South Carolina — Hiring & Onboarding

South Carolina law requires all private employers to register for and participate in the federal E-Verify system (the electronic federal work-authorization verification system run by DHS/USCIS) for every new employee, with no exceptions for short-term, seasonal, agricultural, or temporary hires.

Statutory authority and scope South Carolina Code § 41-8-20(B), in effect since January 1, 2012, is unambiguous: "All private employers who are required by federal law to complete and maintain federal employment eligibility verification forms or documents must register and participate in the E-Verify federal work authorization program ... to verify the work authorization of every new employee within three business days after employing a new employee."

The law does not distinguish between types or durations of employment. There is no language in § 41-8-20 (nor in any other provision of Title 41, Chapter 8) that creates exemptions for short-term, seasonal, agricultural, or temporary hires. Employers must verify work authorization for each new hire, regardless of expected employment duration, role, or sector.

No regulatory or agency carve-outs A review of South Carolina Department of Labor, Licensing and Regulation (LLR) materials confirms the absence of any regulatory or agency exception for these categories. All new employees must be E-Verified within three business days—or sooner if employment ends before then. Failure to comply risks penalties including employment license probation, suspension, or revocation.

To summarize:

• There are no statutory or regulatory carve-outs for short-term, seasonal, agricultural, or temporary hires under South Carolina law.
• Every new hire by a private employer must be E-Verified within three business days of the start date.
• Noncompliance exposes the employer to significant administrative sanctions.

Source: South Carolina Code § 41-8-20

South Carolina is a right-to-work state. The state's statutory framework, enacted in 1954 and codified in Title 41, Chapter 7 of the South Carolina Code, prohibits employers from requiring union membership or the payment of union dues as a condition of employment.

Statutory prohibitions

South Carolina law declares it to be public policy that "the right of persons to work shall not be denied or abridged on account of membership or nonmembership in any labor union or labor organization." S.C. Code § 41-7-10. The statute makes unlawful any agreement between an employer and a labor organization that:

• Denies nonmembers the right to work (S.C. Code § 41-7-20)
• Requires union membership as a condition of employment (S.C. Code § 41-7-30)
• Requires the deduction of labor organization membership dues from wages (S.C. Code § 41-7-40)

An employer may not require an employee to become or remain a member of a labor organization, pay dues or fees to a labor organization, or pay any amount in lieu of dues or fees as a condition of obtaining or retaining employment. Contracts or agreements that violate these provisions are null and void. S.C. Code § 41-7-50.

Effective date and applicability

The right-to-work provisions do not apply to contracts lawfully in force on March 19, 1954, but they do apply to all contracts concluded after that date and to any renewal or extension of existing contracts. S.C. Code § 41-7-60.

Enforcement and penalties

The South Carolina Department of Labor, Licensing and Regulation enforces right-to-work compliance. S.C. Code § 41-7-75. An employer, labor organization, or other person who violates any provision of Chapter 7 is guilty of a misdemeanor and, upon conviction, may be punished by imprisonment for not less than ten nor more than thirty days, or by a fine of not less than ten dollars nor more than ten thousand dollars, or both. These are criminal penalties, not civil penalties, and conviction results in a criminal fine and/or incarceration. S.C. Code § 41-7-80. The 2012 amendment to § 41-7-80 increased the maximum criminal fine from one hundred dollars to ten thousand dollars.

Civil penalties are specified separately in S.C. Code § 41-7-100, which allows the Department of Labor, Licensing and Regulation to assess a civil penalty of up to $10,000 for violations of Chapter 7. The 2012 amendment also increased the maximum civil penalty to $10,000. This is distinct from the criminal fine under § 41-7-80.

Employees whose rights are adversely affected by a contract, agreement, or other act declared unlawful under Chapter 7 may apply to any court of general equity jurisdiction for relief. The court may issue restraining orders and injunctions, and may award actual damages, costs, and attorneys' fees. The court or jury also has discretion to award punitive damages in addition to actual damages. S.C. Code § 41-7-90.

Optional workplace notice posting

Employers (or individual employees with employer permission) may post a conspicuous notice containing the provisions of §§ 41-7-10, 41-7-20, 41-7-30, 41-7-40, 41-7-70, and 41-7-90 in at least 14-point font. The notice must bear the title "Your Rights as a Worker in South Carolina" in at least 48-point font. S.C. Code § 41-7-110. This posting is permitted but not mandatory.

Source: S.C. Code Title 41, Chapter 7

South Carolina requires every employer (public and private, regardless of size) to report the hiring or rehiring of anyone who resides or works in South Carolina. This obligation parallels the federal Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA, 42 U.S.C. § 653a), but the operative state rule is in S.C. Code § 63-17-1210.

