There are a number of bills pending in the South Carolina Senate and House of Representatives that impact employers. Review the list below and comment to your senator or representative as desired. We will follow their progress and keep you alerted.

Source: SC Bar, Employment & Labor Section

Bill Lead Sponsor Description Where Action
H3031 Cobb-Hunter Provides that the minimum wage in this state is the greater value of either ten dollars and ten cents or the minimum wage set by the Fair Labor Standards Act. House LCI Referred
H3038 Daning Deletes the requirement that a business must employ an employee for at least two years before the business may claim the credit for retraining the employee. Ways & Means Referred
H3103 McEachern Creates the Equal Pay Study Committee. House LCI Referred
H3166 Tallon Changes the method of determining the unemployment benefits of a person discharged from employment for illegal drug use, gross misconduct, and failure to accept work. Senate LCI Passed House
H3236 Merrill Prohibits public employee collective bargaining. House LCI Referred
H3241 Robinson-Simpson Provides that no job application may include questions related to convictions of a crime, unless the crime for which he was convicted directly relates to the position of employment sought or the occupation for which the license is sought. House Judiciary Referred
H3253 Stavrinakis State Employee Equal Pay for Equal Work Act to prohibit discrimination by gender in compensation paid state employees. Ways & Means Referred
H3305, R118, A80 Lowe Provides that an employee may be drug tested from oral fluids to establish unemployment insurance disqualification. Law Passed Senate; Ratified; Governor signed
H3346 Rutherford Provides that no job application may include questions related to convictions of a crime, unless the crime for which he was convicted directly relates to the position of employment sought or the occupation for which the license is sought,. House Judiciary Referred
H3359 Hart Allows a state tax credit for employers hiring an unemployed individual receiving unemployment compensation benefit. Ways & Means Referred
H3397 M.S. McLeod Provides that private sector employees shall accrue earned paid and earned unpaid sick leave. House LCI Referred
H3400 Whipper Changes the maximum amount of actual damages a whistleblower may recover from fifteen thousand dollars to three hundred thousand dollars. House Judiciary Referred
H3431 Sandifer Provides a political subdivision of this state may not mandate or otherwise require an employee benefit. House LCI Referred
H3437 Toole Provides that an active or retired employee may remove a dependent spouse at any time after the parties divorce from the State Health Plan. Provides that a retired member may alter the form of monthly payments at any time after a change in marital status. Ways & Means Referred
H3536 Sandifer Authorizes wage assignments to secure consumer debt. A backdoor way to get around SC’s prohibition on wage garnishment. House LCI Referred
H3576 Bannister Provides that certain written agreements between nonprofit youth sports organizations and coaches provide conclusive evidence that the coach is an independent contractor rather than an employee of the organization and that the organization is exempt from certain obligations concerning workers’ compensation coverage, unemployment insurance coverage, and income tax withholdings. These written agreements are not conclusive proof of the existence of an independent contractor relationship for purposes of any civil actions instituted by third parties. Ratification House concurs in Senate amends.
H3581 M.S. McLeod Establishes a coordinated statewide initiative to promote diversity and inclusion in the state workforce and to define the responsibilities of state agencies under this initiative. House Judiciary Referred
H3795 Gambrell Numerous changes with respect to professional employer organizations, including application of job-based tax credits, and contracts between PEOs and clients. Ways & Means Recalled & referred
H3865 Hodges Provides weekly unemployment benefits for self-employed people. House LCI Referred
H3951 Putnam Prohibition Against Employer Intimidation Act. House Judiciary Referred
H4145 White Creates the Coordinating Council for Workforce Development to develop a comprehensive plan for workforce training and education. Establishes a career pathways tax credit if the taxpayer creates a registered apprenticeship and a Workforce Scholarships and Grants Fund administered by the State Board for Technical and Comprehensive Education to provide scholarship funding for eligible individuals to pursue career education. Senate Education Recalled and referred
H4445 Gilliard Establishes the plan by which the Dept. of Administration must allocate any amounts appropriated for employee pay increases so that state employees receive a ten percent employee pay increase effective July 1, 2016. Ways & Means Referred
H4466 King Provides that it is an unlawful employment practice for an employer to fail or refuse to hire an individual because of the credit history or credit report of the individual. House LCI Referred
H4539 Horne Changes the procedures applicable to complaints to the Human Affairs Commission involving a covered state agency or department or subdivisions or parts of an agency or department, including a requirement for preliminary mediation conferences concerning these complaints. House Judiciary Referred
H4555 Cobb-Hunter Repeals the Right to Work Law. House LCI Referred
 
