.

It’s crucial for employees to understand that employers cannot use deductions as a penalty or a means of recouping operational costs associated with standard business activities. For instance, if an employee loses or damages company property, the cost of repair or replacement cannot be passed on to the employee through salary deduction. This is a critical point of distinction and a common area where misunderstandings may occur, potentially leading to disputes.

In the context of South Carolina, it’s essential to note that the state generally defers to federal guidance on these matters. However, state-specific rules may apply, especially concerning deductions that might bring an employee’s earnings below the minimum wage. In such sensitive cases, employers are typically required to obtain explicit written consent from the employee before making any deductions not authorized or mandated by state or federal law.

If, being a salaried employee, you suspect that improper deductions are being made from your salary, then you should promptly address the issue with your employer. If the matter isn’t resolved internally, you can file a complaint with the Wage and Hour Division of the U.S. Department of Labor or the South Carolina Department of Labor, Licensing and Regulation (LLR). These agencies can investigate the issue and enforce strict compliance with wage laws.

The provisions for breaks and leaves for salaried employees are often a source of many inquiries in the workplace. Here, we delve into the specifics of state law and federal regulations concerning breaks and leaves for eligible salaried employees in South Carolina.

Starting with daily breaks, South Carolina does not have any specific state laws requiring employers to provide breaks. The decision to offer short rests or meal periods rests with the employer. However, federal law steps in with some provisions: if an employer chooses to give a short break (usually 5 to 20 minutes), federal law dictates that it must be counted as paid work hours. The law differs for meal periods (typically 30 minutes or more); these do not need to be compensated as work time as long as the employee is free of any work duties while on the break.

Regarding more extended leaves, salaried employees in South Carolina are covered by the federal Family and Medical Leave Act (FMLA). Eligible employees can take up to 12 workweeks of unpaid, job-protected leave in a 12-month period for specific medical and family reasons. These include personal or family illness, pregnancy, adoption, or the foster care placement of a child. However, not all salaried employees may qualify for FMLA leave. Thus, to be eligible, you must have worked for at least 12 months, clocked at least 1,250 hours during the 12 months, and worked at a location where the company employs 50 or more employees within 75 miles.

In addition to federal law, South Carolina employees, including those on salary, are often subject to the leave policies established by their employers. These policies can include paid leave, sick days, vacation days, and personal days. While not mandated by state law, many employers provide these benefits as part of a comprehensive employee package to promote work-life balance and attract and retain talent. It’s essential for salaried employees to review these policies in the employment contracts or employee handbooks to fully understand their entitlements.

It’s also worth noting that certain legal protections apply to specific types of leave. For instance, an employer cannot retaliate against an employee for requesting or taking FMLA leave. Additionally, if an employee is a victim of domestic violence, South Carolina law allows them to take time off to seek medical treatment, legal assistance, or other support services.

In today’s evolving work environment, the concept of flexible work arrangements has gained significant attention. For salaried employees in South Carolina, questions often arise regarding the possibility of adapting work schedules to accommodate personal and family needs or even health concerns. While there are no specific laws that mandate employers to offer flexible work arrangements, several factors influence a shift in perspective regarding workplace flexibility.

At the forefront, it’s important to recognize that any entitlement to flexible work arrangements largely depends on company policy and the discretion of the employer. Many employers understand the benefits of offering such flexibility, including increased employee satisfaction, reduced turnover, and, sometimes, enhanced productivity. These arrangements can vary widely, from adjusted start and end times to the ability to work from home several days a week.

Salaried employees interested in pursuing flexible work arrangements should prepare to make a detailed request to the employer. This can be more compelling if it includes how the arrangement will not interfere with the employee’s ability to meet job responsibilities and performance expectations. In some cases, presenting a plan that outlines how one intends to handle duties, communication, and availability during the proposed arrangement can be helpful.

Moreover, while not specifically about flexible schedules, certain legal provisions can impact work arrangements. For instance, the FMLA allows eligible employees to take unpaid, job-protected leave for specified family and medical reasons, potentially influencing work schedules. The Americans with Disabilities Act (ADA) may also require employers to accommodate employees with disabilities, offering more flexible work arrangements.

