As used in this chapter:
(A) "Agency" means any agency, department, board, commission, or political subdivision of this State that issues licenses for the purposes of operating a business in this State.
(B) "Director" means the Director of the Department of Labor, Licensing and Regulation or the director's designee.
(C) "License" means an agency permit, certificate, approval, registration, charter, or similar form of authorization that is required by law and that is issued by any agency or political subdivision of this State for the purpose of operating a business in this State, excluding professional licenses, but including employment licenses, articles of organization, articles of incorporation, a certificate of partnership, a partnership registration, a certificate to transact business, or similar forms of authorization issued by the South Carolina Secretary of State, and any transaction privilege tax license.
(D) "Political subdivision" includes counties, cities, towns, villages, townships, districts, authorities, and other public corporations and entities whether organized and existing under charter or general law.
(E) "Private employer" means any:
(1) person or entity that transacts business in this State, is required to have a license issued by an agency, department, board, commission, or political subdivision of this State that issues licenses for the purposes of operating a business in this State, and employs one or more employees in this State, as defined in Section 12-8-10;
(2) person or entity carrying on any employment and the legal representative of a deceased person or the receiver or trustee of any person; or
(3) person or entity for whom an individual performs a service or sells a good, of whatever nature, as an employee, as defined in Section 12-8-10.
(F) "Unauthorized alien" means an unauthorized alien as defined by 8 U.S.C. Section 1324a(h)(3).
HISTORY: 2008 Act No. 280, Section 19, eff June 4, 2008; 2011 Act No. 69, Section 8, eff January 1, 2012.
Effect of Amendment
The 2011 amendment rewrote the definitions for "Agency", "Director", "License", and "Private employer"; and added the definition for "Unauthorized alien".
Structure South Carolina Code of Laws
Title 41 - Labor and Employment
Chapter 8 - Illegal Aliens And Private Employment
Section 41-8-30. Employment of unauthorized alien.
Section 41-8-40. Presumption of compliance.
Section 41-8-50. Violations; investigations; suspension and revocation of license.
Section 41-8-60. Review of disciplinary action.
Section 41-8-70. Filing false or fraudulent documents; penalty.
Section 41-8-80. Local ordinances limiting enforcement of chapter.
Section 41-8-90. Equal enforcement of chapter.
Section 41-8-100. Compliance with federal immigration requirements.
Section 41-8-110. Exemption from civil action for wrongful termination.
Section 41-8-120. Promulgation of regulations; statewide random auditing program.
Section 41-8-130. Right of entry and inspection by inspectors.