Obligations United States South Carolina
What a South Carolina business has to have in writing
South Carolina was the first state to enact the NAIC insurance data security model, so insurance licensees with ten or more people carry a written security program and file a compliance certification with the Department of Insurance every February 15.
Outside insurance the state adds little written-policy weight: no comprehensive privacy law, no harassment-policy mandate, no state paid leave. What every employer does face is SC OSHA as a state plan, mandatory E-Verify on every new hire, a written notice of wages at hire, and secure destruction of records holding customer identifying information.
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Every employee in South Carolina on record
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What applies
South Carolina rules for a 15–19 person general business
State law only. The federal layer every employer carries sits on the business-type pages below. Each row names what you must write, post, file or certify, who enforces it, and links to the state authority.
Breach Notification 1Who you must tell after a data breach, and how fast
LawProduceWhat it requiresTriggerEnforced by
Breach of security of business dataAI-compiledS.C. Code Ann. § 39-1-90Any person or business conducting business in South Carolina that owns, licenses or maintains computerized data containing personal identifying information about a residentDistribute + ack
Notice
Tell affected South Carolina residents as quickly as possible and without unreasonable delay once a breach is confirmed. When a single notification run covers more than 1,000 people, also tell the Consumer Protection Division of the Department of Consumer Affairs and the nationwide consumer reporting agencies the timing, distribution and content of the notice. A business holding data for someone else notifies the data owner.
From the first employee
South Carolina Department of Consumer Affairs, Consumer Protection Division; private right of action
Data Security Program 1A written safeguards program the state requires before anything goes wrong
LawProduceWhat it requiresTriggerEnforced by
Disposal of business records containing personal identifying informationAI-compiledS.C. Code Ann. § 37-20-190 (Consumer Identity Theft Protection Act)Any business that disposes of records containing a customer's personal identifying information; financial institutions under Gramm-Leach-Bliley, health insurers under HIPAA and consumer reporting agencies under the FCRA follow their own rules insteadWrite
Written policy
Set a disposal practice that makes customer identifying information unreadable before records leave the business - shredding, erasing or equivalent - or hire a disposal service under contract to do it. South Carolina has no broader written information security program statute outside insurance.
From the first employee
South Carolina Department of Consumer Affairs; private right of action
Workplace Safety Programs 1Written programs the state safety agency requires beyond federal OSHA
LawProduceWhat it requiresTriggerEnforced by
South Carolina Occupational Safety and Health Act (SC OSHA State Plan)AI-compiledS.C. Code Ann. title 41 chapter 15; 29 CFR 1952 (South Carolina State Plan)All private-sector employers and state and local government employers in South CarolinaPost
Posting
Follow the standards SC OSHA adopts, which mirror the federal ones, display the SC OSHA job safety and health poster, keep the OSHA 300 log and post the 300A summary each February through April, and report fatalities and serious hospitalizations to SC OSHA. Written programs come from the specific standards that trigger them - hazard communication, lockout/tagout, respiratory protection and the like - rather than from a state-wide safety-program mandate.
From the first employee
SC OSHA, South Carolina Department of Labor, Licensing and Regulation
Insurance Data Security 1The written security program insurance licensees must certify
LawProduceWhat it requiresTriggerEnforced by
South Carolina Insurance Data Security ActAI-compiledS.C. Code Ann. title 38 chapter 99Licensees of the Department of Insurance; a licensee with fewer than ten employees, counting independent contractors, is exempt from the information security program section but still handles investigation and notification dutiesCertify
Certification
Run a risk assessment, then write and maintain an information security program covering administrative, technical and physical safeguards, board or senior-management oversight, third-party service provider due diligence and an incident response plan. Investigate cybersecurity events, notify the Director within the statutory window, file a written certification of compliance by February 15 each year, and keep the supporting records for five years.
10+ employees
South Carolina Department of Insurance
Required Postings 1The notices every workplace in the state must display
LawProduceWhat it requiresTriggerEnforced by
Required workplace postersAI-compiledS.C. Code Ann. §§ 41-10-30, 41-13-20, 41-7-90, 41-15-70; workers' compensation and unemployment statutesEvery South Carolina employer, at each worksitePost
Posting
Post the LLR labor law abstract covering payment of wages, child labor and right to work, plus the SC OSHA safety and health notice, the unemployment insurance notices from the Department of Employment and Workforce, the Workers' Compensation Commission notice and the Human Affairs Commission equal opportunity notice. LLR supplies all state posters free.
From the first employee
South Carolina Department of Labor, Licensing and Regulation; Department of Employment and Workforce; Workers' Compensation Commission; Human Affairs Commission
Licensing and Certifications 3Registrations, licences and certifications a business or its staff must hold
LawProduceWhat it requiresTriggerEnforced by
Business registration (Secretary of State Division of Business Filings)AI-compiledS.C. Code Ann. title 33 (corporations and nonprofits); title 33 chapter 44 (LLCs)Corporations, LLCs, limited partnerships, nonprofits and out-of-state entities transacting business in South CarolinaFile
Filing / record
File articles of organization or incorporation, or a foreign qualification, with the Secretary of State, keep a registered agent on record, and file the reports the entity type requires. South Carolina has no single statewide general business licence, so municipal and county business licences plus Department of Revenue registrations are handled separately.
