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South Carolina Unemployment Notice Requirements Updated

South Carolina’s Department of Employment and Workforce (DEW) issued a notice effective April 16, 2020, requiring all employers to provide employees with a Notification of the Availability of Unemployment Insurance Benefits upon separation of employment. The Notice can be provided in person, by mail, electronically, by text message, or in document form.

South Carolina Allows Employers to Provide COVID-19 Support Payments to Furloughed Employees Receiving Unemployment Benefits

On April 7, 2020, South Carolina Governor Henry McMaster issued Executive Order 2020-22. This order allows employers to provide furloughed employees with additional monetary assistance in the form of COVID-19 Support Payments while the impacted individuals are receiving unemployment insurance benefits. Prior to the issuance of the executive order, the receipt of such funds would have disqualified an impacted individual from receiving unemployment benefits in a week in which any such funds were received.

South Carolina Governor Authorizes Use of COVID-19 Support Payments by Employers to Employees

South Carolina Governor Henry McMaster has issued Executive Order No. 2020-22, which allows employers to make voluntary “COVID-19 Support Payments” to employees who are placed on furlough because of the COVID-19 pandemic without those Support Payments affecting employees’ eligibility for unemployment benefits.

City of Charleston, SC issues Emergency Stay at Home Ordinance

On Tuesday, March 24th, the City of Charleston became the first city in South Carolina to enact an emergency “stay-at-home” ordinance that goes into effect on Thursday, March 26, 2020, at 12:01 a.m. and scheduled to remain in place for two weeks. The ordinance is an effort to decrease proliferation of the COVID-19 virus. It applies only to the City and not to other unincorporated areas in Charleston County. A copy of the ordinance can be found here:

City of Columbia, SC Clarifies Coverage of Criminal Records and Salary History Ordinance

Last year, the City of Columbia, South Carolina enacted an ordinance that appeared to require substantial changes to private employers’ criminal record and salary history inquiry practices. At the time of enactment, the ordinance defined a covered “employer” as the “City, private employers and government contracts; and any person regularly employing five or more persons, any person acting as an agent of an employer, directly or indirectly; or any person undertaking for compensation to procure employees or opportunities for employment.” There was a disconnect, however, between this plain-text definition of “employer” and various other portions of the ordinance and public statements about the ordinance that otherwise suggested the City had actually not intended to cover private employers.

Columbia, South Carolina Limits Inquiries About Applicants’ Criminal and Salary Histories

Columbia, South Carolina passed an ordinance effective August 6, 2019,1 limiting employers’ use of criminal background checks and banning employers from inquiring about salary history on job applications. South Carolina’s capital city is the latest locality to pass such a measure, following several others that passed similar ordinances within the past year.2

South Carolina Abolishes Common-Law Marriage: The Impact On Workplace Law

The South Carolina Supreme Court just ruled that the state will no longer recognize common-law marriages. This decision will have a direct impact on South Carolina workplace law, requiring many employers to adjust their employment policies and practices.

Employers Beware: SC Abolishes Common-Law Marriage

On July 24, 2019, South Carolina joined the ranks of Alabama, Pennsylvania, and others in abolishing future recognition of common law marriages in the state. The state will continue to recognize all common law marriages in effect before this date, but they will be subject to a higher standard of proof. On and after July 25, 2019, all South Carolina marriages will require the issuance of a marriage license.

Can Arbitration Be Enforced Against Non-Signatories to a Contract?

South Carolina Supreme Court Employs Direct Benefits Test

Employee Who Fails Drug Test Can Sue Drug Testing Laboratory For Negligence

Can a drug testing lab be sued for negligence in South Carolina if it mishandles an employee’s drug test? Yes, according to a recent decision issued by the South Carolina Supreme Court with potential ramifications for drug testing labs, employers, and employees who test positive for drugs. Shaw v. Psychemedics Corp., Opinion No. 27869 (S.C. March 20, 2019).
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