South Carolina

Every employer shall keep posted in a conspicuous place in every room where five or more persons are employed a printed notice stating the provisions of the law relative to the employment of adult...


Every person who shall discharge or discriminate in the payment of wages against any person because of his membership in a labor organization shall be guilty of a misdemeanor and, upon conviction...


(A) As used in this section: (1) Employer means any person, partnership, for profit or nonprofit corporation, limited liability corporation, the State and its political subdivisions and their...


Any employer who dismisses or demotes an employee because the employee complies with a valid subpoena to testify in a court proceeding or administrative proceeding or to serve on a jury of any...


No employer may discharge or demote any employee because the employee has instituted or caused to be instituted, in good faith, any proceeding under the South Carolina Workers' Compensation Law...


The use of tobacco products outside the workplace must not be the basis of personnel action, including, but not limited to, employment, termination, demotion, or promotion of an employee. ...


Every employer in this State who requires prospective employees to complete a job training program conducted either by the employer or on behalf of the employer by an outside organization prior to...


The notice required by § 41-1-90 shall appear on any printed matter promoting the job training program and on every application for enrollment in the program in substantially the following form:...


A Division of Labor is hereby created, established, and administered under the supervision and direction of the Department of Labor, Licensing, and Regulation. A director of the Department of...


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The Director of Labor, Licensing, and Regulation, or his designee, pursuant to Section 40-73-15, may employ such personnel and prescribe their duties, powers, and functions as he considers...


The Director of Labor, Licensing, & Regulation, or his designee shall make regulations with reference to the work of the Subdivision of the Division of Labor and of the several subdivisions...


The director of the department or his designee shall visit and inspect at reasonable hours, as often as practicable, all places, sites or areas where employment comes under the jurisdiction of the...


At any construction site involving multiple employers or contractors, the department inspector when citing any such employer or contractor for a violation of any regulation or standard provided by...


The Director of the Department of Labor, Licensing, and Regulation or his designee shall enforce all laws of Chapters 1 through 25 of this Title in places, sites or areas, which come under his...


A representative of the employer and a representative authorized by his employees shall be given an opportunity to accompany the Director of the Department of Labor, Licensing, and Regulation or...


The Division of Labor may assist and cooperate with the wage and hour division and the children's bureau, United States Department of Labor, in the enforcement within this State of the Fair Labor...


All blanks and forms required by the Director of the Department of Labor, Licensing, and Regulation or his designee under provisions of Chapters 1 through 25 of this Title shall be furnished by...


The Director of the Department of Labor, Licensing, and Regulation or his designee may subpoena witnesses, documents, take and preserve testimony, examine witnesses, administer oaths and, under...


The Director of the Department of Labor, Licensing, and Regulation or his designee shall enforce the provisions of Chapters 1 through 25 of this title and prosecute all violations of law relating...


The solicitor of the circuit or the prosecuting attorney of the city court, upon the request of the Director of the Department of Labor Licensing, and Regulation or his designee, or any of his...


Any person who shall willfully impede or prevent the Director of the Department of Labor, Licensing, and Regulation or his designee, his agents or assistants, in the free and full performance of...


There is established within the Subdivision of the Division of Labor, the Migrant Labor subdivision. ...


Prior to the promulgation, modification or revocation of any regulation pursuant to Section 41-3-520 and the Administrative Procedures Act, the Subdivision of the Division of Labor shall conduct a...


The Director of the Department of Labor, Licensing, and Regulation or his designee is authorized to enter into contracts with other state agencies and other political subdivisions of the State to...


Wherever in any other chapter of Title 41 the term Commissioner of Labor appears or is used, it is considered to mean the Director of the Department of Labor, Licensing, and Regulation or his...


It is hereby declared to be the public policy of this State that the right of persons to work shall not be denied or abridged on account of membership or nonmembership in any labor union or labor...


Any agreement or combination between any employer and any labor organization whereby persons not members of such labor organizations shall be denied the right to work for such employer or whereby...


(A) It is unlawful for an employer to require an employee, as a condition of employment, or of continuance of employment to: (1) be or become or remain a member or affiliate of a labor...


Nothing in this chapter precludes an employer from deducting from the wages of the employees and paying over to a labor organization, or its authorized representative, membership dues in a labor...


It shall be unlawful for any person, acting alone or in concert with one or more persons: (1) By force, intimidation, violence or threats thereof, or violent or insulting language, directed...


(A) The Director of the South Carolina Department of Labor, Licensing and Regulation or his designee shall ensure compliance with this chapter and shall cooperate with an employee in the...


Any person whose rights are adversely affected by any contract, agreement, assemblage or other act or thing done or threatened to be done and declared to be unlawful or prohibited by this chapter...