Who must report: Every “employer” as defined by S.C. Code § 63-17-1210(A)—generally anyone required for federal tax purposes to issue a W-2—must report. There is no threshold employee count.

What must be reported: The employer must report:

• Employee’s name, address, and Social Security Number
• Employee’s date of hire or rehire
• Employer’s name, address, and Federal Employer Identification Number (FEIN)

Where and how to report: The statute authorizes the Department of Social Services (DSS) to collect new hire information, but does not prescribe detailed methods. The DSS operates the state’s official New Hire Reporting Program which accepts reports online, by mail, or by fax, but these practical details are found in DSS guidance, not the statute.

Deadline: Employers must report each new hire or rehire within 20 days of the date of hire. However, employers who submit electronically may do so in batches every 12–16 days, provided all hires in that time are captured. S.C. Code § 63-17-1210(B).

Penalty for noncompliance: The DSS may fine noncompliant employers up to $25 per newly hired employee not reported, and up to $500 if the failure to report is the result of a conspiracy between employer and employee.

Source: S.C. Code § 63-17-1210

South Carolina law requires employers to notify employees in writing at the time of hiring of the normal hours, wages agreed upon, time and place of payment, and any deductions to be made from wages. This requirement is set out in S.C. Code § 41-10-30(A). The written notification must be provided by the employer to each employee, either as a separate statement or in another written form that the employee can retain. The employer must also notify the employee in writing of any reductions in these terms before the changes take effect (except wage increases are exempt from this advance-notice requirement).

Core notice elements required at hiring:

• Normal hours of work
• Wages agreed upon
• Time and place for payment
• Deductions to be made from wages

These must be delivered in writing and may be provided through electronic means if the employee has the ability to access and print the statement.

Change notice: If any of the conditions listed above change (aside from increases in wages), employers must provide a written notice to the employee at least seven calendar days before the change is to take effect (S.C. Code § 41-10-30(B)).

Penalties for noncompliance: If an employer fails to provide the written notice at hiring or an advance written notice of any changes, the employee may bring a civil action to recover any wages due, actual damages, and, if successful, reasonable attorney's fees. Additionally, the court may order the employer to pay triple the amount of unpaid wages as liquidated damages if the failure to pay is found to be willful. These penalties are laid out in S.C. Code § 41-10-80(C) and (D).

Federal overlay: These South Carolina notice requirements are in addition to federal requirements for I-9 verification and E-Verify participation—employers must meet both sets of rules.

Source: S.C. Code § 41-10-30 Source: S.C. Code § 41-10-80

Employers in South Carolina must display certain state‑specific notices at their workplace at the time of hiring or onboarding (in addition to any federal posters—see the federal Hiring & Onboarding guide for those). This ensures employees can read their rights regarding wages, hours, safety, compensation, and discrimination before or shortly after starting.

1. General Labor Law abstract (Title 41‑1‑10 notice) Under S.C. Code § 41‑1‑10, every employer must post in a conspicuous place a printed notice stating the law's provisions on employment of adults and children and hours/working conditions. The Department of Labor, Licensing and Regulation (LLR) provides the printed form on request.

2. LLR Workplace Poster (consolidated state notices) LLR requires employers to post the LLR Workplace Poster, which bundles three required notices:

• South Carolina Occupational Safety and Health (OSHA)
• Payment of Wages Act abstract (covers wage/hour & child labor rules)
• Right‑to‑Work notice

These must be posted where employees can see them.

3. Workers' Compensation notification (R67‑301 A) Under the Workers’ Compensation Act, employers subject to that Act must keep posted the Employer’s Notice of Being Subject to the Act (Form R67‑301 A), including insurer details where applicable.

4. Equal Opportunity (Human Affairs Commission) notice Employers with 15 or more employees must display the “Equal Opportunity is the Law” poster from the South Carolina Human Affairs Commission, alerting employees to anti‑discrimination protections.

Placement & accessibility All state notices must be conspicuously posted where workers perform their services, meaning easily visible and legible (e.g., break rooms, entryways). S.C. Code Regs. 47‑11 confirms this general placement requirement.

Summary checklist: • Title 41‑1‑10 labor posting • LLR Workplace Poster (OSHA + Wage/Child Labor + Right‑to‑Work) • WC Act notice (R67‑301 A) if covered • Equal‑Opportunity notice if 15+ employees

Employers should ensure posters are current, undamaged, and properly displayed throughout onboarding.

Source: S.C. Code § 41‑1‑10 Source: LLR poster requirements Source: WC compliance poster requirement (R67‑301 A) Source: SCHAC Equal Opportunity poster requirement (15+ employees) Source: S.C. Code Regs. 47‑11