It’s also worth noting that the global health crises, like the COVID-19, have significantly reshaped many employers’ thoughts on flexible working, with many companies being more open to remote work or varied working hours than in the past. This shift in many businesses’ operational strategies has created a more conducive, adaptive environment for discussions around work flexibility, even in sectors that were previously more rigid and traditional.

However, employees should approach the subject, understanding that there is no legal entitlement to flexibility and that business needs can supersede personal preferences. Each company may handle these requests differently, and what may be feasible in one job role may not be possible in another due to the nature of the work, staffing, or operational demands.

The definition of “exempt” status in South Carolina is a critical aspect of employment law, directly affecting employees’ pay structure and work conditions. This status, governed by the federal Fair Labor Standards Act (FLSA), pertains to salaried employees who are exempt from receiving overtime pay for hours worked beyond the standard 40-hour workweek. Basically, determining whether an employee is exempt is based on the salary, job duties, and salary basis.

Here, we explore the significant implications of exempt status for salaried employees in South Carolina, highlighting the nuances that shape the professional experiences of such. 

• No Overtime Compensation: The most direct implication of exempt status for employees in South Carolina is the ineligibility for overtime pay. According to the FLSA, exempt employees do not receive compensation for hours worked beyond the standard 40-hour workweek. This means regardless of the number of hours they work, the salary remains the same. While this could encourage flexible work schedules, it could also lead to instances where employees might be expected to work extended hours without extra pay, affecting work-life balance.
• Fixed Salary: Exempt employees benefit from a fixed salary, providing a consistent and predictable income regardless of the quantity or quality of work performed in a pay period. This financial stability is advantageous for personal financial planning. However, it also means that employees don’t receive extra compensation for any additional work or hours, unlike their non-exempt counterparts, who are paid on an hourly basis and receive overtime.
• Less Record-Keeping for Work Hours: Typically, exempt employees are not required to track their work hours, removing the necessity for time sheets or punch-in clocks. This lack of time-keeping reflects a work environment where employees are measured on task completion and performance rather than the number of hours worked. While this can offer more autonomy and flexibility, it also places the onus on employees to manage their workload efficiently.
• Limited Wage Protections: While exempt status means employees receive a guaranteed salary, it also implies limited protections under certain wage and hour laws. Exempt employees, for instance, are not subject to minimum wage adjustments and do not qualify for breaks that are mandated for non-exempt employees. Furthermore, they might not be compensated for working on weekends or holidays unless it’s stipulated in their employment contract.
• Potential for Work-Life Imbalance: The expectations of job performance for exempt employees can sometimes blur the lines between professional and personal life. Since they’re paid based on job duties rather than hours worked, there might be an expectation to work as much as needed to completely fulfill them. This could potentially lead to a work-life imbalance, particularly during busy periods or within certain industries with irregular workloads.

Given these implications, it’s crucial for salaried employees in South Carolina to fully understand the exempt status. Being aware of what this entails allows you to navigate your employment rights and responsibilities better. If there are concerns about misclassification or rights violations, you must consider seeking advice from legal experts or contacting the appropriate state department, like the South Carolina Department of Labor, Licensing and Regulation (LLR), to ensure you are properly informed and protected within your employment.

Please note that employment laws in South Carolina are dynamic. The above table provides a general comparison of the basic definitions, entitlements, protections, and other distinctions between exempt and non-exempt employees in SC. However, it’s important to consult the latest state and federal regulations or seek legal advice for more up-to-date information.

