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If you do not find the answer to your question through these summaries or you
find the answer you are looking for.
Payment upon Separation from Employment
Employees who are fired, discharged, terminated, or laid off
An employer must pay an employee who is discharged from employment, no matter the
reason, all wages due within 48 hours of the separation or the next regular payday which
may not exceed thirty days. South Carolina Stat. 41-10-50
Employees who quit or resign
South Carolina does not have a law specifically addressing the payment of wages to an
employee who quits, however, to ensure compliance with known laws, an employer should
pay employee all wages due no later than the regular pay day for the pay period during
which the separation from employment occurred.
Employees who are suspended or resigns due to a labor dispute (strike)
South Carolina does not have a law specifically addressing the payment of wages to an
employee who leaves employment due to a labor dispute, however, to ensure compliance
with known laws, an employer should pay employee all wages due no later than the
regular pay day for the pay period during which the separation from employment occurred.
Wages in Dispute
In case of a wages dispute, an employer must pay an employee all uncontested wages
and provide the employee a written statement of the wages conceded to be due. South
Carolina Stat. 41-10-60
Deductions from Wages
An employer may not withhold, deduct, or divert any portion of an employee’s wages unless:
- permitted by state or federal law, or
- the employer has given the employee written notice of the withholding or deduction at the
time of hire, or
- the employer has given the employee at least seven (7) days written notice of the
withholding or deduction.
South Carolina Stat. 41-10-40
An employer must comply with the above requirements before deduction wages for :
- shortages,
- damages,
- rent,
- uniforms,
- tools, or
- any other necessary item.
Uniforms, Tools, and Other Equipment Necessary for Employment
South Carolina does not have any laws prohibiting an employer from requiring an
employee to purchase a uniform, tools, or other items necessary for employment.
Medical or Physical Exams, including Drug Tests, Required for Employment
South Carolina does not have any laws prohibiting an employer from requiring an applicant
or employee to pay the cost of a medical examination or the cost of furnishing any records
required by the employer as a condition of employment.
Statement of Wages (Pay Stub)
An employer must furnish each employee an itemized statement showing their gross pay
and deduction for each pay period. South Carolina Stat. 41-10-30
Record Keeping Requirements
An employer must retain the names, addresses, wages paid each payday, and deductions
of each employee for three (3) years. South Carolina Stat. 41-10-30
Frequency of Wage Payments
South Carolina does not have any laws dictating when or how frequently an employer must
pay employees their wages.
Manner of Payments
An employer may pay wages by:
- cash,
- check, or
- direct deposit.
South Carolina Stat. 41-10-40
Direct Deposit
An employer may pay an employee by direct deposit, so long as the bank does business
in South Carolina, the bank is insured by a federal agency, and the employee is entitled to
at minimum one withdrawal per month from the account without having to pay a fee. South
Carolina Stat. 41-10-40
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Notice Requirements
An employer must notify each employee in writing at the time of hire of:
-their normal hours,
-wages agreed upon,
- the time and place of payment, and
- the deductions that will be made from the wages, including payments to insurance
programs.
An employer can satisfy this notification requirement by posting the terms conspicuously at
or neat the employee’s place of work. An employer must provide an employee at least
seven (7) days notice of any changes in the above listed terms, except for wage increases.
South Carolina Stat. South Carolina Stat. 41-10-30
Wage Payment Laws for Private Sector Employers
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Topics Covered:
- Frequency of Wage Payments
- Manner of Payments
- Payment upon Separation from Employment
- Employees who are fired, discharged, or terminated
- Employees who quit or resign
- Employees who is suspended or resigns due to a labor dispute (strike)
- Employees who are laid off
- Wages in Dispute
- Cash shortages
- Damage, loss or destruction of employer property
- Dishonored or returned checks
- Uniforms
- Tools and other items necessary for employment
- Pre-hire medical, physical, or drug tests
- Notice of Wage Reduction
- Statement of Wages (Pay Stub)
- Record Keeping Requirements
- Notice Requirements