As used in this chapter: (1) Employer means every person, firm, partnership, association, corporation, receiver, or other officer of a court of this State, the State or any political subdivision...


This chapter applies to all employers in South Carolina except that § 41-10-30 does not apply to: (1) employers of domestic labor in private homes. (2) employers employing fewer than five...


When an employer separates an employee from the payroll for any reason, the employer shall pay all wages due to the employee within forty-eight hours of the time of separation or the next regular...


No provision of this chapter may be contravened or set aside by a private agreement. ...


The Director of the Department of Labor, Licensing, and Regulation or his designee, his inspectors, agents, or designees, upon proper presentation of credentials to the owner, manager, or agent of...


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As used in this article employer includes every person, firm, partnership, association, corporation, receiver or other officer of a court of this State, the State or any political subdivision...


No employer in this State shall engage in any oppressive child labor practices. The Director of the Department of Labor, Licensing, and Regulation or his designee shall promulgate regulations...


(A) As determined by the Director of the Department of Labor, Licensing and Regulation or the director's designee, an employer who violates a child labor regulation promulgated pursuant to this...


Any parent, guardian or other person having under his control any child who consents, suffers or permits the employment of his child or ward under the ages above provided or who knowingly or...


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The Director of the Department of Labor, Licensing, and Regulation or his designee and the inspectors and agents of the Division of Labor shall enforce the provisions of this chapter, make...


The Commissioner and the inspectors and agents of the Department may enter and inspect at any time any place or establishment where minors are employed and may have access to all such records as...


Any person employing persons and working them in buildings is forbidden to lock such employees in such buildings when by so doing they become endangered by fire. But the provisions of this section...


It is unlawful for a person to operate an elevator without a proper light at the entrance of all elevator shafts while the elevator is in operation. A person who violates the provisions of this...


The Director of the Department of Labor, Licensing, and Regulation or his designee shall issue rules and regulations requiring that employers keep their employees informed of their protections and...


The Director of the Department of Labor, Licensing, and Regulation or his designee shall issue regulations requiring employers to monitor and measure an employee's exposure to potentially toxic...


The Director of the Department of Labor, Licensing, and Regulation or his designee may promulgate, modify or revoke rules and regulations which will have full force and effect of law upon being...


(A) Before the promulgation, modification, or revocation of a regulation issued pursuant to this article, the commissioner shall conduct a public hearing at which all interested persons, including...


Any rule or regulation promulgated, modified or revoked under this article may contain a provision delaying its effective date for such period (not in excess of ninety days) as the Commissioner...


Any affected employer may apply to the Commissioner for a permit for a permanent variance from a rule or regulation promulgated under this article. Affected employees and their bargaining...


(A) The Commissioner, his inspectors, compliance officers, agents or designees, upon proper presentation of credentials to the owner, manager or agent of the employer, shall enter at reasonable...


The Director of the Department of Labor, Licensing, and Regulation or his designee may subpoena witnesses, documents, take and preserve testimony, examine witnesses, administer oaths and, upon...


If, upon inspection or investigation, the Commissioner or his authorized representative ascertains that an employer has violated a requirement of any rule or regulation promulgated pursuant to...


(a) The court of common pleas of the county where the place of employment is located shall have jurisdiction, upon petition of the Director of the Department of Labor, Licensing, and Regulation or...


If, after an inspection or investigation, the Commissioner issues a citation, he shall within a reasonable time after the termination of such inspection or investigation notify the employer by...


The Director of the Department of Labor, Licensing, and Regulation or his designee shall promulgate regulations as may be necessary to establish a procedure for administrative review before the...


(a) Any employer who wilfully or repeatedly violates any occupational safety or health rule or regulation promulgated pursuant to this article may be assessed a civil penalty of not more than...


In each case where the penalty is not paid within thirty days, the Attorney General shall bring an action against the assessed employer. Any amounts collected shall be turned over to the State...


No person shall discharge or in any manner discriminate against any employee because such employee has filed any complaint or instituted, or caused to be instituted, any proceeding under or...


Any employee believing that he has been discharged or otherwise discriminated against by any person in violation of § 41-15-510 may, within thirty days after such violation occurs, file a...


(a) There is created the South Carolina Occupational Health and Safety Review Board which shall consist of six members. Members of the board shall be selected from among those persons who by...


(a) The board shall promulgate regulations as may be necessary to establish a procedure for administrative review of (1) any citation issued by the Division of Labor pursuant to the authority...


An individual, partnership, corporation, or other business entity is not required to be represented by an attorney when appearing in a proceeding before the board, but may appear pro se. ...


(a) The South Carolina Division of Labor shall provide, to the extent of funds appropriated by the General Assembly, adequate support personnel, including court reporters and clerks, to fulfill...


