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  • Heres one.

    SC Law Labor Law:

    State law requires an employer of five ormore employees to notify each employee inwriting at the time of hiring of the wagesagreed upon, the time and place of payment,and the deductions which will be made fromwages, including insurance programs............

    The employer must furnish each employeewith an itemized statement showing his grosspay and the deductions made from his wages for each pay period.

    Any changes in these terms must be given to the employee in writing at least seven calander days before they become effective.

    If an employer fails to pay wages due to an employee, the employee may recover in a civil action an amount equal to three times the full amount of the unpaid wages, plus costs and reasonable attorney’s fees as the court may allow.
    Case 1A.

    A large SC company was audited by the Fed Labor board and it was discovered that certain salaried positions within the company did not fall with in the guidelines of the exempt status.

    The company was instructed to move x amount of the salaried positions to a non-exempt (hourly) position. This was to be calculated using their current yearly salary and an hourly pay scale transition set up to ensure that individual salaries did not decrease with the conversion.

    During conversion the company calculated each employee to hourly wage that would equate to a small deduction of between 50-75 cents per hour to help cover computer, paperwork, and secretarial misc. expenses that incurred while making this transition in payroll.

    This deduction resulted in a yearly deduction of between $1500-$2300 per year among the various employees.

    Now the employees are filing with the state labor board saying that they should of been notified about these deductions and that the company broke several State and Federal laws by not announcing these deductions in writing seven calendar days before putting them into affect.

    If the company had to spend extra monies in making the changes that the Federal Labor laws insisted on, would this deduction fee override any State laws concerning changes in employees wages?

    Did the company violate any Federal or SC state labor laws by making these adjustments in salaries under the guise of a Federal mandate to conform to law?
    Last edited by Jack Knight; 10-07-2005, 12:12 PM.

  • #2
    Is this a class assignment?
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.


    • #3
      no...just your best legal guess.

      Companies can change hourly rates or will.

      What do they have to do before doing so?

      Where might they trip up?

      Your answer?


      • #4
        Well, I'm not an attorney. I'm an HR/Payroll professional with over 25 years of experience. Having said that, the "trip up" that immediately comes to mind is if the state requires that notice of a decrease in (equivalent) pay requires prior notice before the hours are worked at the decreased rate. How the company comes to the hourly rate in the conversion is, to my knowledge, not regulated by employment law.
        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.


        • #5
          ans: they do have a civil case.
          Last edited by Jack Knight; 10-07-2005, 12:16 PM.


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