South Carolina Complaint - Wage Withholding (To Establish Judgment)
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FAQ
Work Hours in South Carolina There are no state or federal laws regarding how many hours employees may work each week, unless they are under the age of 20. Work hour restrictions for teens are based on their age and other factors, such as school sessions and type of employment.
Under South Carolina law, employees are entitled to certain leaves or time off, including maternity leave, crime victim leave, volunteer emergency responder leave, quarantine/isolation leave and bone marrow donation leave. See Time Off and Leaves of Absence.
§ 15-39-420 ?(1) No employer in this State shall withhold any portion of the wages of any employee residing in this State as a result of any garnishment proceedings brought in any court outside of this State unless the creditor first obtains a judgment against such employee growing out of the same indebtedness for
(C) In case of any failure to pay wages due to an employee as required by Section 41-10-40 or 41-10-50 the employee may recover in a civil action an amount equal to three times the full amount of the unpaid wages, plus costs and reasonable attorney's fees as the court may allow.
A magistrate's judgment is valid for three years, whereas a circuit court judgment is valid for ten years. Therefore, the filing of a magistrate's judgment in circuit court extends the life of the judgment to that of the circuit court's. Judgments in South Carolina may not be renewed.
The employer has the option of giving written notification by posting the terms conspicuously at or near the place of work. Any changes in these terms must be made in writing at least seven calendar days before they become effective.
Employment. Equal Employment Opportunity Commission (EEOC), 1-800-669-4000 or 1-800-669-6820 (TTY). South Carolina Human Affairs Commission. SHAC can also be reached 1026 Sumter Street, Suite 101, Columbia, SC 29201, Telephone 803) 737-7800, Fax 803-737-7835, or email information@schac.sc.gov.
The South Carolina Human Affairs Law protects you against employment discrimination when it involves: Unfair treatment or harassment because of race, color, religion, sex (including sexual harassment and pregnancy), national origin, age (40 and above), and disability.