Determining whether you’re an exempt or non-exempt employee in South Carolina involves several factors that hinge primarily on your job duties, salary, and working hours. This classification is crucial as it dictates your eligibility for overtime pay, among other work conditions. Below is a detailed guide to help you understand which category you fall into:

• Salary Basis Test: Firstly, you need to assess how you are paid every month. Exempt employees usually receive a fixed salary, not an hourly wage. This salary is guaranteed and does not fluctuate based on the number of hours worked, whether less or more. The key here is that to be on a ‘salary basis,’ your pay must be a predetermined amount constituting all or part of your compensation, provided at a regular interval. In South Carolina, like the federal standard, you must earn at least $684 per week (as of the last update in 2023) to satisfy this criterion.
• Job Duties Test: The nature of your job duties is perhaps the most critical aspect of the determination. There are specific criteria for various types of exempt employees defined under the federal FLSA:

Executive Exemption: Your role must primarily involve managing the enterprise or a department/subdivision within the enterprise. You must customarily and regularly direct the work of at least two full-time employees (or their equivalent) and have the authority to hire or fire other employees or have your suggestions and recommendations given particular weight.

Administrative Exemption: Your primary duties must include the performance of office or non-manual work directly related to the management or general business operations, along with the exercise of discretion and independent judgment regarding matters of significance.

Professional Exemption: This category requires that your primary duty consists of work requiring advanced knowledge, predominantly intellectual in character, and which includes work requiring the consistent exercise of discretion and judgment. The advanced knowledge must be in a field of science and learning acquired by a course of specialized instruction.

• Salary Level Test: This is a straightforward criterion. Employees who earn more than a specific salary threshold (currently $35,568 annually as of the last update in 2023) are considered exempt, provided they also pass the salary basis test and the job duties test.
• Reviewing Official Documentation: Often, your official job description, contract, and the human resources guidelines of your company outline whether your employment is considered exempt or non-exempt. These important company-based documents generally contain information respecting the expectations, duties, and compensation structure of your role.
• Consulting with HR or a Legal Advisor: If you’re unsure of your status or if you believe there’s been a misclassification, the best course of action is to speak with your human resources department. They can provide clarity on your employment status based on company records and Fair Labor Standards Act (FLSA) guidelines. If disputes arise, or if you feel your rights have been violated, it may be prudent to consult with a legal advisor who specializes in employment law.
• State-Specific Provisions: While many of the regulations align with federal standards, South Carolina may have specific rules applicable to certain professions or circumstances. It’s essential to consider state labor laws, which might have unique provisions concerning the exempt status.

In South Carolina, the scenario surrounding minimum wage requirements for salaried employees is slightly different from many other states. This difference is because South Carolina has not established a state minimum wage law. As a result, employers in South Carolina adhere to the federal minimum wage guidelines under the federal Fair Labor Standards Act (FLSA).

As of the latest information available, the federal minimum wage is $7.25 per hour. It’s essential for salaried employees to understand that the minimum wage requirement is based on this hourly rate, not their annual salary package. For salaried employees, particularly those classified as non-exempt (eligible for overtime), the FLSA provides for a calculation to ensure your effective pay does not fall below the federal minimum wage. Here’s what you need to know:

• Salaried Non-Exempt Employees: If you fall into this category, in South Carolina, your salary is divided by the actual number of hours you worked for that week, regardless of whether it was more or less than 40 hours. The resulting pay cannot be less than the federal minimum wage of $7.25 per hour. This calculation ensures that even if you work extra hours, your compensation does not dip below the minimum hourly rate. Additionally, you are entitled to overtime pay at one and a half times your regular pay rate for any work over 40 hours per week.
• Salaried Exempt Employees: For those classified as exempt, the rules are different. Exempt employees in South Carolina  aren’t covered by minimum wage and overtime laws, allowing employers to pay a fixed salary regardless of the number of hours worked. However, there is a caveat. To qualify for this exemption, employees must meet certain criteria, including earning at least $684 per week ($35,568 per year) as of the last update in 2023 which is well above the pay of someone working full-time at the federal minimum wage. This salary basis ensures that exempt employees are compensated at a rate higher than the effective minimum wage.
• Special Cases: Certain employees, such as commissioned employees, tipped employees, or those in specific professions, might have different guidelines under the FLSA. For instance, employers can use tips received by tipped employees as a credit towards their obligation to pay minimum wage, provided the employees receive sufficient tips to make up the difference.

Given that South Carolina defers to federal law, it is vital for salaried employees in the state to understand the FLSA provisions and how they impact their earnings. If you’re unsure of your classification or believe you’re being paid less than the applicable minimum wage, consider discussing your concerns with your employer or the human resources department. If necessary, seek guidance from a legal advisor or contact the local division of the U.S. Department of Labor.

