(A) An employer, labor organization, or other person who violates the provisions of this chapter may be assessed by the Director of the Department of Labor, Licensing and Regulation a civil penalty of not more than ten thousand dollars for each offense.
(B) The director shall promulgate regulations establishing procedures for administrative review of civil penalties assessed under this chapter.
(C) An employer, labor organization, or other person aggrieved by a final action of the department may appeal the decision to the Administrative Law Court in accordance with the Administrative Procedures Act and the rules of the Administrative Law Court. Service of a petition requesting a review does not stay the department's decision pending completion of the appellate process.
HISTORY: 2002 Act No. 357, Section 2, eff July 26, 2002; 2012 Act No. 197, Section 4, eff June 7, 2012.
Effect of Amendment
The 2012 amendment substituted "An employer, labor organization, or other person" for "A person" in subsections (A) and (C); substituted "ten thousand" for "one hundred" in subsection (A); and substituted "Court" for "Judge Division" throughout subsection (C).
Structure South Carolina Code of Laws
Title 41 - Labor and Employment
Section 41-7-30. Labor organization membership as condition of employment.
Section 41-7-40. Deduction of labor organization membership dues from wages.
Section 41-7-50. Labor organization contract violating right to work provisions.
Section 41-7-60. Applicability of right to work provisions.
Section 41-7-75. Director to ensure chapter compliance; remedies.
Section 41-7-90. Remedy for violation of rights; relief which court may grant.
Section 41-7-100. Civil penalties; review and appeals.
Section 41-7-110. Right to work notice posting by employer permitted; requirements of posting.