From the first employee
South Carolina Secretary of State, Division of Business Filings
Contractor licensing and residential builder registrationAI-compiledS.C. Code Ann. title 40 chapter 11 (contractors); title 40 chapter 59 (residential builders)Commercial construction above $10,000 in total cost, residential building above $5,000 and residential specialty work above $500Certify
Certification
Qualify a licensed individual by exam, show the financial statement and net worth for the licence group applied for, register the entity, then keep the licence or registration current with the Contractor's Licensing Board or Residential Builders Commission and show the number on bids, contracts and advertising.
From the first employee
South Carolina Department of Labor, Licensing and Regulation - Contractor's Licensing Board and Residential Builders Commission
Retail food establishment permit and Certified Food Protection ManagerAI-compiledS.C. Code Ann. title 44 chapter 1; S.C. Regulation 61-25 (Retail Food Establishments)Restaurants, groceries, mobile units and other retail food establishments in South CarolinaCertify
Certification
Apply for a retail food establishment permit before opening, pass the inspection, and keep at least one supervisory employee credentialled as a Certified Food Protection Manager through an ANAB-accredited exam. A person in charge with either that credential or a food handler certificate has to be on site whenever the establishment is open; certification runs up to five years.
From the first employee
South Carolina Department of Agriculture, Retail Food Safety and Compliance
Other Written Policies 4Any other document the state makes an employer write or hand out
LawProduceWhat it requiresTriggerEnforced by
South Carolina Illegal Immigration Reform Act (E-Verify)AI-compiledS.C. Code Ann. title 41 chapter 8Every South Carolina employer, regardless of sizeCertify
Certification
Enroll in the federal E-Verify program and run every new hire through it within the statutory window, then keep the confirmation records available for LLR inspection. Employers must also hold the I-9 documentation and cannot rely on a state driver's licence check instead.
From the first employee
South Carolina Department of Labor, Licensing and Regulation, Immigrant Worker Compliance Unit
South Carolina Payment of Wages Act noticeAI-compiledS.C. Code Ann. § 41-10-30Employers with five or more employees in South CarolinaDistribute + ack
Notice
Give every employee written notice at hire of the wage rate, the time and place of payment and the deductions that will be made, keep the notice posted or handed out, and give seven calendar days' written notice before changing those terms. Keep the pay records for three years and put the itemised deductions on each pay statement.
5+ employees
South Carolina Department of Labor, Licensing and Regulation, Office of Wages and Child Labor
Drug-free workplace program for workers' compensation premium creditAI-compiledS.C. Code Ann. § 38-73-500Any employer that wants the workers' compensation premium credit; participation is voluntaryWrite
Written policy
Adopt a written substance abuse prevention program - policy statement, employee education, supervisor training, testing procedures and employee assistance referral - and certify it to the insurer to qualify for the premium credit filed with the Department of Insurance.
From the first employee
South Carolina Department of Insurance (rate filings); the employer's workers' compensation carrier
Child labor restrictionsAI-compiledS.C. Code Ann. title 41 chapter 13Any employer that hires a worker under 18 in South CarolinaFile
Filing / record
Keep proof of age on file for every minor employed, follow the hours and hazardous-occupation limits for 14 and 15 year olds, and display the child labor portion of the LLR labor law abstract. LLR investigates complaints and can assess civil penalties per violation.
From the first employee
South Carolina Department of Labor, Licensing and Regulation, Office of Wages and Child Labor
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Other states
The same index for another state
Alabama12Alaska12Arizona11Arkansas14California20Colorado18Connecticut17Delaware17District of Columbia12Florida15Georgia13Hawaii16Idaho13Illinois19Indiana16Iowa13Kansas11Kentucky14Louisiana13Maine14Maryland19Massachusetts16Michigan15Minnesota19Mississippi11Missouri12Montana15Nebraska13Nevada18New Hampshire13New Jersey19New Mexico13New York17North Carolina12North Dakota13Ohio13Oklahoma11Oregon19Pennsylvania12Rhode Island13South Dakota11Tennessee14Texas15Utah13Vermont17Virginia17Washington21West Virginia14Wisconsin15Wyoming13
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Sources
South Carolina Legislature - S.C. Code title 39 chapter 1South Carolina Department of Consumer AffairsSouth Carolina Legislature - Consumer Identity Theft Protection (title 37 chapter 20)South Carolina Legislature - S.C. Code title 38 chapter 99South Carolina Department of Insurance - CybersecuritySouth Carolina Department of Insurance - Insurance Data Security Law industry presentationSC OSHA (Department of Labor, Licensing and Regulation)OSHA - South Carolina State PlanSouth Carolina Legislature - S.C. Code title 41 chapter 15South Carolina Department of Labor, Licensing and RegulationSouth Carolina Legislature - S.C. Code title 41 chapter 10South Carolina Secretary of State - Business FilingsSouth Carolina Department of Revenue - Business registrationSouth Carolina LLR - Contractor's Licensing BoardSouth Carolina Legislature - S.C. Code title 40 chapter 11South Carolina LLR - Contractor's Licensing Board legislative updateSouth Carolina Department of Agriculture - Retail Food SafetySouth Carolina Department of Agriculture - How to apply for a retail food establishment permitSouth Carolina Legislature - S.C. Code title 41 chapter 8South Carolina Legislature - S.C. Code title 38 chapter 73South Carolina Department of InsuranceSouth Carolina Legislature - S.C. Code title 41 chapter 13