Payment of Wages and Child Labor Investigations
Payment of Wages Investigations
The Payment of Wages Act (Act) establishes a procedure to inform employees of their terms of employment, to include hours of work, wages agreed upon, employee benefits, time and place of payment an itemized statement of gross wages and deduction; and to assure employees are paid according to the terms of their employment. Under the Act, employers are also responsible for certain record keeping requirements concerning their employees.
Any wage complaint received indicating a possible violation of the Act will be screened by the appropriate chief investigator to determine whether the complaint falls within the jurisdiction of the Act. Many of the complaints received by OIE allege a violation by an employer, but do not implicate the Act.
If the chief investigator determines that the complaint alleges sufficient facts concerning employee unpaid wages, commissions, and/or benefits, he or she will assign it to an investigator.
When the investigator completes the investigation, he/she will report the investigative findings to the chief investigator. After review by the chief investigator, if violations of the Act are found, sanctions such as citations and warnings will be issued to employer. An employer may request an administrative review of any citation issued in accordance with the Administrative Procedures Act.
Review the Payment of Wages Act.
Child Labor Investigations
The Child Labor Laws in South Carolina were enacted to prohibit oppressive child labor practices as defined by statute and regulation. Click here for the laws governing child labor in South Carolina.(41-13-5 et. seq. and S.C. Code of Regs. Chapter 71 Article 3)
As in Payment of Wages complaints, if a complaint is made alleging a violation of the Child Labor laws, the designated chief investigator will review the complaint to determine if sufficient facts exist to open an investigation.
If a case is opened for investigation, it is assigned to an investigator to conduct a full investigation into the allegations. Upon completion of the investigation, the investigative findings are reviewed by the chief investigator who will issue appropriate sanctions as provided by law, which may include the issuance of citations and assessment of a civil penalties.
Employers may protest and request administrative review of any citations and must follow the procedures established by regulation to be entitled to an administrative review.
In both Payment of Wages and Child Labor investigations, OIE has the statutory authority to enter the premises of employers to inspect the premises or documents in furtherance of an investigation.