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Labor Law, also known as Employment Law, governs the rights and responsibilities between employers and workers in Charleston, United States. These laws are primarily designed to keep workers safe and ensure they are treated fairly, while also protecting employers' interests. They include standards on a variety of aspects such as minimum wage, work hours, overtime, safety, health, as well as protections against discriminatory practices in the workplace. Understanding these rights is crucial for both employers and employees to promote a healthy and legally compliant working environment.
Legal help in Labor Law can guide you through numerous situations, such as, wrongful termination or demotion, wage disputes, job discrimination, sexual harassment, violation of the Family and Medical Leave Act, disputes around agreement contracts, and non-compete clauses. An experienced employment law attorney can provide help in understanding your rights, evaluating your claims, negotiating settlements, and representing your case in court if necessary.
In Charleston, United States, labor laws adhere closely to federal standards, but with some unique features. For example, the South Carolina Payment of Wages Act regulates how and when employers must pay wages, and the South Carolina Human Affairs Law prohibits employment discrimination. Additionally, employers in Charleston are subject to federal laws such as the Fair Labor Standards Act (FLSA), Occupational Safety and Health Act (OSHA), Americans with Disabilities Act (ADA), and the Civil Rights Act.
As of date, South Carolina does not have a state-level minimum wage, thus it follows the federal minimum wage, currently set at $7.25 per hour.
Overtime rules in Charleston align with the federal Fair Labor Standards Act (FLSA), meaning employees must receive overtime pay for hours worked over 40 in a workweek at a rate not less than time and one-half their regular rates of pay.
South Carolina law doesn’t require employers to provide meal or rest breaks. Employers who choose to provide break periods of less than 20 minutes must pay employees for their time.
Yes, under OSHA, workers have a fundamental right to refuse to perform work that poses a real danger of death or serious physical harm.
You are advised to notify your employer about your situation. If the employer fails to resolve the issue, you could file a complaint with the South Carolina Human Affairs Commission or directly with the Equal Employment Opportunity Commission (EEOC).
The South Carolina Human Affairs Commission (SCHAC) and U.S. Equal Employment Opportunity Commission (EEOC) are great resources for labor law-related issues. For wage and hour concerns, you can reach out to the U.S. Department of Labor or the Wages and Hour Division of the South Carolina Department of Labor, Licensing, and Regulation. Legal aid services, local law universities, or your local bar association can also provide valuable assistance.
If you believe your rights under Labor Law have been violated, you may want to consult with an attorney experienced in employment law. Gather any related documents such as contracts, pay stubs, emails, or anything else related to your situation. Providing this information to your attorney can assist them in evaluating your claim and provide appropriate legal advice.