(a) The board or any member thereof may for the purposes of this article subpoena witnesses, administer or cause to be administered oaths, and examine or cause to be examined the books and records...


The court of common pleas shall, upon application by the board or any member thereof, or by any party to a proceeding before it, enforce by proper proceedings the attendance and testimony of...


As used in this chapter, except as otherwise expressly provided: (1) Facility means any elevator, dumbwaiter, escalator, moving walk, handicap lift, or manlift subject to regulation under the...


The provisions of this chapter do not apply to any facility installed in any single private dwelling residence or to facilities over which an agency of the federal government is asserting similar...


1. The commissioner shall promulgate regulations governing maintenance, construction, alteration, and installation of facilities and the inspection and testing of new and existing installations as...


The commissioner is charged with the affirmative duty of administering and enforcing the provisions of this chapter. ...


Within three months after the date of promulgation of regulations under this chapter relating to registration of facilities, the owner of every existing facility, whether or not dormant, shall...


All new and existing facilities, except dormant facilities, must be tested and inspected in accordance with the following schedule: 1. Every new or altered facility must be inspected and tested...


On and after the effective date of regulations relating to alterations, detailed plans of each facility to be altered must be submitted to the commissioner, together with an application for an...


A permit must be issued by the commissioner before construction on a new installation is begun. The department shall issue a permit for relocation or installation, as applicable, if the plans and...


Operating certificates must be issued by the commissioner to the owner of every facility when the inspection report indicates compliance with the applicable provisions of this chapter. However, no...


If the commissioner has reason to believe that the continued operation of a facility constitutes an imminent danger which could reasonably be expected to injure seriously or cause death to members...


The commissioner, pursuant to regulation, may grant exceptions and variances from the requirements of regulations promulgated for any facility. Exceptions or variances must be reasonably related...


Every owner of a facility subject to regulation by this chapter shall grant access to that facility to the commissioner and department personnel administering the provisions of this chapter....


Every facility must be maintained by the owner in a safe operating condition and in conformity with the regulations promulgated by the commissioner. ...


No political subdivision may make or maintain any ordinance, bylaw, or resolution providing for the licensing of special inspectors. Any ordinance, bylaw, or resolution relating to the inspection,...


In addition to any other penalty provided by law, any person who violates any of the provisions of this chapter is guilty of a misdemeanor, unless otherwise specifically provided in this chapter,...


1. Any owner, operator, or management company who fails to register a facility as required by Section 41-16-60 may be assessed a civil penalty of not more than five hundred dollars for each...


The Director of the Department of Labor, Licensing, and Regulation or his designee or his agents shall (a) investigate industrial disputes or strikes or lockouts arising between employer and...


When the Commissioner or his agents shall fail to induce both sides of such an industrial dispute or strike or lockout to arrive at an agreement, the Commissioner may appoint a committee of three...


The Director of the Department of Labor, Licensing, and Regulation or his designee or his agents may summon and examine in public or in executive session any person concerned in any such strike or...


The Director of the Department of Labor, Licensing, and Regulation or his designee or his agents may compel the production of books or documents relating to questions in dispute; inspect property...


The Director of the Department of Labor, Licensing, and Regulation or his designee or his agents can be called into session and into the performance of their duties and functions under this...


Any person that hinders or obstructs the Director of the Department of Labor, Licensing, and Regulation or his designee or his agents in the full and free performance of their duties under this...


This chapter may be cited as the South Carolina Amusement Rides Safety Code. ...


(A) This chapter applies to amusement devices at carnivals, fairs, and amusement parks where an admission or fee is customarily or usually charged located within the State or at other places open...


As used in this chapter, except as otherwise expressly provided: (1) Amusement device means any mechanical device or combination of devices which carries or conveys passengers on, along,...


No amusement device may be operated in the State without a permit issued by the director. A permit is not transferable and if a permit holder voluntarily discontinues operation of the amusement...


(A) Before commencement of the operation of a permanent or temporary device, the owner or lessee shall make written application to the director for a permit to operate. The permit is valid for a...


Before a permit may be issued as provided in Sections 41-18-50 and 41-18-60, an inspection of the amusement device must be made in compliance with the procedures set by the director. The...


Before the Labor Division of the Department of Labor, Licensing and Regulation may issue a permit to the owner or lessee of an amusement device, the owner or lessee of the device shall furnish the...


(A) The owner or amusement ride operator may deny any person entrance to the amusement ride based on the person's size, weight, or physical condition if the owner or amusement ride operator...


Upon request, the director shall furnish to all owners, lessees, and operators of amusement devices notice of all rights and obligations under the provisions of this chapter upon receipt of permit...


