Understanding Payment of Wages Act: Regulations & Procedures
Explore key provisions of the Payment of Wages Act, including definitions, payment requirements, penalties, and administrative appeals. Learn about wage laws, employee rights, and enforcement measures in South Carolina.
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Presentation Transcript
Kristina Baker, Chief of Labor Katherine Myers, Attorney
Payment of Wages Frequently Asked Questions State Comparison Upcoming Changes
https://www.youtube.com/watch?v=l- gQLqv9f4o
Payment of Wages Act Title 41, Chapter 10 of the South Carolina Code of Laws www.scstatehouse.gov
41-10-10. Definitions 41-10-20. Applicability to Chapter 41 wages and hours agreed upon; recordkeeping requirements; requirement of itemized statement of gross pay and deductions for each pay period. 41- -10 wages and hours agreed upon; recordkeeping requirements; requirement of itemized statement of gross pay and deductions for each pay period. 10- -30. Notification to employees of 30. Notification to employees of
41 wages to employee s credit; prohibition against deduction in absence of written notice; time and place of payment 41-10-50. Payment of wages due discharged employees 41-10-60. Unconditional payment of wages conceded due. 41-10-70.; Investigation of alleged violations resolution of disputes. 41- -10 wages to employee s credit; prohibition against deduction in absence of written notice; time and place of payment 10- -40. Medium of payment; deposit of 40. Medium of payment; deposit of
41 actions by employees; administrative review of civil penalties 41-10-90. Actions for collection of penalties; deposit of amounts collected 41-10-100. Prohibition against private agreements contravene chapter 41-10-110. Right of Commissioner of Labor to enter and to conduct investigation 41- -10 actions by employees; administrative review of civil penalties 10- -80. Violations and penalties; civil 80. Violations and penalties; civil
Payment of Wage Administrative Appeals Hearings Chapter 71, Article 6 www.scstatehouse.gov
Does your agency investigate allegations of human trafficking or human smuggling Does your agency investigate allegations of human trafficking or human smuggling? ? Does my employer have to provide me with breaks and time for lunch/dinner during the day? Does my employer have to provide me with breaks and time for lunch/dinner during the day?
Who do I contact if I feel as though I was terminated unfairly Who do I contact if I feel as though I was terminated unfairly? ? How long does an employer have to keep records? How long does an employer have to keep records?
Is vacation time due to employee at time of termination? Is vacation time due to employee at time of termination? When are employee wages due after separation? When are employee wages due after separation?
Should an employee be paid for travel time? Should an employee be paid for travel time? What is the minimum wage in SC? What is the minimum wage in SC?
What are the rules that govern overtime pay? What are the rules that govern overtime pay? May an employer garnish an employee s wages? May an employer garnish an employee s wages?
Georgia Tennessee Maryland Virginia West Virginia North Carolina Georgia Tennessee Maryland Virginia West Virginia North Carolina
Similarities: Employees may be paid by cash, check or direct deposit No law on reduction of employee wages Recordkeeping requirements
Minimum wage Pay employees at least twice per month No law on payment upon separation (timing) No law on payment in dispute No law on deductions No notice requirement of wages and deductions No minimum recordkeeping requirement Separation Notice, GA Dept of Labor Form
Similarities: No minimum wage Fringe benefits (vacation, holiday, etc.) not regulated by state law Contemplates separation pay Wage deduction
Required breaks and meals Separation: Next paycheck (not over 21 days) Wage Reduction Pay employees twice a month Separation Pay: on or before regular pay day
Similarities: Garnishments prohibited generally Vacation pay determined by employer s written policy Recordkeeping: 3 years
Minimum wage Regulate overtime Pay employees at least twice a month Shift break allowed for certain retail establishments Wage Reduction: one pay period notice
Similarities: Fringe benefits not required under law Cash, check or direct deposit No payment frequency Do not regulate overtime No lunch/breaks
Minimum wage Payroll debit cards (limited circumstances) Garnishment Employees may be paid biweekly, bimonthly or monthly
Similarities: Garnishment Fringe Benefits not regulated
Minimum Wage Pay employees at least twice a month Separation pay: Payday Reduction: full pay period s notice
Similarities: Wages in disputes Garnishment allowed generally Fringe benefits not required Notification requirements for wages Recordkeeping: 3 years
Minimum wage Overtime Frequency: daily, weekly, bi-weekly, semi- monthly, monthly Separation pay: Next payday
http://www.charlotteobserver.com/news/poli tics-government/article38692302.html
More definitions Clarity on Payment section (41-10-40) Pay card Future technology Violation of Penalty Assessment Collection Flesh out Regulation Appeals Process
Division.labor@llr.sc.gov Kristina Baker Kristina.baker@llr.sc.gov 803.896.1083 Kristina Baker, Chief of Labor Katherine Myers Katherine.myers@llr.sc.gov 803.896.2209 Katherine Myers, Attorney
