South Carolina Code 41-10-80. Violations and penalties; civil actions by employees; administrative review of civil penalties
(B) Any employer who violates the provisions of § 41-10-40 must be assessed a civil penalty of not more than one hundred dollars for each violation. Each failure to pay constitutes a separate offense.
Terms Used In South Carolina Code 41-10-80
- Employer: means every person, firm, partnership, association, corporation, receiver, or other officer of a court of this State, the State or any political subdivision thereof, and any agent or officer of the above classes employing any person in this State. See South Carolina Code 41-10-10
- Wages: means all amounts at which labor rendered is recompensed, whether the amount is fixed or ascertained on a time, task, piece, or commission basis, or other method of calculating the amount and includes vacation, holiday, and sick leave payments which are due to an employee under any employer policy or employment contract. See South Carolina Code 41-10-10
(C) In case of any failure to pay wages due to an employee as required by § 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. Any civil action for the recovery of wages must be commenced within three years after the wages become due.
(D) The Director of the Department of Labor, Licensing and Regulation or his designee shall promulgate regulations to establish a procedure for administrative review of any civil penalty assessed by the Director.