South Carolina Labor Laws – Find Labor Lawyers SC

South Carolina has labor laws to protect employees in their workplace. Employers must follow South Carolina laws to make sure that employees are not losing the rights the state has given them. Employees should look into their rights to ensure that their employer follows the law. Violations of labor laws can be complex and may require legal action to resolve any disputes that might arise.

What is the Difference Between Part-Time vs. Full-Time in South Carolina?

South Carolina does not have a set amount of hours to work to be part-time or full-time. Instead, it depends on your employer. Most employers consider 40 hours per week full-time, and anything less is part-time. Employees should speak to their Human Resources department to see if they are considered part-time or full-time employees. Part-time or full-time status can have various effects on a person’s employment arrangement, including their:

• Medical, dental, and life insurance options
• Retirement benefits
• Overtime pay status

South Carolina does not require that employers provide benefits to any workers. That means that benefits such as life insurance are subject to agreement between employers and employees. If they have one, the employer might spell out what they offer in their standard employment contract. Alternatively, the information may be included in an employee handbook.

Understanding Minimum Wage and Overtime in South Carolina

South Carolina does not have its own set minimum wage. Rather, it follows the federal minimum wage of $7.25 per hour. Tipped employees must be paid at least $2.13 per hour. These rates are subject to legislative change over time.

South Carolina does not have its own state laws about overtime. Instead, employers are expected to follow the federal Fair Labor Standards Act, meaning they must pay 1-½ times the regular pay rate if an employee works more than 40 hours per week. South Carolina does not place any limits on the amount of overtime that employers can expect of their employees.

Disputes over wage rates and overtime pay can result in a wage and hour lawsuit. A common example of such a dispute is when a South Carolina employee works overtime hours and should earn an overtime rate, but the employer withholds some or all of their overtime pay. The employer may face legal consequences due to the violation in such cases.

In many cases, the issue with a paycheck involves miscalculating the number of hours the employee has worked or a mistake regarding their pay rate. For example, a person might receive a paycheck, but it might not be for the full amount owed due to some issue with calculating the person’s hours. In other cases, the amount paid might not be correct because of an error, oversight, or intentional issue with their wage rate.

A wage and hour lawsuit may be necessary in these situations. These types of claims allow the courts to review the situation and determine the appropriate remedy for the employee. In some cases, many other employees may be affected as well (such as when there is a policy in the office that violates wage laws).

If many workers have had the same problem with their paychecks, a lawsuit may be filed as a class action suit. In a class action suit, a group of people with similar complaints band together and sue the defendant as if they were one plaintiff. If the defendant loses, the defendant will have to make a single large payment to cover all owed to the whole group of people. They will then divide it up amongst the class’s members.

A class action suit can be very helpful if the amount of money you would individually sue for is relatively low – particularly if it is not high enough to be economically practical to file your lawsuit. By uniting your claims with those of your co-workers, you will share all of the costs of bringing a lawsuit with the group members.

Do Employees Have Health Benefits in South Carolina?

No specific laws in South Carolina cover employees and required health benefits. Instead, the state follows the federal Affordable Care Act (ACA), wherein any employer with more than 50 full-time employees must offer health insurance. This plan must cover at least 60% of typical health costs. If your company has fewer than 50 employees, then it is up to the employer to decide if they will provide health insurance.

Are There Any Legal Restrictions Against Firing, Suspending or Disciplining Employees?

Employers may legally terminate an employee at any time for any reason or for no reason without incurring legal liability. However, an employer may not discriminate against any employee based on the employee’s race, sex, age, religion, color, national origin, or disability. Likewise, an employee can leave a job at any time for any reason, with no adverse legal consequences.

Does South Carolina Offer Employment Discrimination Protection?

Federal law makes it illegal to discriminate against an employee on the basis of race, color, religion, sex, national origin, age, disability, genetic information, or citizenship status based on federal laws. This applies to all states, including South Carolina. Additionally, the South Carolina Human Affairs Law prohibits South Carolina employers from discriminating against employees for their familial status.

If you are the victim of workplace discrimination,, you must first file a complaint with either the federal Equal Employment Opportunity Commission (EEOC) or the South Carolina Human Affairs Commission. You should be careful about several time limits, so be sure to speak with an employment lawyer to find out what they are and how they may affect your ability to bring a claim. South Carolina makes it illegal for an employer to retaliate against an employee for filing such a complaint.

If you file in a state court in South Carolina, you cannot sue for pain and suffering or punitive damages. If you file with a federal court, the amount you can receive depends on the size of the company. The damage limits are listed below:

• Maximum of $50,000 for companies with 15 to 100 employees
• Maximum of $100,000 for companies with 101 to 200 employees
• Maximum of $200,000 for companies with 201 to 500 employees
• Maximum of $300,000 for companies with more than 500 employees

Does South Carolina Have Paid Time-Off?

South Carolina is bound by the federal Family and Medical Leave Act (FMLA), which covers employees that are employed by companies that have 50 or more employees. Under the law, employers must provide up to 12 weeks of unpaid leave if the employee or a relative becomes seriously ill. During that time, the employer cannot stop medical and health benefits, and employees have the right to return to their job when they return.

South Carolina does not require employers to provide vacation or sick leave. Private employers can make employees work holidays, but government employees have public holidays off.

Where Can I Find a South Carolina Lawyer to Help Me?

Challenging an employer about labor law violations can be daunting. If you think your employer is denying your rights and the protections offered by South Carolina and federal laws, you need to consult a South Carolina labor lawyer. Your attorney can provide legal advice, guidance, and representation for your particular employment law issue.