State Laws

South Carolina Labor Laws


Child Labor Laws
The federal government created the Fair Labor Standards Act to disallow children under twelve years of age from working. This working aspect also includes agriculture. South Carolina has had difficulties keeping this act in effect, especially in the agricultural aspect of work. Children are often used in pick crops because their hands are smaller and can reach into smaller places without damaging the plants, fruit, or vegetables. Parents are however allowed to "hire" their children to work on family farms without inhibiting the Fair Labor Standards Act.

The Fair Labor Standards Act is designed to help the socio-economic status and to protect children. When children work they are not able to attend school, affecting their education and their futures. Illiteracy is also a problem that can grow from child labor. In the current economy the lack of education can strongly damage future generations as jobs that are higher paying require education. This leads to increases in poverty.

Agricultural working also allows children to have exposure to pesticides and herbicides. Such toxins can have strong affects on their health in the future, such as asthma, respiratory problems, and skin problems. The inability to attend school also limits children's social interactions with their peers.

South Carolina does not have its own laws in regards to medical and family leave. Instead South Carolina uses the federal Family and Medical Leave Act. This act was created in 1993 and allows individuals the right to take up to twelve weeks of unpaid leave for family or medical purposes.

The Family and Medical Leave Act also protects an individual's job while he or she is on leave. The twelve weeks that are annually provided must be taken consecutively and cannot be spread throughout the year. Maternity leave is provided under the Family and Medical Leave Act and can also be used to allow adoptive parents to bond with their new children.

When an individual returns from leave he or she is guaranteed his or her former occupation or one of equal pay and benefit. While an employee is on leave, an employer has the right to hire a temporary employee for the twelve weeks. Those on leave cannot be terminated but are not except from termination if a company or business has to make reductions due to financial difficulties. Employers also have the right to not allow employees to return early from leave or to allow them to work part-time before the twelve weeks has concluded.

No federal or South Carolina law requires employers to provide holidays or holiday pay for their employees. Federal law states that businesses and companies have the right to be in business three hundred sixty-five days of the year, including Sundays and holidays. Employers may choose to pay their employees more on holidays or to allow them to take holidays off.

Such policies are legally required to be written and presented to the employees. Federal holidays are not stipulated for all employees. These kinds of holidays are designed for government entities and the postal service.

See also:
South Carolina Felony
South Carolina Divorce
South Carolina Bankruptcy Laws
South Carolina Misdemeanor External link (opens in new window)
South Carolina Expungement External link (opens in new window)