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Total Articles: 5

Wage and Hour Laws Blog Responding To New FLSA Exemption Requirements Could Implicate Old South Carolina Law

The coming changes in the federal Fair Labor Standards Act's "white collar" exemption regulations (scheduled for December 1) leave many employers with essentially two options as to employees who now qualify for exempt status but whose present salaries will not meet the higher salary threshold:

Wages and Water: What Do We Do?

With the recent rain storms that have blanketed the Carolinas and the resulting road damage and closures, this a good time for employers to review their inclement weather policies and to make sure they properly compensate all employees who miss work because of adverse weather.

On the Hook: Company Owners and Managers At Personal Risk for Unpaid Employee Wages

If a company does not timely pay all wages due to an employee, the South Carolina Payment of Wages Act (SCPWA) allows the employee to file a lawsuit for three times the amount of unpaid wages, plus court costs and attorneys fees. The lawsuit for unpaid wages can be filed not only against the company, but also against agents and officers who permit the company to violate the SCPWA.

Employer's Incentive Plan Violates South Carolina Wage Act.

A state appellate court recently ruled that an employer which made incentive plan payouts to employees on dates different than the general target payout dates set forth in the plan violated the South Carolina Payment of Wages Act’s requirement that employers specify the “time and place of payment” of wages. According to the South Carolina Court of Appeals, providing estimated “target dates” of payment, which the employer later admitted served “no purpose whatsoever” and were used only as a general guide, does not give employees sufficient notice.

Incentive Pay Plan Violated Payment of Wages Act; Employer Ordered to Pay Treble Damages, Attorneys Fees, And Costs (pdf).

In Ross v. Ligand Pharmaceuticals, Inc (Dec. 21, 2006), the South Carolina Court of Appeals ruled that an employer's incentive compensation plan violated the South Carolina Payment of Wages Act because the plan did not provide a date certain when incentive payments would be made.