cbs-news-data / wage-theft-data

Collection of state wage theft complaints by CBS News
https://www.cbsnews.com/news/owed-employers-face-little-accountability-for-wage-theft/
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Outstanding questions for South Carolina data #17

Closed cmhac closed 2 years ago

cmhac commented 2 years ago
cmhac commented 2 years ago

Sent to Kathy Burgess today

cmhac commented 2 years ago

this one is weird, it's both

Good Afternoon Mr. Hacker.

Recordkeeping and failure to pay wages means they were found in violation of record keeping requirements as outlined by SC Code of Laws 41-10-30 and in violation of failure to pay wages as outlined in 41-10-40.

SECTION 41-10-40. Medium of payment; deposit of wages to employee's credit; prohibition against deductions in absence of written notice; time and place of payment.

(A) Every employer in the State shall pay all wages due in lawful United States money or by negotiable warrant or check bearing even date with the payday.

(B) An employer may deposit all wages due to the employee's credit at a financial institution which is doing business in the State and is insured by an agency of the federal government. When an employee's wages are paid by deposit at a financial institution, he must be furnished a statement of earnings and withholdings. Any wage deposit plan adopted by an employer shall entitle each employee to at least one withdrawal for each > deposit, free of any service charge.

(C) An employer shall not withhold or divert any portion of an employee's wages unless the employer is required or permitted to do so by state or federal law or the employer has given written notification to the > employee of the amount and terms of the deductions as required by subsection (A) of Section 41-10-30.

(D) Every employer in the State shall pay all wages due at the time and place designated as required by subsection (A) of Section 41-10-30.

SECTION 41-10-30. Notification to employees of wages and hours agreed upon; recordkeeping requirements; requirement of itemized statement of gross pay and deductions for each pay period.

(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.

(C) Every employer shall furnish each employee with an itemized statement showing his gross pay and the deductions made from his wages for each pay period.

Lesia Shannon Kudelka Communications Director and Ombudsman S.C. Department of Labor, Licensing and Regulation 110 Centerview Drive, Columbia, S.C. 29210