Overtime compensation is a critical aspect of employment law, ensuring workers receive fair pay for hours that exceed the typical workweek. In South Carolina, the system for salaried employees follows federal guidelines established by the Fair Labor Standards Act (FLSA), as the state doesn’t have its own overtime laws. Understanding how these regulations apply to salaried employees is extremely essential to ensure you’re receiving lawful compensation.

• Standard Overtime Compensation: Under the FLSA, non-exempt salaried employees are entitled to overtime pay when they work more than 40 hours in a workweek. This standard is straightforward: for every hour worked past 40 hours, employees should receive one and a half times their regular rate of pay. However, how does this apply to salaried employees?
• Salaried Non-Exempt Employees: If you’re a salaried employee but not exempt from FLSA, your employer is required to pay you overtime. To calculate your overtime, your employer must determine your hourly rate by dividing your weekly salary by 40 hours. The overtime rate is 1.5 times this amount for each hour worked beyond the standard 40-hour workweek. It’s not uncommon, especially in roles where long hours are standard, so it’s crucial to understand that being salaried doesn’t automatically exempt you from being fairly compensated for overtime.
• Salaried Exempt Employees: For salaried workers classified as exempt, including most professional, administrative, and executive roles, the overtime rules are different. Exempt employees are not entitled to overtime, no matter how many hours they work per week. This exemption is lawful due to the nature of their job responsibilities and the level of decision-making authority they hold, paired with meeting a salary basis test and a salary level test, which requires their earnings to be above a certain threshold, as specified under the FLSA.
• Calculating Overtime for Non-Traditional Work Schedules: Certain salaried employees may have non-traditional work schedules but still receive overtime. In these cases, the calculation remains the same: the regular rate divided by the number of hours the salary is intended to compensate. If the salary covers a workweek longer than 40 hours, the regular rate is calculated based on that workweek, and the overtime rate applies to additional hours.
• State-Specific Considerations: While South Carolina doesn’t have its own overtime laws, employers must comply with federal standards. Salaried employees should be vigilant about their hours and pay, keeping detailed records to verify that they’re receiving fair compensation.

Understanding the landscape of permissible deductions is crucial for salaried employees in South Carolina, ensuring that the sanctity of the employer-employee trust relationship remains uncompromised and that employees are aware of their rights. While South Carolina refers primarily to federal law, especially the guidelines established under the FLSA, there are specific scenarios under which employers can legally make deductions from a salaried employee’s pay.

• Statutory Deductions: These are mandatory deductions that every employer must adhere to, and salaried employees have no discretion in these being withheld. They include Social Security and Medicare taxes, federal and state income taxes, and any court-ordered deductions such as child support or wage garnishments. On the other hand, these deductions are a legal requirement and are remitted by the employer to the respective federal and state agencies.
• Benefit Deductions: Employees often participate in various benefit programs, which may include health, dental, and life insurance, retirement plans, and 401(k) contributions. Deductions for these are pre-arranged and authorized by the employee. The specifics should be outlined in the employment contract or the company’s HR policies, ensuring transparency.
• Repayment of Overpayment: In instances where the employer has overpaid an employee (due to clerical error, for example), the employer is permitted to recoup those funds. However, the recovery should be within a reasonable period, and the employer must provide prior notice to the employee explaining the overpayment and the terms of the repayment deduction.
• Recovery of Advanced Wages: If an employer advances wages, deductions to recoup the advanced funds are permissible. As with overpayment, the terms of repayment, including the deduction schedule, should be clearly communicated and agreed upon by both parties.
• Uniforms or Equipment: In specific job roles, employees may be required to wear special uniforms or use certain equipment. If the employer requires such items and does not provide them, the cost could be passed on to the employee as a deduction. This scenario is generally where state law can have specific stipulations, often requiring that such deductions do not take an employee’s pay below the minimum wage and that the employee has consented in writing.
• Violation of Company Policy: If an employee violates company policy, resulting in a financial loss for the employer (such as damage to company property), the employer may wish to recoup the losses through salary deductions. However, this area can be sensitive, and South Carolina law may impose restrictions, especially if such deductions impact the minimum wage.

