There are limited protections for employees governing the payment of wages in the State of South Carolina. The federal government, however, has passed numerous laws, including the Fair Labor Standards Act, that are designed to place a minimum amount on what is owed by an employer to employees.
The South Carolina Payment of Wages Act provides rules and guidelines governing the responsibilities of employers to their employees regarding payment of wages.
There are several different types of employment relationships an individual may be involved in, for example, part-time vs. full-time and salaried vs. contract. No matter the type of employment an individual is involved in, the way their employer is required to pay them will be determined by their employment agreement.
In South Carolina, there is no mandate requiring that employees be paid weekly or monthly. If an individual believes they are not being paid in a timely manner, they should review their employment agreement.
If an employee does not receive their payment of wages on time, the employee has the right to file a written demand. If the employer fails to pay their wages within 14 days of this written demand, the employee may be able to recover a significant penalty if they file a civil lawsuit.
It is illegal to punish or fire an employee if they file a claim for their unpaid wages. Filing a claim for unpaid wages may include:
In general, if the issue is simply a mistake or oversight by the company’s human resources (HR) department, filing an internal complaint will typically be sufficient. If, however, the complaint involves the HR department itself, or if the internal complaint does not resolve the issue, it may be necessary to file a civil lawsuit.
If there are numerous employees who are affected by unpaid wages, it may be possible to file a class action lawsuit. There are several different options an employee can use to recover their unpaid wages.
An employee may file a lawsuit within 2 years of the violation, or the date that the wages became unpaid. This applies unless an employer’s violation is willful.
If the violation was willful, the time limit is 3 years. In addition, an employee is not permitted to file a private lawsuit if they have already been paid back their wages as a result of a complaint filed with the WHD.
If an employee is a member of a union at their place of employment, their first step would be to report their issue to a union representative. The union may be able to resolve their problem.
It is important to note that the state where the employee resides may also provide them with other options to recover their unpaid wages as well as different remedies for employees who succeed in proving a violation occurred.
Employers in South Carolina are not required to pay for employee’s unused vacation or sick days in their final paycheck. It is important to note, however, that the individual’s employment agreement may require their employer to compensate them for that time.
It is important for an employee to have a current copy of their employment agreement available for review. If an employee is fired from their job or voluntarily quits, South Carolina law requires that their employer pay them for all wages they are due within 48 hours of their termination or on their next regularly-scheduled payday.
In the majority of situations, an employer is required to pay earned wages within 30 days of the employee no longer being employed.
Wage garnishment occurs when a certain amount of an individual’s earned wages are taken directly from their paycheck to pay their obligations or debts that are owed to other parties. For example, an individual’s wages may be garnished if they have failed to pay their taxes or child support.
In certain cases, a court order will be required before a wage garnishment can occur. There are, however, situations where a court order is not required.
In general, an individual is entitled to review the documentation that their employer is relying on that shows that their wages can be lawfully garnished. If an individual’s employer is garnishing their wages but is unwilling to show them why, they should contact an employment lawyer.
Under South Carolina labor laws, employees are entitled to certain damages when they suffer an improperly withheld paycheck. As previously discussed, employee’s wages are to be paid at specific times.
The failure to make timely payments may be harmful to employees. For example, an improperly withheld paycheck may result in an individual missing their mortgage payment or other debt payments which, in turn, leads to late payment penalties, or worse.
In the majority of cases, a damages award will provide full recovery for an employee for their losses. Common remedies that are awarded in unpaid wages claims include:
South Carolina law requires that every employer must notify an employee in writing, in their employment agreement, at the time of their hiring of their normal hours and wages. In addition, the employment agreement is required to explain which deductions will be made from their wages.
Deductions are reductions in an employee’s wages for items including health insurance. If an individual believes illegal deductions are being taken from their paycheck, they may file a labor complaint.
If an employer fails to pay all of the wages, salary, or benefits to which the employee is entitled is a form of wage theft. Unpaid wages may include:
These are sometimes referred to as withheld salary or withheld wages, and is an illegal practice. Wages may be unpaid in a number of ways, including:
If you believe that your wages have not been paid in a timely manner, it is in your best interests to contact an experienced South Carolina employment lawyer.
Your lawyer can review your situation, determine if your employer has violated the law, and advise you of your rights and options under South Carolina law.
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