Free Desk Reference for South Carolina Employers
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South Carolina Immigration Law Changes Take Effect January 1st
On June 27, 2011, South Carolina Governor Nikki Haley signed into law S.B. 20, a comprehensive immigration law with new employment verification requirements and harsh criminal penalties. The law expands on the SC Illegal Immigration Reform Act passed in 2008 and considered at the time as one of the toughest in the nation. This article will focus on employment verification changes in the new law as well as various criminal provisions that could impact employers and/or their employees.
Amendments to the South Carolina Illegal Immigration and Reform Act
As the end of 2011 draws closer, employers are reminded of several key changes to the South Carolina Illegal Immigration and Reform Act (SCIIRA), which are scheduled to take effect on January 1, 2012. These changes include a state-wide mandate that all employers use E-Verify to confirm the employment eligibility of all newly-hired employees, as well as a significant revision to the penalty scheme for non-compliance with SCIIRA.
Despite Lawsuit, Immigration Enforcement Set to Resume in S.C.
Regardless of what happens with a recently filed lawsuit, state regulators plan to begin enforcement of employment law provisions that take effect New Year’s Day.
Wrongful Discharge Claims Limit Employment At-Will Doctrine in North and South Carolina
Employment in North and South Carolina is at-will, which generally means an employer can terminate an employee at any time without notice. However, both states have long-recognized exceptions to the employment-at-will doctrine, including provisions that an employee cannot be discharged for reasons that contravene the “public policy†of the state. Although courts in North and South Carolina generally construe public policy wrongful termination claims narrowly, at least one recent court decision has signaled a willingness to broaden the scope of such claims, potentially exposing employers to more lawsuits by terminated employees.
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.
SOUTH CAROLINA AND NORTH CAROLINA ENACT NEW EMPLOYMENT VERIFICATION REQUIREMENTS
On May 26, 2011, the U.S. Supreme Court decided Chamber of Commerce of the United States v. Whiting, No. 09-115, which held that states could mandate employment verification and could suspend or revoke business licenses for an employer’s violation of immigration laws. Shortly thereafter, several states including South Carolina and North Carolina passed state immigration laws mandating employment verification and imposing penalties for failure to comply. This article summarizes the main provisions of each state law.
South Carolina Mandates Employers Use E-Verify
South Carolina has joined the growing number of states requiring employers to use the federal E-Verify program exclusively to confirm new workers’ employment authorization. Governor Nikki Haley signed into law amendments to the South Carolina Illegal Immigration Reform Act (“Act†or “SCIIRAâ€) and other state laws addressing immigration on June 27, 2011.
South Carolina Toughens State Immigration Law
On June 27, 2011, Gov. Nikki Haley signed into law amendments to South Carolina's immigration laws, including the South Carolina Illegal Immigration Reform Act. The legislation strengthens what was already considered to be one of the toughest immigration reform acts in the country. The new law, which takes effect on January 1, 2012, brings with it new requirements for employers in South Carolina.
Looking to hire? Be careful with non-compete deals
American businesses are starting to hire again. Figures from the Department of Labor show that the unemployment rate dropped to 8.8% in March - down from a peak of 10.6% in January of 2010. As businesses look to hire, many managers will want their new employees to sign non-compete agreements. Such covenants can be beneficial for employers, but only if executed correctly.
