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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.
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