Employers are expected to independently research and follow federal and state employment laws when hiring, supervising, disciplining, and terminating employees. The information provided by Morning Sun Financial Services in this document does not, and is not intended to, constitute legal advice; all information is for general informational purposes only. Morning Sun Financial Services encourages employers to seek legal counsel if they have additional questions regarding employment law.
Hiring Employees
- Employers must not discriminate against advertising a job or hiring an employee based on that person's race, color, religion, sex (including gender identity, sexual orientation, and pregnancy), national origin, age (40 or older), disability or genetic information.
- Interview questions should be relevant to the job the employee is applying to, not an employee’s personal traits or background.
- Correctly classify workers as employees and NOT independent contractors when they hire a worker.
- Only hire employees that are eligible to work in the United States. Employers are required to complete form I-9 to verify the employee’s eligibility.
Supervising/Disciplining Employees
- It is illegal to discriminate against someone because of that person's race, color, religion, sex (including gender identity, sexual orientation, and pregnancy), national origin, age (40 or older), disability or genetic information. It is also illegal to retaliate against a person because he or she complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit. This includes using these traits when considering promotions, job assignments, and wages.
- Employees must legally be paid at least minimum wage. 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
- Employers should provide a safe work environment for employees. This includes a physical work environment free from serious recognized hazards, violence, and other dangerous conditions. This also includes providing employees a work environment free from unwelcome or offensive behavior in the workplace, which causes one or more employees to feel uncomfortable, scared, or intimidated in their place of employment.
Terminating Employees
- Employers and employees may terminate the employment relationship at any point for any reason and without warning as long as the reasoning is not illegal since South Carolina is an Employment at Will state. An employer may not terminate an employee based on a person's race, color, religion, sex (including gender identity, sexual orientation, and pregnancy), national origin, age (40 or older), disability or genetic information.
- Employers should notify their case manager and/or Morning Sun Financial Services immediately following an employment termination so that state law for the employee’s final pay can be followed.