The director may promulgate regulations consistent with this chapter guarding against personal injuries in the assembly, disassembly, and use of amusement devices at carnivals, fairs, and...


The director is charged with the affirmative duty of administering and enforcing this chapter. ...


(A) A person is subject to a civil penalty not to exceed two thousand dollars per device for each day of noncompliance with this subsection if the person knowingly and wilfully operates an...


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The purposes of this chapter are: To open to people the opportunity to obtain training that will equip them for profitable employment and citizenship; to set up, as a means to this end, a program...


The Apprenticeship Council shall meet at the call of the Director of the Department of Labor, Licensing, and Regulation or his designee and shall formulate policies for the effective...


The Director of the Department of Labor, Licensing, and Regulation or his designee, with the advice and guidance of the Apprenticeship Council, is authorized to administer the provisions of this...


A local apprenticeship committee may be appointed in any trade or group of trades in a city or trade area, by the Apprenticeship Council, whenever the apprentice training needs of such trade or...


The term apprentice, as used herein, shall mean a person at least sixteen years of age who is covered by a written agreement, acting as employer's agent, and approved by the Apprenticeship...


Every apprentice agreement entered into under this chapter shall contain: (1) The names of the contracting parties; (2) The date of birth of the apprentice; (3) A statement of the trade, craft, or...


No apprentice agreement under this chapter shall be effective until approved by the Commissioner. Every apprentice agreement shall be signed by the employer, or by an association of employers or...


For the purpose of providing greater diversity of training or continuity of employment, any apprentice agreement made under this chapter may, in the discretion of the Apprenticeship Council, be...


Nothing in this chapter or in any apprentice agreement approved under this chapter shall operate to invalidate any apprenticeship provision in any collective agreement between employers and...


All contracts made between owners of land, their agents, administrators or executors, and laborers shall be witnessed by one or more disinterested persons and, at the request of either party,...


Whenever labor is performed under contract on shares of crops, such crops shall be gathered and divided off before they are removed from the place where they were planted, harvested or gathered....


Whoever shall enter into a contract with the owner for a lease of lands in this State, witnessed by at least two disinterested witnesses, if such contract be verbal, or for cultivating lands on...


Whoever shall enter into a contract to lease to another any lands in this State or work any lands on shares of crops and shall, without just excuse and with intent to cheat and defraud the lessee...


This chapter may be cited as the South Carolina Private Personnel Placement Services Act. ...


For the purposes of this chapter: (a) Secretary means the Secretary of State or his designated representative. (b) Private Personnel Placement Service includes any person who charges fees,...


(A) No person or firm may engage in the private personnel placement service business in South Carolina unless the person or firm has a current license for the business as provided in this chapter....


(A) Licenses required by this chapter to be registered biennially must be assigned registration periods as provided in this section. (1) Upon the first reregistration of the licenses by the South...


Every licensed private personnel placement service in the State shall: (a) Openly and in a place accessible to applicants and employees alike, display the license. (b) Make available to each...


Any person who acts as a private personnel placement service in the State, or his employees may not: (a) Knowingly induce or attempt to induce any employee it has placed to leave that employment...


Any person or employer seeking employees or a person seeking employment shall not: (a) Make any false statement or conceal any material fact for the purpose of obtaining employees, or employment,...


Private personnel placement service information is confidential and must be considered and protected as follows: All records and files of the private personnel placement service of all applicants,...


Any person who knowingly violates §§ 41-25-30, 41-25-40, 41-25-50, 41-25-60, 41-25-70, or 41-25-80 is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars...


(a) A person who knowingly violates §§ 41-25-50, 41-25-60, 41-25-70, and 41-25-80 is liable to the person adversely affected by the violation for three times the amount of actual damages incurred...


The provisions of this chapter may be enforced by any state agency having jurisdiction and authority to enforce this chapter, including, but not limited to: (a) Secretary of State (b) Division of...


Chapters 27 through 41 of this Title shall be known and may be cited as the South Carolina Employment Security Law. ...


Without intending that this section shall supersede, alter or modify the specific provisions contained in Chapters 27 through 41 of this Title, but as a guide to the interpretation and application...


Nothing in Chapters 27 through 41 of this Title shall be construed to cause the Commission or the courts of this State in interpreting such chapters to be bound by interpretations as to liability...


The General Assembly reserves the right to amend or repeal all or any part of Chapters 27 through 41 of this Title at any time and there shall be no vested private right of any kind against any...


As used in Chapters 27 through 41 of this Title, unless the context clearly requires otherwise, the terms defined in the following sections shall have the meanings therein ascribed to them. ...


The term agricultural labor includes all service performed: (1) On a farm, in the employ of any person, in connection with cultivating the soil or in connection with raising or harvesting any...


