The key to making the most of South Carolina labor and employment law is engaging in fair hiring practices, complying with safety standards and keeping a good work environment. South Carolina labor law was originally intended to simply improve working conditions for employees, but it also improves the relationship between employers and employees. The resulting increase in productivity also increases profits for owners.

SC labor laws include regulations on specific issues such as break and lunch periods, employee-to-foreman ratios, job safety and the work environment. Labor laws must also be regularly updated to deal with changes in technology and work requirements.

South Carolina labor laws can be grouped into the following areas:

1. Overtime laws that govern how employees are to be paid after working their normal work day. These laws are most applicable for suits involving the restoration of overtime pay.
2. SC employment laws that deal with disabled workers, especially with regard to the Americans with Disabilities Act.
3. Tax laws that affect damages earned for emotional distress on lawsuits. Recent changes in these laws mean that any settlement of this type will now be far lower.

Action Steps
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Stay current on South Carolina employment laws

These laws can change frequently and it's essential that you keep up to date in order to protect your business from frivolous lawsuits and understand your rights as an employer.

I recommend: The SC Employment Law Blog posts regular blogs on employment and labor law in South Carolina. Helplinelaw.com provides excerpts of labor laws in South Carolina and also offers other resources such as the Constitution of South Carolina.

Study state guidelines to help you comply with South Carolina labor laws

South Carolina has official state websites that provide extensive information on employment regulations. There are also many other sites that provide summaries of state employment and labor laws.

I recommend: The South Carolina Legislature covers labor and employment laws under Title 41 of the state code. Learn more about labor laws at The South Carolina Department of Labor, Licensing and Regulation.

Use attorneys that specialize in South Carolina employment law firms

Employment law attorneys can help you understand the often complex laws regarding your employees. Many of these attorneys also provide summaries of these laws on their websites.

I recommend: Gignilliat Savitz & Bettis in Columbia offers links to various resources on labor and employment law in South Carolina. Learn more about employment law with the resources and newsletters at Burnette & Rothstein.

Tips & Tactics

Helpful advice for making the most of this Guide

• •  Employers with three or more employees must display mandatory South Carolina labor law posters. This is required in order to comply with both the United States Department of Labor and South Carolina Department of Labor. The most common locations for these posters are areas where employees tend to congregate during breaks such as conference rooms, lunch rooms and near time clocks.

South Carolina labor laws provide you with the information you need to stay in compliance with federal and state labor and employment laws. Labor laws first began as a way to protect employees, but now protect employers as well by spelling out the rights and responsibilities in employment.

South Carolina employment laws address hiring, firing and work conditions for employees. Understanding employment policies and staying current protects your business against lawsuits from former or current employees.

Look to SC labor laws for information on:

1. Posting SC labor law posters in places like break rooms where employees will be sure to see them

2. Understanding minimum wage policies in SC employment law

3. Learning how background checks affect privacy rights in SC labor law

Action Steps
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Know South Carolina labor laws

Learn all you can about your state labor laws, and then assign someone the responsibility of understanding updated policies that affect your business. That person will have the assignment of educating you and everyone you employ on changes in labor and employment laws.

I recommend: Knowing all there is about employment law usually falls under the jurisdiction of human resources personnel who should work closely with the South Carolina Department of Labor. You can also consult with South Carolina labor law firms on issues that pertain to your business. Study the specifics of the Fair Labor Standards Act through the Department of Labor’s elaws advisor program.

See what SC employment laws say about safe work conditions

An employer is responsible for safe working conditions, whether it's the condition of the actual building or protection against hazardous substances.

I recommend: Make sure your business complies with Occupational Safety and Health Administration (OSHA) standards. Check OSHA resources for small business. South Carolina is one of the states that administers its own OSHA program in agreement with the U.S. Department of Labor.

Stay current on SC labor law with employment software

You can never be too careful with labor and employment issues. Make sure your business complies with federal South Carolina employment laws with software that guides you.

I recommend: Check with Ascentis or WorkForce about labor law compliance software solutions.

Find out what South Carolina employment laws say about discrimination

While you wouldn't knowingly discriminate against employees, you can't always be sure. Most discrimination disputes arise on alleged discrimination based on age, gender or race. But state and federal regulations also prohibit your business from discriminating according to religion, national origin or disability.

I recommend: Review what qualifies as discriminatory practices at the Equal Employment Opportunity Commission. You’ll also find information specific to South Carolina at the South Carolina Human Affairs Commission.

Tips & Tactics

Helpful advice for making the most of this Guide

• •  Make a policy to give regular performance reviews that may tie into wage increases as recommended by SC employment law, if possible.
• •  When someone calls for a reference on a former employee, limit yourself to positive comments or verifying dates of employment.

South Carolina employment laws cover a large spectrum inclusive of wages, appropriate hiring and firing practices, safety standards, overtime calculations, medical leave and more. As a business owner it is your responsibility to be in compliance with all of the standards as required by the state of South Carolina.

As part of your South Carolina labor and employment law education and training you will need to assess how the state laws apply specifically to your business and then execute those requirements so that you are in full compliance. Here are some things to consider.

1. Obtain the appropriate business license as part of your South Carolina labor and employment law education and training.

2. Think about how SC employment law mixes with the Occupational Safety and Health Administration.

3. Go to a seminar or meet with an attorney who specializes in South Carolina labor laws.

Action Steps
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Get a business license to stay in compliance with South Carolina employment laws

The South Caroline Department of Labor requires a business license be obtained for hundreds of professions within the state. This is the first step to being in compliance with South Carolina work laws as the license will allow you to hire people and also give you additional access to state training and educational materials dealing with South Carolina labor laws.

I recommend: Check out the Division of Professional and Occupational Licensing which is under the South Carolina Department of Labor Licensing and Regulation to obtain the appropriate license. Once your license has been obtained, be sure to renew your license yearly. This can be done online for convenience.

Understand how SC labor law coincides with the SC Occupational Safety and Health Administration

As a business owner it is imperative that your workplace is safe, secure and up to the standards enforced by the state government. If there is an accident at the work place and you are out of compliance, then the labor laws will be working against you. However, if your business is in compliance, then you will not face repercussions from the state. It's important to stay current on these matters.

I recommend: Check out the website for the S. C. Occupational Safety and Health Administration and obtain a check list for your business to make sure that your facility is in compliance with state regulations. Also, be sure to familiarize yourself with how the South Carolina Safety and Health Administration requirements differ from the federal guidelines for your business.

Attend a seminar or consultation specializing in SC labor laws

When it comes to gaining a better grasp on SC work laws and how they affect your business, it is always helpful to either attend a seminar or consult with a professional attorney who specializes in SC employment laws. It will allow you to get specific answers for the nature of your business.

I recommend: Check out the Lorman Educational Services website for information on upcoming seminars on South Carolina work laws. Net Visibilities also runs a website named Legal Law Help which offers a comprehensive guide to South Carolina Law firms. Simply select that area of the state where your business resides.

Tips & Tactics

Helpful advice for making the most of this Guide

• •  Print out South Carolina labor law posters and hang them in an appropriate spot throughout your business. This will inform all of your employees of South Carolina labor laws like up-to-date minimum wage information, safety regulations and more.