It’s imperative for employees to understand that employers cannot randomly impose deductions on an employee’s wages. Any deductions outside of statutory ones typically require the employee’s prior written consent and should be outlined in an agreement. If you suspect unwarranted deductions, immediately approach your HR department. Should the issue remain unresolved, contacting the South Carolina Department of Labor, Licensing and Regulation (LLR) or seeking legal advice would be the next best steps to ensure your rights are protected.

In  South Carolina, understanding the spectrum of employee benefits and protections is fundamental for salaried workers, as these provisions play a pivotal role in ensuring fair treatment in the workplace. While some employee benefits are generously provided by employers and exceed legal requirements, there are several key benefits and protections under South Carolina state law that employers are obligated to provide. Here’s a detailed breakdown:

• Workers’ Compensation: One of the basic protections for workers in South Carolina is workers’ compensation. This is essential for employees who sustain injuries while performing their job duties. It covers medical expenses and provides wage replacement benefits if the worker is temporarily unable to return to work. The South Carolina Workers’ Compensation Act mandates this coverage, and it doesn’t require employees to prove that the employer was at fault for the injury, making the process more straightforward for the injured worker.
• Unemployment Insurance: Employees in South Carolina are covered by unemployment insurance, a state-mandated program designed to provide temporary financial assistance to workers who are unemployed through no fault of their own. This unique program is crucial in helping individuals stay financially stable while they search for new employment.
• Health and Safety Protections: The South Carolina Occupational Safety and Health Act (SCOSHA) mirrors federal OSHA standards, aiming to ensure that the work environment is safe. Employers are required to provide workplaces free of recognized hazards, offer necessary safety training, and report severe injuries, among others. Employees also have the right to request a SCOSHA inspection if they believe unsafe conditions or violations are present at the workplace.
• Pregnancy Accommodations: Under South Carolina law, specifically the South Carolina Pregnancy Accommodations Act, employers are required to provide accommodations to full-time salaried employees for medical needs arising from pregnancy, childbirth, or pregnancy-related medical conditions. This may include more frequent or longer break periods, temporary transfer to a less strenuous or hazardous position, or modifications to workstations.
• Military Leave: The state respects the federal Uniformed Services Employment and Reemployment Rights Act (USERRA), which protects the job rights of individuals who voluntarily or involuntarily leave employment positions to undertake military service. Additionally, South Carolina has specific protections for members of the state’s National Guard called to state duty, ensuring they can return to their previous job or a comparable one.
• Jury Duty and Court Appearances: Employees in South Carolina are protected if they must miss work due to jury duty or court appearances. State law prohibits employers from firing, demoting, or otherwise penalizing employees who are fulfilling their civic responsibilities.

While South Carolina state law ensures these protections and benefits, it’s important to recognize that many employers may provide additional benefits not mandated by law, such as paid vacation, retirement plans, and health insurance. These are typically outlined in the employment contract or employee handbook. Employees are encouraged to familiarize themselves with these documents to fully understand the range of benefits available to them.

Furthermore, if you believe your rights have been violated, you should consider seeking guidance from a legal professional or the appropriate government agency, such as the South Carolina Department of Labor, Licensing and Regulation (LLR). After all, being informed about the rights and the state’s mandates is crucial in advocating for fair treatment in the workplace.

If you are a salaried employee in South Carolina whose rights are being violated, it’s essential to know how to report these concerns appropriately. Taking action can help ensure that you are treated fairly and in accordance with the law. This section will walk you through the steps to report violations to the South Carolina Division of Labor or other relevant authorities.

