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sc labor law no pay stub or check!!!! South Carolina

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  • sc labor law no pay stub or check!!!! South Carolina

    ok this isnt for me its about my girlfriend she works at a locally owned bar and grill shes a server. she makes her money off tips but she has been working there for over a month and she has yet to see a pay stub or a paycheck she was to make 2.13/hr. now is this legal to do when she brings the subject up they avoid the subject.

  • #2
    She might consider filing a wage claim with the SC DOL.
    Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

    Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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    • #3
      state law determines whether or not pay stubs are required by law and I don't know if they are by SC law. Patty will when she comes by.
      The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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      • #4
        Per my reference SC allows electronic payroll (paperless pay stubs) but the employer must be able to supply the information on demand.

        However, your girl friend must still be paid $2.13/hr. min. cash wage.
        Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

        Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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        • #5
          According to my The Payroll Source Book, SC rules on paystub information are "gross pay, itemized deductions".

          Past that, I am citing a DOL webpage on tips. Your friend needs to read this document. Past that, ANYONE working for tips should keep records at home, unrelated to whatever their employer does or does not do. Keep track of actual hours worked by workweek, gross wages actually paid by employer and tips received. On a workweek basis, gross wages directly paid by the employer must be at least $2.13/hr and employer paid gross wages plus tips must equal at least $7.25/hr.
          http://www.dol.gov/whd/regs/compliance/whdfs15.htm

          The following is a payroll calculator. If you know employer paid gross wages and tips, then you can do your own calc.
          http://www.paycheckcity.com/netpayca...calculator.asp

          One last thing. Some states have very weak labor laws. Some states do not enforce what laws they do have. Your state is not my state, so I cannot give SC specific advise.

          At some point, a bad employer is a bad employer and the best long term solution is to be somewhere else. Of course file the wage claim if indicated, but do not assume that this action will give the employer a soul.
          "Reality is that which, when you stop believing in it, doesn't go away".
          Philip K. **** (1928-1982)

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