The average weekly wage of an insured worker shall be determined by dividing his total wages paid for insured work in that quarter of his base period in which such wages were highest by thirteen. ...


Base period means the first four of the last five completed calendar quarters immediately preceding the first day of an individual's benefit year; provided, that in the case of a combined wage...


Benefit year means the one-year period beginning with the day as of which an insured worker first files a request for determination of his insured status, and thereafter the one-year period...


Benefits means the money payments payable to an individual as provided in Chapters 27 through 41 of this Title with respect to his unemployment. ...


Claimant means an individual who has filed a request for a determination of insured status, a request for initiation of a claim series in a benefit year, a notice of unemployment, a...


Commission means the South Carolina Employment Security Commission. ...


Employer means: (1) Any employing unit which during any calendar year prior to January 1, 1972, in each of twenty different weeks, whether or not such weeks were consecutive, had in employment...


Employing unit means any individual or type of organization, including any partnership, association, trust, estate, joint-stock company, insurance company or corporation, whether domestic or...


Employment means: (1) Any service performed prior to January 1, 1978, which was employment as defined in this subsection prior to such date and, subject to the other provisions of this...


(A) The term mployment means service performed in the employ of a Native American tribe, as defined in Section 3306(u) of the Federal Unemployment Tax Act (FUTA), if the service is excluded...


Employment office means a free public employment office operated by this State or other office maintained for the purpose of serving applicants or claimants or maintained as a part of a...


Employment security administration fund means the employment security administration fund established by Chapters 27 through 41 of this Title, from which administrative expenses under such...


The term employment as used in Chapters 27 through 41 of this Title shall not include: (1) Labor engaged in the seafood industry, which is defined as persons employed in the commercial netting,...


Fund means the unemployment compensation fund established by Chapters 27 through 41 of this Title, to which all contributions required and from which all benefits provided under such chapters...


Hospital means an institution which has been licensed or approved by the South Carolina Department of Health and Environmental Control as a hospital. ...


Institution of higher education, for the purpose of this section, means an educational institution which: (1) Admits as regular students only individuals having a certificate of graduation from...


Insured work means employment for employers. ...


An insured worker is an individual who has been paid wages in his base period for insured work equal to or exceeding one and one-half times the total of his wages paid in the quarter of such...


Payments in lieu of contributions means the money payments to the unemployment compensation fund required by the provisions of § 41-31-630. ...


Secretary of Labor means the United States Secretary of Labor. ...


Educational institution means any educational institution except an institution of higher education as defined in § 41-27-290 of this Title: (1) In which participants, trainees or students are...


State includes, in addition to the states of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and effective one day after the date on which the United States Secretary...


Statewide average weekly wage means the amount computed by the Commission as of July first of each year which shall be the aggregate amount of wages (irrespective of the limitation on the amount...


(1) An individual is deemed unemployed in any week during which he performs no services and with respect to which no wages are payable to him or in any week of less than full-time work if the...


(1) Wages means all remuneration paid for personal services, including commissions and bonuses, any sums paid to an employee by an employer pursuant to an order of the National Labor Relations...


Week means calendar week or such period of seven consecutive days as the Commission may by regulation prescribe. The Commission may likewise determine that a week shall be deemed to be in,...


Effective January 1, 1986, the employment security administrative contingency assessment is an assessment of six one-hundredths of one percent to be assessed upon the wages as defined in Section...


The Commission shall prescribe regulations applicable to unemployed individuals, making such distinctions in the procedures as to total unemployment, part-total unemployment, partial unemployment...


If the services performed during one half or more of any pay period by an individual for the person employing him constitute employment, all the services of such individual for such period shall...


Each individual employed to perform or to assist in performing the work of any agent or employee of an employing unit shall be deemed to be employed by such employing unit for all the purposes of...


The Commission may enter into agreements with the appropriate agencies of other states or the Federal Government whereby individuals performing services in this and other States for a single...


No report, communication or any other such matter either oral or written from an employee or employer to the other or to the Commission or any of its agents, representatives or employees which...


In case of a suit to enjoin the collection of the contributions provided for in Chapters 27 through 41 of this Title, to test the validity of such chapters or for any other purpose connected with...


In any civil action to enforce the provisions of Chapters 27 through 41 of this Title the Commission and the State may be represented by any qualified attorney who is employed by the Commission...


The Commission may compromise any civil penalty or cause or action arising under the provisions of Chapters 27 through 41 of this Title instead of commencing suit thereon and may compromise any...


The failure to do any act required by or under the provisions of Chapters 27 through 41 of this Title shall be deemed an act committed in part at the office of the Commission in Columbia. ...