• Understand Your Rights: Before you actually report a violation to authorities, familiarize yourself with your rights as an employee in South Carolina. The state’s labor laws cover a range of issues, including wage and hour regulations, workplace safety, and discrimination. Knowing the specifics of what constitutes a violation will make your report more effective.
• Document the Violation: Before reaching out, gather all relevant evidence, including pay stubs, emails, photographs, witness statements, or any other documentation that supports your claim. This evidence will strengthen your case and assist the authorities in their investigation.
• Contact the South Carolina Division of Labor: To formally report a violation, contact the South Carolina Division of Labor. They have a dedicated hotline and online reporting system for employees. When submitting your report, provide as much detail as possible, including your evidence, the nature of the violation, the dates it occurred, and any other pertinent information.
• Follow Up: After you’ve made your report, be proactive in following up. While the Division of Labor will conduct its own investigation, staying informed about the process will ensure you remain an active participant in seeking resolution. If contacted by an investigator or other official, cooperate fully and provide any additional information they might request.
• Know Your Protections: South Carolina labor laws also protect salaried employees from retaliation by the employers for reporting company-related violations. For instance, if you experience any adverse actions, such as demotion, termination, or harassment, after submitting your report, be sure to document these incidents and inform the Division of Labor immediately.

Greenville, South Caroline, in a notable judgment reinforcing the tenets of the Age Discrimination in Employment Act (ADEA), Keer America Corporation, a prominent textile firm, has consented to a $32,000 settlement. The case, EEOC v. Keer America Corporation (0:17-CV-02360), arose after the company rescinded an employment offer and subsequently terminated Scott Gamble post-discovery of his age, signaling a clear violation of the ADEA.

The United States Equal Employment Opportunity Commission (EEOC) took up the mantle after initial efforts for a pre-litigation settlement faltered, leading to a formal court suit. Post-judgment of case, besides the monetary amends, Keer America Corporation is mandated under a two-year consent decree to overhaul its anti-discrimination protocols, enlighten managerial staff, and maintain transparency with the EEOC on similar future grievances.

Key Takeaways from the Case

• Compliance with the Age Discrimination in Employment Act (ADEA) is extremely non-negotiable; deviations can lead to legal repercussions and financial liabilities.
• Employers must rigorously train team members of the human resources department and managerial staff to preclude age-based bias within hiring, retention, or termination practices.
• Consent decrees serve not only as immediate corrective measures but also as tools for ongoing oversight, ensuring firm adherence to anti-discrimination statutes within the workspace.
• Transparent grievance redress mechanisms and comprehensive internal policies, clearly reflective of federal laws, are essential in preempting potential discriminatory incidents.
• The U.S Equal Employment Opportunity Commission (EEOC) remains a proactive enforcer of employment equality, signifying an environment of decreasing tolerance for discrimination.

In a landmark settlement highlighting the vulnerabilities of guest workers under the H-2B visa program, the Kiawah Island Inn Golf Resort has agreed to pay $2.3 million to more than 240 Jamaican workers. The lawsuit, brought forward by the Southern Poverty Law Center (SPLC) in the case of SPLC vs. Kiawah Island Inn Golf Resort, alleged systemic wage theft affecting housekeepers, servers, bell persons, and other staff from the year 2012 through 2014. 

These workers, integral to the resort’s operations, especially during the hosting of the 2012 PGA Championship, reportedly faced unfair recruitment fees and excessive transportation and housing costs, reducing their earnings below the legal standards set by the H-2B program.

This settlement comes after intensive legal efforts by the The Southern Poverty Law Center (SPLC), underscoring the organization’s commitment to protecting guest workers’ rights. The workers, despite their contributions to the luxury resort’s success and reputation, endured conditions reported by the SPLC as being “close to slavery,” highlighting the urgent need for more stringent oversight of the H-2B program’s implementation by employers and recruiters.

Key Takeaways from the Case

• Vigilance in upholding workers’ rights is essential to prevent systemic abuse.
• Legal advocacy groups play a critical role in ensuring justice for exploited workers.
• Employers and recruiters must strictly adhere to “prevailing wage” regulations and ensure transparency in fee charges to maintain the integrity of the H-2B program.
• Settlements of this nature strongly emphasize the pressing need for stronger regulatory oversight and comprehensive reform within guest worker programs and others. 
• Continued exposure and consistent legal action are vital in effectively combating human trafficking and severe exploitation risks associated with these employment programs.