South Carolina Hiring laws & HR compliance analysis

South Carolina Hiring: What you need to know

Discrimination. The South Carolina Human Affairs Law prohibits employers from refusing to hire an applicant based on race, religion, color, sex, age, national origin, or disability (S.C. Code § 1-13-10 et seq.). The law applies to employers with 15 or more employees.
Veterans’ preference. It is not an unlawful employment practice for a private employer to give preference in employment to a veteran (S.C. Code § §1-13-80(13)). In public employment, veterans receive preference in hiring whenever practicable (S.C. Code § 1-1-550).
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Tobacco. South Carolina has a law protecting the rights of employees to smoke outside the workplace (S.C. Code § 41-1-85). More information is available at the South Carolina Preemployment Inquiries sections.
Drug testing. The South Carolina Drug-Free Workplace Act (S.C. Code § 44-107-10 et seq.) requires employers that receive state contracts or grants in the amount of $50,000 or more to certify that they will provide a drug-free environment. More information is available at theSouth Carolina Alcohol and Drugs sections.
Genetic testing. The South Carolina Genetic Information Privacy Act prohibits genetic testing on individual tissue, blood, urine, or biological samples without specific and informed consent (S.C. Code § 38-93-10 et seq.).
Wage and hours. State law requires employers of five or more employees to provide written notice to new employees at the time of hiring of:
• Normal hours
• Wages
• Time and place of payment
• Deductions that will be made from the wages, including payments to insurance programs
Employers must give employees seven days' notice before reducing wages or changing the other terms. The employer has the option of giving written ...

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