The certificate of the Commission to the effect that a contribution has not been paid, that a report has not been made, that information has not been furnished or that records have not been...


Benefits shall be deemed to be due and payable under Chapters 27 through 41 of this Title only to the extent provided in such chapters and to the extent that moneys are available therefor to the...


Notwithstanding the provisions of this act, any extension of unemployment insurance coverage to political subdivisions in this State mandated by P.L. 94-566 shall be continued in effect at the...


Chapters 27 through 41 of this Title shall be administered by the South Carolina Employment Security Commission. The Commission shall consist of three members to be elected by the General...


The Commission shall elect one of its members as chairman. Any two commissioners shall constitute a quorum and no vacancy shall impair the right of the remaining commissioners to exercise all of...


The Commission shall appoint in accordance with § 41-29-70 an administrator who shall act as secretary and chief executive officer of the Commission and who shall, when the Commission is not in...


There are created under the Commission two coordinate divisions, the South Carolina State Employment Service Division created pursuant to § 41-5-10, and a division to be known as the Unemployment...


The Commission shall appoint a State advisory council and may appoint local or industry advisory councils, composed in each case of equal numbers of employer representatives and employee...


The Commission shall determine its own organization and methods of procedure in accordance with the provisions of Chapters 27 through 41 of this Title and shall have an official seal, which shall...


Subject to the provisions of Chapters 27 through 41 of this Title, the Commission may appoint and fix the compensation (subject to the approval of the State Budget and Control Board unless...


The Commission shall adopt and enforce fair and reasonable regulations for appointment, promotion and demotion of its employees based upon ratings of efficiency and fitness. Such regulations shall...


The Commission may delegate to any person employed pursuant to § 41-29-70 such power and authority as it deems reasonable and proper for the effective administration of Chapters 27 through 41 of...


The Commission shall administer Chapters 27 through 41 of this Title and it may adopt, amend or rescind such rules and regulations, employ such persons, make such expenditures, require such...


(A) The commission, with the advice and aid of its advisory councils and through its appropriate divisions, shall take all appropriate steps to reduce and prevent unemployment, to encourage and...


General and special rules may be adopted, amended or rescinded by the Commission only after public hearing or opportunity to be heard thereon, of which proper notice has been given. Such notice...


The Commission may enter into arrangements with the appropriate agencies of other states or of the Federal Government with respect to the combination of wages, viz.: (1) The Commission may enter...


Each employing unit shall keep true and accurate work records, containing such information as the Commission may prescribe. Such records shall be open to inspection and be subject to being copied...


Except as otherwise provided in Chapters 27 through 41 of this Title information obtained from any employing unit or individual pursuant to the administration of such chapters and determinations...


(A) A claimant or a claimant's legal representative must be supplied with information from the records, to the extent necessary for the proper presentation of the claim in any proceeding under...


The Commission shall endeavor, both for the relief of the clerical work of employers and its own office, to confine reporting to the minimum necessary for the proper administration of the law,...


In the discharge of the duties imposed by Chapters 27 through 41 of this Title the Commission or any duly authorized representative thereof as designated by its rules may administer oaths and...


No person shall be excused from attending and testifying or from producing books, papers, correspondence, memoranda or other records before the Commission, an appeal tribunal or any duly...


The Commission may request the Comptroller of the Currency of the United States to cause an examination of the correctness of any return or report of any national banking association rendered...


(1) In the administration of Chapters 27 through 41 of this Title, the Commission shall cooperate with the United States Secretary of Labor to the fullest extent consistent with the provisions of...


The Commission may make the State's record relating to the administration of Chapters 27 through 41 of this Title available to the Railroad Retirement Board and may furnish the Railroad Retirement...


The commission shall cause to be printed for distribution to the public the text of Chapters 27 through 41 of this Title, the Commission's regulations, its general and special rules, its annual...


Each commissioner of the Commission may file with the official minutes or decisions his opinion or reasons for his vote on any matters arising in the administration of Chapters 27 through 41 of...


Notwithstanding the provisions of Chapters 27 through 41 of this Title, the Commission may issue such regulations as deemed necessary for the operation of an emergency unemployment compensation...


Not later than the fifteenth day of January of each year the Commission shall submit to the Governor and to the General Assembly a report covering the administration and operation of Chapters 27...


Whenever the Commission believes that a change in contribution or benefit rates will become necessary to protect the solvency of the fund it shall promptly so inform the Governor and the General...


(A) Each employer shall pay contributions equal to five and four-tenths percent of wages paid by him during each year except as may be otherwise provided in Chapters 27 through 41 of this title....


The Commission shall maintain a separate account for each employer and shall credit the account of each with all the contributions paid on his behalf, but nothing in Chapters 27 through 41 of this...


