South Carolina employment law compliance requirements

To prevent an employee handbook, policy, or manual from creating an implied contract of employment, employers must include a conspicuous disclaimer. The disclaimer must be placed on the first page of the document, written in underlined capital letters, and signed by the employee.

S.C. Code Ann. § 41-1-110 · effective Jul 2004 · source

Sexual harassment is a form of sex discrimination prohibited under Title VII.

42 U.S.C. § 2000e-2 · effective Jan 2020

Prohibits employment discrimination based on race, color, religion, sex, or national origin.

42 U.S.C. § 2000e et seq. · effective Jan 2020

WARN notices must include: whether closing/layoff is permanent or temporary, expected date, whether bumping rights exist, name/contact for company representative.

29 U.S.C. § 2102 · effective Jan 2020

Applicable Large Employers (50+ full-time and full-time-equivalent employees) must offer affordable, minimum-value health coverage to full-time employees and their dependents or risk an employer shared responsibility payment.

26 U.S.C. § 4980H · effective Jan 2015

Agreement must advise employee to consult with attorney

29 U.S.C. § 626(f)(1)(E) · effective Oct 1990

Eligible employees entitled to 12 weeks unpaid leave

29 U.S.C. § 2612(a)(1) · effective Aug 1993

Employers must maintain anti-harassment policies

42 U.S.C. § 2000e-2 · effective Jul 1964

Employers must notify employees in writing at the time of hire of their agreed-upon hours, wages, and the time and place of payment, as well as any deductions. Any changes to these terms require at least seven calendar days' written notice before they take effect.

S.C. Code Ann. § 41-10-30 · effective Jun 1990 · source

Manufacturing employers who require employees to give notice before quitting under penalty of wage forfeiture must provide at least two weeks' notice before discharging employees or shutting down operations. This acts as a state-specific mini-WARN notice requirement for the manufacturing sector.

S.C. Code Ann. § 41-1-40 · effective Jan 1976 · source

Employers with 15 or more employees must provide written notice to new employees at the time of hire, and to existing employees, of their right to be free from discrimination and to receive reasonable accommodations for medical needs arising from pregnancy, childbirth, or related medical conditions.

S.C. Code Ann. § 1-13-80(I) · effective May 2018 · source

Employers must conspicuously post the official South Carolina Department of Labor, Licensing and Regulation (LLR) 'Workplace Laws' poster in a location accessible to all employees. This poster consolidates state-specific requirements regarding OSHA, labor standards, and other employment rights.

S.C. Code Ann. § 41-15-90 & § 41-1-10 · effective Jan 1976 · source

Employers must provide 60 days advance notice of plant closings (50+ employees) or mass layoffs (500+ or 50-499 if 33% of workforce).

29 U.S.C. § 2101 et seq. · effective Jan 2020

60 days advance notice for plant closings and mass layoffs

29 U.S.C. § 2102 · effective Feb 1989

Employers are prohibited from dismissing or demoting an employee because they are called to serve on a jury. This protection ensures employees can fulfill their civic duty without facing adverse employment actions.

S.C. Code Ann. § 41-1-70 · effective Jun 1986 · source

Employers are prohibited from discriminating against or discharging any employee because they have testified or are about to testify in any investigation or proceeding related to South Carolina labor laws. This ensures employees can cooperate with state labor investigations without fear of retaliation.

S.C. Code Ann. § 41-1-50 · effective Jan 1976 · source

Employers are prohibited from discharging employees because of their political opinions or their exercise of civil rights guaranteed by the Constitution. This protects employees' private political beliefs and voting activities from employer retaliation.

S.C. Code Ann. § 16-17-560 · effective Jan 1962 · source

Employers are prohibited from terminating or discriminating against employees who are volunteer firefighters or emergency medical services providers due to absences caused by responding to emergencies. This protection applies if the emergency response occurs prior to the start of their shift.

S.C. Code Ann. § 41-1-100 · effective Jun 2006 · source

Upon separation of employment, the employer must pay all wages due to the discharged employee within 48 hours of the separation or on the next regular payday. This payment period cannot exceed 30 days from the date of written notice of separation.

S.C. Code Ann. § 41-10-50 · effective Jun 1990 · source

Employees 40+ must be given 21 days to consider individual severance agreements

29 U.S.C. § 626(f)(1)(F)(i) · effective Oct 1990

Employees 40+ in group terminations must be given 45 days to consider

29 U.S.C. § 626(f)(1)(F)(ii) · effective Oct 1990

All South Carolina employers must verify the employment eligibility of all newly hired employees through the federal E-Verify system within three business days of hire. Failure to comply can result in the suspension or revocation of the employer's business licenses.

S.C. Code Ann. § 41-8-20 · effective Jan 2012 · source

Applicable Large Employers (50+ full-time and full-time-equivalent employees) must file annual information returns (Forms 1094-C and 1095-C) with the IRS and furnish Form 1095-C to each full-time employee.

26 U.S.C. § 6056 · effective Jan 2015

Private employers with 100 or more employees (and certain federal contractors with 50 or more) must annually file the EEO-1 Component 1 Report with the EEOC, reporting workforce demographic data by job category, sex, race, and ethnicity.

42 U.S.C. § 2000e-8(c) · effective Jan 1966

Employees 40+ must be given 21 days to consider a separation agreement that includes a release of age discrimination claims.

29 U.S.C. § 626(f)(1)(F) · effective Jan 2020

In group terminations, employees 40+ must be given 45 days to consider a separation agreement.

29 U.S.C. § 626(f)(1)(H) · effective Jan 2020

Employees 40+ must have 7 days to revoke after signing

29 U.S.C. § 626(f)(1)(G) · effective Oct 1990

Federal minimum wage rate

29 U.S.C. § 206(a)(1) · effective Jul 2009

Overtime pay for hours worked over 40 in a workweek

29 U.S.C. § 207(a)(1) · effective Oct 1938

Employers must provide reasonable daily unpaid break time (or permit the use of paid breaks) and a private room or other location, other than a toilet stall, for an employee to express breast milk. The space must be shielded from view and free from intrusion.

S.C. Code Ann. § 41-1-130 · effective Jul 2020 · source

Group terminations must disclose job titles and ages of affected employees

29 U.S.C. § 626(f)(1)(H) · effective Oct 1990