South Carolina — Hiring & Onboarding

South Carolina requires all private employers who are required by federal law to complete and maintain federal employment eligibility verification forms (Form I-9) to register and participate in the E-Verify federal work authorization program. Employers must verify the work authorization of every new employee within three business days after employing the new employee. A private employer who does not comply with this requirement violates the employer's South Carolina employment license.

Source: S.C. Code § 41-8-30

South Carolina is a right-to-work state. The state's statutory framework, enacted in 1954 and codified in Title 41, Chapter 7 of the South Carolina Code, prohibits employers from requiring union membership or the payment of union dues as a condition of employment.

Statutory prohibitions

South Carolina law declares it to be public policy 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 organization." S.C. Code § 41-7-10. The statute makes unlawful any agreement between an employer and a labor organization that:

• Denies nonmembers the right to work (S.C. Code § 41-7-20)
• Requires union membership as a condition of employment (S.C. Code § 41-7-30)
• Requires the deduction of labor organization membership dues from wages (S.C. Code § 41-7-40)

An employer may not require an employee to become or remain a member of a labor organization, pay dues or fees to a labor organization, or pay any amount in lieu of dues or fees as a condition of obtaining or retaining employment. Contracts or agreements that violate these provisions are null and void. S.C. Code § 41-7-50.

Effective date and applicability

The right-to-work provisions do not apply to contracts lawfully in force on March 19, 1954, but they do apply to all contracts concluded after that date and to any renewal or extension of existing contracts. S.C. Code § 41-7-60.

Enforcement and penalties

The South Carolina Department of Labor, Licensing and Regulation enforces right-to-work compliance. S.C. Code § 41-7-75. An employer, labor organization, or other person who violates any provision of Chapter 7 is guilty of a misdemeanor and, upon conviction, may be punished by imprisonment for not less than ten nor more than thirty days, or by a fine of not less than ten dollars nor more than ten thousand dollars, or both. S.C. Code § 41-7-80. The 2012 amendment to § 41-7-80 increased the maximum civil penalty from one hundred dollars to ten thousand dollars.

Employees whose rights are adversely affected by a contract, agreement, or other act declared unlawful under Chapter 7 may apply to any court of general equity jurisdiction for relief. The court may issue restraining orders and injunctions, and may award actual damages, costs, and attorneys' fees. The court or jury also has discretion to award punitive damages in addition to actual damages. S.C. Code § 41-7-90.

Optional workplace notice posting

Employers (or individual employees with employer permission) may post a conspicuous notice containing the provisions of §§ 41-7-10, 41-7-20, 41-7-30, 41-7-40, 41-7-70, and 41-7-90 in at least 14-point font. The notice must bear the title "Your Rights as a Worker in South Carolina" in at least 48-point font. S.C. Code § 41-7-110. This posting is permitted but not mandatory.

Source: S.C. Code Title 41, Chapter 7