The Commission shall for each calendar year classify employers in accordance with their actual experience in the payment of contributions on their own behalf and with respect to benefits charged...


Each employer's base rate for the twelve months commencing January first of any calendar year is determined in accordance with Section 41-31-50 on the basis of his record up to July first of the...


Each employer eligible for a rate computation shall have his base rate determined in the following manner: (1) If, on the computation date as of which an employer's base rate is to be computed, as...


(1) If on the computation date upon which an employer's base rate is to be computed as provided in Section 41-31-40 there is a delinquent report, a base rate of two and sixty-four hundredths...


If the Commission finds that an employer ceased to render employment solely due to the closing of the business because of the entrance of one or more of the owners, officers, partners, or the...


A statewide reserve ratio must be computed once each year by adding to the total unemployment compensation fund on June thirtieth all contributions and interest received on or before July...


In the event of a change of name by a corporation, without any change of ownership interest therein, the Commission may provide that the experience rating of the old corporation be continued by...


Any person or other legal entity who acquires by purchase, merger, consolidation, devise, inheritance or other means substantially all of the business of any employer and continues such acquired...


Whenever any person or other legal entity has in any manner succeeded to or has acquired substantially all or a distinct and severable portion of the business of another, as provided in Sections...


In the event that any person acquires by purchase, merger, consolidation, devise, inheritance or otherwise, a distinct, severable, identifiable and segregable part of the business of an employer...


Nothing in §§ 41-31-110 and 41-31-120 shall be construed to authorize or require the refund of any sums lawfully paid into the unemployment compensation trust fund or to use otherwise any of such...


No transfer of experience rating accounts, in whole or in part, is permitted under the provisions of §§ 41-31-100 to 41-31-130 unless all unemployment compensation taxes based on wages paid by the...


In the payment of any contributions or employment security administrative contingency assessment a fractional part of a cent must be disregarded unless it amounts to one-half cent or more, in...


The commission shall not require contribution and wage reports more frequently than quarterly. Effective with the quarter ending March 31, 2003, every employer with two hundred fifty or more...


The Commission shall report annually to any employer the status of his account showing his reserve balance at the beginning of the period, total contributions he has made and total charges against...


Contributions shall accrue and become payable by each employer for each calendar year in which he is subject to Chapters 27 through 41 of this Title with respect to wages for employment. Such...


As soon as practicable after a contribution report is filed, the Commission shall examine it and compute the contribution due. If the amount so computed shall be greater than the amount...


If the Commission finds that an additional contribution is due, that the report was made in good faith and that the understatement of the contribution is not deliberate, no penalty shall be added...


If any employing unit which has failed to make reports as required under Chapters 27 through 41 of this Title or has filed incorrect or insufficient reports and has been notified by the Commission...


If any employer fails to file any report as required of him under Chapters 27 through 41 of this title with respect to wages or contributions within fifteen days from the date upon which the...


If, not later than four years after the date on which any contributions or interest or employment security administrative contingency assessments became due, an employer who has paid the...


(1) Contributions unpaid on the date on which they are due and payable, as prescribed by the Commission, shall bear interest at the rate of one percent for each month or fraction thereof for which...


The contributions, interest, penalties, employment security administrative contingency assessments, and costs prescribed in this chapter are considered taxes owing the State by the persons against...


(A) If an employer defaults in any payment of contributions, interest, penalties, or employment security administrative contingency assessments, the commission shall notify the employer of the...


(A) The commission or its authorized representative shall file with the clerk of court of the county or counties of the State in which the employer does business a copy of the execution, and...


In the event of any distribution of any employer's assets pursuant to an order of any court under the laws of this State, including any receivership, assignment for the benefits of creditors,...


Benefits paid to employees of nonprofit organizations shall be financed in accordance with the provisions of this article. For the purpose of this section and § 41-31-670, a nonprofit...


Any nonprofit organization which, pursuant to item (6) of § 41-27-210, is, or becomes, subject to Chapters 27 through 41 of this title after December 31, 1971, shall pay contributions under...


Payments in lieu of contributions shall be made in accordance with the provisions of paragraphs (1) and (2) of this section. (1) At the end of each calendar quarter the Commission shall bill each...


If any nonprofit organization fails to file a bond or make a deposit, or to file a bond in an increased amount or to increase or make whole the amount of a previously made deposit, as provided...


Each employer that is liable for payment in lieu of contributions shall pay the Commission for the fund an amount equal to the amount of regular benefits and one half the extended benefits paid...


(1) Any nonprofit organization that prior to January 1, 1969, paid contributions required by § 41-31-10 and, pursuant to § 41-31-620, elects within thirty days after January 1, 1972, to make...


