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06/13/2024
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Summary of differences between federal and state regulations
Federal law generally does not regulate employment contracts between employers and employees with one exception: contracts that require the joining or refraining from joining of a labor union as a condition of employment. On the federal level, these contracts are governed by the National Labor Relations Act. States may have a corresponding provision and may also have additional provisions regarding employment contracts.
South Carolina law contains a provision similar to federal law regarding union membership. It also contains additional provisions concerning employment contracts.
Union membership
An employer may not require an employee to enter into an agreement to become or remain a member of a labor union, or to refrain from union membership as a condition of employment. §41-7-30
Wage payment law
An employer can not enter into a private agreement to contravene any provision of the wage payment law (Title 41, Chapter 10). §41-10-100
Waiver of rights
An employee can not be required to enter into an agreement to waive his or her rights to workers’ compensation benefits. §42-1-620
An employee can not be required to enter into an agreement to waive his or her rights to unemployment compensation benefits, nor can an employee enter into an agreement to pay any portion of the employer’s required contributions to the fund. §41-39-10
State
Contact
South Carolina Department of Labor Licensing and Regulation
Regulations
Union membership
South Carolina Code of Laws Title 41, Chapter 7, §41-7-30
Wage payment law
South Carolina Code of Laws Title 41, Chapter 10, §41-10-100
Waiver of rights
Title 42, Chapter 1, §42-1-620
Title 41, Chapter 39, §41-39-10
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