South Carolina Employment Legal Questions

Question: Can I sue because I have to work to be around mold? This question details the type of concerns faced by employees every day. These circumstances are why we have worker protections in the USA at the federal level and some ? weaker in South Carolina at the state level. You can report these circumstances to the South Carolina Department of Labor, Licensing and Regulation. If you have reported this to your employer and it has not taken action, you will be concerned that any further actions on your part to address this problem will be used to terminate your employment. South Carolina has a whistle blower protection statute for employees who report violations of statutes, rules or regulations regarding occupational safety and health (Occupational Safety and Health Act (OSHA) Whistle blower Protections). These are detailed at S.C. Code 41-15-510 et seq. (http://www.scstatehouse.gov/code/t41c015.php) Protected activities include filing a complaint, instituting a proceeding, or testifying about OSHA violations. An employee who has been discharged or otherwise discriminated against by any person in violation of Section 41-15-510 has the right to file a complaint with the South Carolina Commission of Labor alleging such discrimination. The SC Labor Commissioner shall cause investigation to be made as he or she deems appropriate, and, if the Commissioner determines that anti-discrimination provisions of Section 41-15-510 have been violated, he must institute a law suit in the appropriate court of common pleas against such discriminating person or entity. In any such action, the court of common pleas has injunctive authority to restrain such OSHA anti-discrimination violations, as well as authority to order all appropriate relief including rehiring or reinstatement of employee to his or her former position with back pay. S.C. Code 41-15-520. You will want to consult with an attorney before taking action because if you were to initiate a complaint and face retaliation, you will want to be able to show that you actually complained to your employer (with witnesses or documents to prove that you did so) and that your termination or punishment was related to the complaint, that is, a reprisal against you. If not done correctly, your employer may be able to justify your termination or demotion on other grounds. See an attorney!... Read Answer

There is no law per se, for asking about a date of birth.  The law is only violated if the employer then takes some action against you because of your date of birth, which would be age discrimination if you are 40 or over.  Employers are always advised not to ask any information about a person's age because if the employee is not hired or is terminated shortly after their age is known, this strongly suggests the decision was based on age.  But if you are under the age of 40, or are still hired for the job, there would not be any discrimination or violation of law.... Read Answer

Under the South Carolina Payment of Wages Act, S.C. Code Ann. 41-10-10 et seq., an employer is required to give written notice seven days in advance of a pay change that results in a decrease in pay, or a pay cut. Your question raises another issue, however. It is likely your employer had misclassified these 14 employees as "exempt" from overtime and paid them a salary regardless of the number of hours they worked. Even though this has been corrected, the employees would be able to recover overtime pay for any hours they worked over 40 per week while they were paid a salary incorrectly at any time over the previous three years. It is important to act quickly due to the statute of limitations in such cases.... Read Answer

The answer to part of this question depends on whether you are covered by the FMLA.  If you have been a full time employee for at least 12 months (working 1250 hours during the last 12 months), and the company employs at least 50 people at your location (or at least 50 counting those at other nearby plants), then your absence is covered by the FMLA and you can probably file a claim in court.  Even if you have not worked full time for 12 months, if the employer has approximately 40 to 50 employees, you may also be able to take action if the termination was based on your being pregnant.  You may have other state law protections in your state.  Consult with an employment law attorney in your area... Read Answer

The easiest way is to contact your State department of LAbor which probably has division that handles these claims.  You can file a charge with that department stating the dates you worked and were not paid, and any evidence as to the salary and rate of pay.  The process us typically very user friendly... Read Answer

You don't really give me enough detail regarding your situation to enable me to provide anything other than general guidance.  First, FMLA is a very complicated area, particularly as an employee's rights under the Act relate to the employee's rights under other leave policies and laws, as well as the employer's right to run its business.  Generally speaking, the Act requires the employer to allow qualified employees up to 12 weeks of unpaid leave in order to receive treatment for their serious health conditions (which I assume was the basis for your leave).  However, in order to be entitled to the leave the employee may have to provide medical certification that he or she is under treatment for a serious health condition, and failure to do so may end the entitlement to the leave. If the employer has to lay people off due to business conditions, closes a facility, or takes other steps due to business conditions, the fact an employee is on FMLA leave would not protect them from being part of the group which is laid off.  So, while an employer cannot fire an employee because they request or take FMLA leave to which they are entitled, the fact an employee is on leave does not prevent the employer from terminating the employment for other reasons.... Read Answer

Companies are free to prescribe the rules and policies hey think best. This is referred to as the "Golden Rule." ("He who has the gold can make the rule"). There are many reasons to support an anti-nepotism policy. even though an individual will lose a job because of this, it does not make the rule illegal. Michael Caldwell 404-979-3150                             ... Read Answer

The employer is required to pay you within a reasonable time after you worked. If you have worked but have not been paid, you can file suit against the employer. You may have claims under the Fair Labor Standards Act, or your state wage payment laws as well as the common law claim to your wages. In many states you can bring such claims in a magistrates or small claims court without a lawyer.   Michael Caldwell 404-979-3150... Read Answer

It is clear that the company did not cause the vandalism.  While the Company is obligated to provide a workplace that is free from known hazards to the health and safety of employees' bodies, no law extends that OSHA General Duty obligation to employees' property. The company is not even required to provide parking facilities for its employees. It does so as a convenience to the employees. If you are not paying for the parking, and if the company is not guaranteeing representing that its parking lots will be safe from vandalism, then you are in as good a position as the company is to prevent the vandalism. You have no claim against the company that I can perceive. Michael Caldwell 404-979-3150... Read Answer

The answer to this question is determined by state and federal law. I can address only federal law since I don't know the state from which you ask the question. Generally speaking, in most jobs and industries, there are no laws that place a limit on the number of hours that an employer can require an employee to work during a 24 hour period, or during a 7 day period. An exception to this rule would be, for example FAA or Department of Transportation Regulations which limit the number of hours that a pilot can fly, or a truck driver can drive. The only other time limitation that federal law applies is not really a time-limitation at all: it is a premium pay  requirement imposed by the Fair Labor Standards Act: Once the employee has worked more than 40 hours during a 7 day period, the employer has to pay the employee 1.5 x the employee's "regular hourly rate." This is designed to provide a financial incentive for employers to hire more employees and work them shorter hours. In states like New York, or California that impose heavy regulations upon employment decisions (from which, incidentally, increasing numbers of businesses are relocating to states with little regulation of employment policies, like Georgia), there may be laws that limit the number of hours individuals in other job classifications (such as, for example, house mothers in boarding schools) can work. You need to check with a local lawyer familiar with your particular state's requirements. Michael A. Caldwell 404-979-3150                                                                   ... Read Answer