Benefits paid to employees of a governmental entity as provided for by §§ 41-27-210(5), 41-27-230(2), and 41-35-10, shall be financed to the same extent, in similar manner, and by like procedure...


Employment security administrative contingency assessments must accrue and become payable by each employer who is subject to the assessments as defined in § 41-27-410 for each calendar year in...


Employment security administrative contingency assessments must be reported on the employer's quarterly contribution report according to the same rules as the commission may prescribe for...


If any employer's amount of employment security administrative contingency assessment which is due and payable, as prescribed by the commission, is unpaid ten days following the date on which an...


There is established a special fund, to be known as the unemployment compensation fund, which shall be administered separate and apart from all public moneys or funds of the State. This fund shall...


Subject to the provisions of Chapters 27 through 41 of this Title the Commission is invested with full power, authority and jurisdiction over the fund, including all moneys and property or...


The State Treasurer shall be ex officio treasurer and custodian of the fund and he shall administer the fund in accordance with the directions of the Commission and shall issue his warrants upon...


All moneys in the fund shall be mingled and undivided, but the State Treasurer shall maintain within the fund three separate accounts: (a) A clearing account, (b) an unemployment trust fund...


The commission shall report, by October first of each year, to the Senate Finance Committee and to the House Ways and Means Committee the amount in the unemployment trust fund and make an...


After clearance thereof, all moneys in the clearing account other than such as may have been refunded pursuant to § 41-31-360 or item (6) of § 41-27-260 shall be immediately deposited with the...


The benefit account consists of all monies requisitioned from this state's account in the unemployment trust fund and no monies may be withdrawn from the unemployment trust fund for the payment of...


Except as provided in Section 41-33-180, monies must be requisitioned from this state's account in the unemployment trust fund solely for the payment of benefits or refunds pursuant to Section...


The Commission shall from time to time issue its requisition for a lump sum amount for the payment of benefits or refunds upon the Comptroller General who shall draw his warrant on the State...


Such lump sum amounts when received by the Commission from the State Treasurer shall be immediately deposited by the Commission in a benefit payment account maintained in the name of the...


Expenditures of moneys in the benefit account and refunds from the clearing account shall not be subject to any provisions of law requiring specific appropriations or other formal release by State...


Money credited to the account of this State pursuant to § 903 of the Social Security Act, as amended, may not be withdrawn or used except for the payment of benefits and for the payment of...


Money credited to the account of this State in the unemployment trust fund by the Secretary of the Treasury of the United States pursuant to Section 903 of the Social Security Act, as amended, may...


Money appropriated as provided in § 41-33-150 for the payment of expenses of administration shall be requisitioned as needed for the payment of obligations incurred under such appropriation and,...


Any balance of moneys requisitioned from the unemployment trust fund under § 41-33-80 which remains unclaimed or unpaid in the benefit account and the benefit payment account after the expiration...


Moneys may also be requisitioned from this State's account in the unemployment trust fund for the payment of benefits under any unemployment compensation, unemployment insurance or unemployment...


The Commission may establish bank accounts other than the benefit payment account and deposit therein moneys requisitioned from the unemployment trust fund for the payment of benefits for or on...


Any balance of moneys requisitioned from the unemployment trust fund under § 41-33-180 which remains unclaimed or not disbursed in such account or accounts after the expiration of the period for...


The provisions of this article to the extent that they relate to the unemployment trust fund shall be operative only so long as the Secretary of the Treasury of the United States continues to...


The State Treasurer shall be liable on his official bond for the faithful performance of his duties in connection with the unemployment compensation fund under Chapters 27 through 41 of this...


All money in the employment security administration fund shall be deposited, administered and disbursed in the same manner and under the same conditions and requirements as are provided by law for...


All moneys which are deposited or paid into the fund are appropriated and made available to the Commission. All moneys in this fund shall be expended solely for the purpose of defraying the cost...


All moneys in the employment security administration fund except money received pursuant to § 41-33-160 shall be expended solely for the purposes and in the amounts found necessary by the...


The State Treasurer shall be liable on his official bond for the faithful performance of his duties in connection with the employment security administration fund. ...


If any money in the employment security administration fund, paid to this State under Title III of the Social Security Act, and the Wagner-Peyser Act, is found by the Secretary of Labor, or his...


The Commission shall report to the State Budget and Control Board in the same manner as is required generally for the submission of financial requirements for the ensuing year and the Board shall...


(a) There is created in the state treasury a special fund to be known as the employment security administrative contingency fund, which consists of all assessments collected pursuant to §...


Benefits shall become payable from the fund to any individual who is unemployed and eligible for benefits. Except as provided in § 41-35-20 benefits based on service in employment defined in §...