State and federal laws in South Carolina provide various rights and protections to workers. Employers in the state must know these laws to avoid violating their employees’ rights, which could expose an employer to significant liability.
Employment-at-Will Rules
South Carolina follows an “at-will” employment system. At-will employment means that an employee can quit their job at any time, and an employer can terminate the employee at any time and for any reason (or no reason at all), as long as the employer’s reason(s) for terminating the employee do not violate state or federal laws or public policy. However, an employer-employee relationship in South Carolina may fall outside the scope of the at-will employment doctrine when an employee has an agreement that outlines the grounds on which the employer may terminate the employee (including implied agreements through HR/employee handbooks).
Wage and Hour Requirements
South Carolina follows most of the wage and hour rules set in the federal Fair Labor Standards Act, including the minimum wage of $7.25 per hour and the requirement to pay non-exempt employees time-and-a-half for all time worked over 40 hours in a workweek. Wage and hour laws impose other requirements for employers, including:
- Providing timely payment of wages according to the employer’s established pay cycles (e.g., weekly, bi-weekly, etc.)
- Limits on the types of deductions employers can make from paychecks
- Requirements for employers to obtain employee authorization before making paycheck deductions
Workplace Safety Obligations
South Carolina state regulators and the federal Occupational Safety and Health Administration issue and enforce workplace safety regulations. These regulations, which can vary by industry, require employers to undertake hazard mitigation efforts, train supervisors and employees on safety procedures and how to perform work tasks safely, report worker injuries to regulators, and keep workplace safety records that allow regulators to assess the safety of an employer’s workplaces.
State and federal regulators have the authority to inspect workplaces to ensure an employer’s regulatory compliance. Regulators can also impose fines and penalties on businesses that violate workplace safety regulations.
Anti-Discrimination Laws
Various laws prohibit employers from discriminating against or harassing employees based on their protected characteristics. These laws include federal statutes such as Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, the Age Discrimination in Employment Act, and the Equal Pay Act, as well as South Carolina’s Human Affairs Law.
State and federal law designate specific protected characteristics for employees that cannot serve as the basis for an employer’s employment decisions, including:
- Race
- Color
- National origin
- Religious beliefs
- Age (over 40)
- Sex/gender
- Sexual orientation
- Disability
- Pregnancy
- Genetic information
Employers may not make employment decisions, including hiring, promotion, pay, and termination, based on these protected characteristics. Employers also cannot create or knowingly permit a hostile work environment that harasses workers on the basis of their protected characteristics.
Protected Leave Laws
Federal laws also provide workers in South Carolina with certain job-protected leave, which means that an employer must hold a job or reemploy a worker who takes protected leave. The Family and Medical Leave Act allows eligible employees to take up to 12 weeks of unpaid job-protected leave for particular family and medical reasons, including recovering from serious (non-work-related) injury or illness, caring for a family member with a serious injury or disease, or the birth or adoption of a child.
The Uniformed Services Employment and Reemployment Rights Act also protects civilian jobs for military service members who must perform active duty, training, or full-time National Guard duty. The law allows service members to return to the job they would have had but for their military service, including with seniority, promotions, and pay increases.
Contact Our Firm Today for Help Understanding Your Legal Requirements
South Carolina businesses that employ workers must comply with various state and federal employment and labor laws, making legal counsel beneficial for understanding your company’s obligations. Contact Willcox, Buyck & Williams, P.A., today for a confidential consultation with an employment law attorney to learn more about the essential legal requirements employers in South Carolina must comply with.