S17 Jackson Provides that the state may not inquire, consider, or require disclosure of the criminal record or criminal history of an applicant for employment until the applicant is selected for an interview by the employer or before a conditional offer of employment is made to the applicant. Senate LCI Referred
S35 Bryant Amends Constitution to provide that the funds of any trust fund established by law for the funding of post-employment benefits for state employees, public school teachers or local public employees may be invested and reinvested in equity securities subject to the same limitations on such investments applicable for the funds of the various state-operated Retirement Systems. Ways & Means Referred
S119 Bright Repeals the availability of unemployment benefits for persons seeking only part-time work. Senate LCI Referred
S144 Scott Constitutional amendment to impose a mandatory minimum wage for people employed in the state who are eligible for the minimum wage provided by federal law of at least one dollar above federal minimum wage. Senate Judiciary Referred
S145 Scott Imposes a state minimum wage. Senate LCI Referred
S146 Scott A joint resolution to provide for a statewide advisory referendum to be held at the same time as the 2016 General Election to determine whether or not the qualified electors of this state favor requiring payment of a minimum hourly wage rate of one dollar above the federal minimum wage to employees for all hours worked in this state. Senate LCI Referred
S172 Kimpson Requires employers to provide earned sick leave to employees who are caregivers for a child or spouse; their own illness or medical condition, medical appointments for themselves, a spouse or child; matters related to a public health emergency; or to address the psychological or physical effects of criminal domestic violence. Specifies accrual of paid sick leave. Senate LCI Referred
S206 Sheheen Directs PEBA to design, implement, and maintain a longevity pay plan for state employees and to require the General Assembly to fund the costs of the plan by a specific appropriation of General Fund revenues in the annual General Appropriations Act. Finance Referred
S225, R2, A95 Cromer Suspends Proviso 105.15 of Part 1b of the 2014-2015 Appropriations Act, relating to reimbursement rates paid to pharmacies participating in the State Health Plan by Catamaran, the contracted pharmacy benefit manager for the plan. Law Governor signed
S266 Young Revises the method of determining the benefits of a person discharged from employment for illegal drug use, gross misconduct, and failure to accept work. Senate LCI Referred
S322 Campsen Creates the SC Workforce Participation Incentives Act to allow a tax credit for hiring a person receiving unemployment through July 1, 2016. Finance Referred
S335 Shealy Provides that any public employee who is terminated within one year of full retirement shall have five days after termination to purchase the remaining time. Finance Referred
S340 Scott Provides that state employees earning annual leave at the rate of thirty days a year must receive a lump sum payment for days of annual leave fewer than thirty days or donated by the employee in a calendar year. Finance Referred
S373, R50, A27 Setzler Allows a member of the State Retirement System to change the form of monthly payment within five years of a change in marital status, instead of one year, and in certain situations, to require the member to reimburse the Retirement System of any excess payment received. Law Governor signed
S381 Shealy Provides that any public employee who is terminated within one year of full retirement shall have five days after termination to purchase the remaining time. Ways & Means Passed Senate w/amend.
S387 Thurmond Allows officers of the Highway Patrol will have a choice between selecting compensatory time or payment at one and one-half the officer’s regular rate of pay in exchange for working overtime. Finance Referred
S407, R107, A77 Bryant Provides that corporate officers are eligible for unemployment benefits unless the corporation elects to opt out of the coverage. The Section also applies to individuals with a 25 % ownership interest in a corporation or business. Law Senate concurs in House amends.; Ratified
S438 Alexander Extends reemployment rights to any member of the National Guard of another state. General Referred
S493 O’Dell Numerous changes with respect to professional employer organizations, including application of job-based tax credits, and contracts between PEOs and clients. House LCI Recalled & referred
S527 Lourie Provides that the Retirement System Investment Commission (RSIC) is a cotrustee instead of the Budget & Control Board. Requires the Public Employee Benefit Authority (PEBA) to hold the assets of the Retirement System in a group trust. Related provisions. Finance Referred
S675 Finance Cttee Provides that the Retirement System Investment Commission (RSIC) is a cotrustee instead of the Budget & Control Board. Requires the Public Employee Benefit Authority (PEBA) to hold the assets of the Retirement System in a group trust. Related provisions. Ways & Means Passed Senate w/amend.
S704 Lourie Establishes the Disabled Self-Employment Development Trust Fund to award grants to qualifying residents of this state with physical or mental impairments who start, expand, or acquire a business. Medical Affairs Referred
S938 Kimpson Provides a base state minimum wage and a schedule to gradually implement an adjusted minimum wage of $15 per ours. Senate LCI Referred
S957 M. B. Matthews Provides that an employer may not inquire, consider, or require disclosure of the criminal record or criminal history of an applicant for employment until the applicant is selected for an interview by the employer or before a conditional offer of employment is made to the applicant. Provides for a tax credit to employers who hire a qualified ex-felon Senate LCI Referred