Kristina Baker Chief of Labor Katherine Myers Attorney Payment of Wages Frequently Asked Questions State Comparison Upcoming Changes Overview Pep Talk from Kid President httpswwwyoutubecomwatchvlgQLqv9f4o ID: 705426
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Slide1
Division of Labor: Wages
Kristina Baker, Chief of Labor
Katherine Myers, AttorneySlide2
Payment of Wages
Frequently Asked Questions
State Comparison
Upcoming Changes
OverviewSlide3
Pep Talk from Kid President
https://www.youtube.com/watch?v=l-gQLqv9f4oSlide4
Payment of Wages Act
Title 41, Chapter 10 of the South Carolina Code of Laws
www.scstatehouse.gov
SC Payment of WagesSlide5
41-10-10. Definitions
41-10-20. Applicability to Chapter
41-10-30. Notification to employees of wages and hours agreed upon; recordkeeping requirements; requirement of itemized statement of gross pay and deductions for each pay period.
SectionsSlide6
41-10-40. Medium of payment; deposit of 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.Slide7
41-10-80. Violations and penalties; civil 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 investigationSlide8
Payment of Wage Administrative Appeals Hearings
Chapter 71, Article 6
www.scstatehouse.gov
SC RegulationsSlide9Slide10
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?
Frequently Asked QuestionsSlide11
Who do I contact if I feel as though I was terminated unfairly?
How long does an employer have to keep records?Slide12
Is vacation time due to employee at time of termination?
When are employee wages due after separation?Slide13
Should an employee be paid for travel time?
What is the minimum wage in SC?Slide14
What are the rules that govern overtime pay?
May an employer garnish an employee’s wages?Slide15
Georgia
Tennessee
Maryland
Virginia
West Virginia
North Carolina
Laws in Other StatesSlide16
Similarities:
Employees may be paid by cash, check or direct deposit
No law on reduction of employee wages
Recordkeeping requirements
GeorgiaSlide17
Minimum wage
Pay employees at least twice per monthNo law on payment upon separation (timing)No law on payment in disputeNo law on deductions
No notice requirement of wages and deductions
No minimum recordkeeping requirement
Separation Notice, GA Dept of Labor Form
DifferencesSlide18
Similarities:
No minimum wage
Fringe benefits (vacation, holiday, etc.) not regulated by state law
Contemplates separation pay
Wage deduction
Tennessee-Wage RegulationsSlide19
Required breaks and mealsSeparation: Next paycheck (not over 21 days)
Wage Reduction Pay employees twice a monthSeparation Pay: on or before regular pay day
DifferencesSlide20
Similarities:
Garnishments prohibited generally Vacation pay determined by employer’s written policyRecordkeeping: 3 years
Maryland
Wage Payment and
Collection ActSlide21
Minimum wageRegulate overtime
Pay employees at least twice a monthShift break allowed for certain retail establishmentsWage Reduction: one pay period notice
DifferencesSlide22
Similarities:
Fringe benefits not required under law
Cash, check or direct deposit
No payment frequency
Do not regulate overtimeNo lunch/breaks
Virginia-
Payment of Wage LawSlide23
Minimum wagePayroll debit cards (limited circumstances)
GarnishmentEmployees may be paid biweekly, bimonthly or monthly
DifferencesSlide24
Similarities:
Garnishment
Fringe Benefits not regulated
West Virginia-
Wage & HourSlide25
Minimum WagePay employees at least twice a month
Separation pay: PaydayReduction: full pay period’s notice
DifferencesSlide26
Similarities:
Wages in disputes
Garnishment allowed generally
Fringe benefits not required
Notification requirements for wagesRecordkeeping: 3 years
North Carolina-
Wage and Hour ActSlide27
Minimum wageOvertime
Frequency: daily, weekly, bi-weekly, semi-monthly, monthlySeparation pay: Next payday
DifferencesSlide28
http://www.charlotteobserver.com/news/politics-government/article38692302.html
NC Department of Labor, little help for
upaid
workersSlide29
More definitionsClarity on Payment section (41-10-40)
Pay cardFuture technologyViolation of Penalty
Assessment
Collection
Flesh out RegulationAppeals Process
Upcoming ChangesSlide30Slide31
Division.labor@llr.sc.gov
Kristina Baker
, Chief of Labor
Kristina.baker@llr.sc.gov
803.896.1083
Katherine Myers
, Attorney
Katherine.myers@llr.sc.gov
803.896.2209