Claim your Copy of
Top 100 FLSA
Overtime Q&As
Your email address will not be published. Required fields are marked *

South Carolina Independent Contractors: What you need to know

Whether a worker is an employee or an independent contractor is critical when it comes to such important issues as pension eligibility, workers' compensation coverage, wage and hour law, and many other matters. In some situations, federal law will govern, but the question is most often resolved by looking to state law, particularly in areas such as unemployment tax liability, workers' compensation, and state wage and hour requirements.
For a Limited Time receive a FREE Compensation Market Analysis Report! Find out how much you should be paying to attract and retain the best applicants and employees, with customized information for your industry, location, and job. Get Your Report Now!
There is no single, established definition of “independent contractor” under South Carolina law. It is a fact-intensive analysis in which courts rely primarily on a right -to -control test to determine employment classifications. The control test generally assesses whether the employer has the right to direct and control the work of the individual. The court looks to a variety of factors to determine whether the right to control is present, and no one factor is dispositive. For general purposes, the definition of an “independent contractor” has been developed by case law in South Carolina as one who: „„
• Exercises independent employment;
• Contracts to do a piece of work according to his or her own methods; „and
• Is not subject to the control of his or her employer except for the result of the work (Chavis v. Watkins, 180 S.E.2d 648, 649 (S.C. 1971)).
An employer-employee relationship is a requirement for an individual to be eligible for workers’ compensation coverage. According to the South Carolina Supreme Court, this is a fact-specific determination reached by applying certain general principles (South Carolina Workers' Compensation Com'n v. Ray Covington Realtors, Inc., 318 S.C. 546 (1995)). The general test is whether the ...

>> Read more about Independent Contractors

More on this topic:

State Requirements

National | Alabama | Arizona | Arkansas | California | Colorado | Connecticut | Delaware | District of Columbia | Georgia | Hawaii | Idaho | Illinois | Iowa | Kansas | Kentucky | Louisiana | Maine | Maryland | Massachusetts | Michigan | Minnesota | Mississippi | Missouri | Montana | Nebraska | Nevada | New Hampshire | New Jersey | New Mexico | New York | North Carolina | North Dakota | Ohio | Oklahoma | Oregon | Pennsylvania | Rhode Island | South Carolina | South Dakota | Tennessee | Texas | Utah | Vermont | Virginia | Washington | West Virginia | Wisconsin | Wyoming |

South Carolina Independent Contractors Resources

Independent Contractors Products

Employee vs. Independent Contractor Webinar Recording
BLR Webinar: "Employee vs. Independent Contractor: Where’s the Line? How to Make the Proper Call and Stay Out of Court""
Exempt or Nonexempt Webinar Recording
BLR Webinar: "Exempt or Nonexempt? Determining Employee Classification and Overtime Compensation""
Exempt vs. Nonexempt Webinar Recording
BLR Webinar: "Exempt vs. Nonexempt: How to Find and Fix Misclassification Mistakes""
Employee vs. Independent Contractor Webinar Recording
BLR Webinar: "Employee vs. Independent Contractor: Where’s the Line? How to Make the Proper Call""
Exemption Audits Webinar Recording
BLR Webinar: "Exemption Audits: Prepare Now for Stepped-Up DOL Enforcement""
Free Special Reports
Get Your FREE Special Report. Download Any One Of These FREE Special Reports, Instantly!
Featured Special Report
Claim Your Free Copy of Top 100 FLSA Overtime Q&As

We’ve compiled a list of the 100 most commonly asked questions we have received on the federal Fair Labor Standards Act (FLSA) overtime regulations.
Download Now!

This report, "Top 100 FLSA Q&As", is designed to provide you with an examination of the federal FLSA overtime regulations in Q&A format, including valuable tips for bringing your workplace into compliance in an affordable manner.

At the end of the report, you will find a list of state resources on wage and hour issues. This report includes practical advice on topics such as:
  • FLSA Coverage: How FLSA regulations apply to all employers and any specific exemptions from the overtime requirements
  • Salary Level: Qualifying for exemptions and nonexempt employees
  • Deductions from Pay: Deducting for violations, disciplinary reasons, sick leave, or personal leave

Download Now!