Child Labour Laws in South Carolina

Child labor laws in South Carolina are enforced by the state’s Department of Labor, Licensing and Regulations (LLR) Office of Wages and Child Labor. It establishes the legal framework for employing young individuals under 18 years of age. The law aims to protect the interests of minors and has established certain guidelines for all employers to follow, including the minimum working age, working hours and day limits, and hazardous occupations where minors are prohibited from employment. 

All employers must comply with both state laws and the federal Fair Labor Standards Act (FLSA). Failing to do so can result in hefty penalties. 

How the State Regulates Child Labor

South Carolina has established some rules and regulations to govern youth employment in its state. These are as follows:

• Minimum Age: Individuals 14 and above can seek employment in South Carolina. However, some exceptions exist. 
• Proof of Age: The state does not issue state work permits. Instead, it requires employers are legally obtain and keep proof of a minor’s age on file for compliance purposes.
• Hour Restrictions: The law defines specific maximum daily and weekly hours and time-of-day curfews. However, these only apply to minors aged 14 and 15.
• Hazardous Occupations: The state refers to the federal FLSA list of hazardous occupations that are prohibited for all minors under 18 years.

Relation to Federal Law

The state’s laws work in conjunction with the federal FLSA, and employers must follow the rules, which are stricter and more protective. For 14- and 15-year-olds, the state and federal hour restrictions are very similar, covering daily and weekly caps, as well as time-of-day curfews. Meanwhile, for minors aged 16 and 17, neither the state law nor the FLSA imposes any restrictions on working hours. Although the state law does prohibit employers from asking minors during school hours. 

Minimum Working Age in South Carolina

In South Carolina, the minimum working age is set at 14 years. However, some minors are exempted and allowed to work. For instance:

• Acting or performing in theatrical, radio, television, or film.
• Delivering newspapers.
• Working in a family-owned business (except for hazardous jobs).
• Performing non-hazardous farm work outside of school hours for minors aged 12 and 13, with parental consent.

Work Permits for Minors in South Carolina

The state does not require minors to obtain a state-issued work permit or employment certificate. However, employers are legally liable to verify the age of a minor and must obtain and keep a copy of one of the following documents in their records:

• Birth certificate
• A valid driver’s license
• A passport or any other official government-issued identification document showing the minor’s date of birth

Employers must keep a minor’s age proof handy for inspection by the Department of Labor, Licensing and Regulation.

Hour Restrictions for Minors in South Carolina

In South Carolina, work hour restrictions only apply to the youngest workers.

For Minors Aged 14 and 15:

• During the School Year:
  • A maximum of 3 hours on a school day and 18 hours in a school week
  • Must only work between 7:00 AM and 7:00 PM
  • Must not work during school hours.
• During Summer Vacation (June 1 to Labor Day):
  • A maximum of 8 hours per day or 40 hours per week
  • Must work between 7:00 AM and 9:00 PM.

For Minors Aged 16 and 17:

• No state or federal restrictions on the number of hours or the times of day that 16- and 17-year-olds must work. 
• The only limitation is that they must not work during school hours when school is in session.

Prohibited Jobs for Minors in South Carolina

Since South Carolina follows the federal FLSA list of hazardous occupations, the following areas are prohibited for all minors under 18 years of age.

Penalties for Non-Compliance

Employers who violate South Carolina child labor laws are subject to civil penalties.

• Parental Liabilities: No such parental liabilities. The legal responsibility for compliance rests with the employer. 
• Employer Penalties:

• • First Offense: A first-time, unintentional violation usually results in a written warning. However, a fine of up to $1,000 can be assessed.
  • Consecutive Offenses: For the second and every subsequent violation, an employer shall be fined up to $5,000 per offense.
  • Determination of Fines: Ideally, the director of the LLR determines the penalty charges based on various factors, including business size, violation severity, and the employer’s history of compliance.

HR Notifications and Documentations

Maintaining proper records is a cornerstone of child labor law compliance in South Carolina.