emailcraigs
Junior Member
What is the name of your state?What is the name of your state? SC
Upon being promoted to a higher level job I was given a raise, but nothing to sign signifying a breakdown of my reponsibilities and what each represented as far as my salary. Almost a year ago I had a meeting to discuss an adjustment of my salary due to a change in my new job responsibilities. At this time no firm numbers were set. Later I had a meeting with my manager concerning the salary adjustment and we discussed a decrease amount and I presented my concerns about my salary not being adequate after the decrease, and that it would cause me to have to look for a new job. He said he would take this issue to his manager. I have never heard anything else about it. My pay never changed. I was never given anything to sign concerning a pay decrease. Now, almost a year later my manager is telling me that HR has discovered that I have been being overpaid. He asked me if I wanted to present a repayment plan to HR before they presented one to me. I declined and asked him to check with HR and see what they had to say before I would comment on the situation. I looked up the labor laws for SC and this is all I found:
SECTION 41-10-10. Definitions... " Wages" means all amounts at which labor rendered is recompensed, whether the amount is fixed or ascertained on a time, task, piece, or commission basis, or other method of calculating the amount and includes vacation, holiday, and sick leave payments which are due to an employee under any employer policy or employment contract. Funds placed in pension plans or profit sharing plans are not wages subject to this chapter.
SECTION 41-10-30. Notification to employees of wages and hours agreed upon; recordkeeping requirements; requirement of itemized statement of gross pay and deductions for each pay period. ..
(A) Every employer shall notify each employee in writing at the time of hiring of the normal hours and wages agreed upon, the time and place of payment, and the deductions which will be made from the wages, including payments to insurance programs. The employer has the option of giving written notification by posting the terms conspicuously at or near the place of work. Any changes in these terms must be made in writing at least seven calendar days before they become effective. This section does not apply to wage increases.
(B) Every employer shall keep records of names and addresses of all employees and of wages paid each payday and deductions made for three years.
(C) Every employer shall furnish each employee with an itemized statement showing his gross pay and the deductions made from his wages for each pay period.
SECTION 41-10-40 ...(C) An employer shall not withhold or divert any portion of an employee's wages unless the employer is required or permitted to do so by state or federal law or the employer has given written notification to the employee of the amount and terms of the deductions as required by subsection (A) of Section 41-10-30.
SECTION 41-10-60. Unconditional payment of wages conceded due. In case of a dispute over wages, the employer shall give written notice to the employee of the amount of wages which he concedes to be due and shall pay the amount without condition within the time set by this chapter. Acceptance by the employee of the payment does not constitute a release as to the balance of his claim.
SECTION 41-10-70. Investigation of alleged violations; resolution of disputes. Upon written complaint of any employee alleging a violation of this chapter, the Director of the Department of Labor, Licensing, and Regulation or his designee may institute an investigation of the alleged violation. If the Director of the Department of Labor, Licensing, and Regulation or his designee determines that a violation exists, he shall endeavor to resolve all issues by informal methods of mediation and conciliation.
SECTION 41-10-80. Violations and penalties; civil actions by employees; administrative review of civil penalties etc.
Sections 41-10-30A and 41-10-40C appear to address this issue somewhat, but the information here is not very specific and I was wondering if anyone could shed a little more light on my particular situation. Thanks for reading this rather long post......much appreciated.
Upon being promoted to a higher level job I was given a raise, but nothing to sign signifying a breakdown of my reponsibilities and what each represented as far as my salary. Almost a year ago I had a meeting to discuss an adjustment of my salary due to a change in my new job responsibilities. At this time no firm numbers were set. Later I had a meeting with my manager concerning the salary adjustment and we discussed a decrease amount and I presented my concerns about my salary not being adequate after the decrease, and that it would cause me to have to look for a new job. He said he would take this issue to his manager. I have never heard anything else about it. My pay never changed. I was never given anything to sign concerning a pay decrease. Now, almost a year later my manager is telling me that HR has discovered that I have been being overpaid. He asked me if I wanted to present a repayment plan to HR before they presented one to me. I declined and asked him to check with HR and see what they had to say before I would comment on the situation. I looked up the labor laws for SC and this is all I found:
SECTION 41-10-10. Definitions... " Wages" means all amounts at which labor rendered is recompensed, whether the amount is fixed or ascertained on a time, task, piece, or commission basis, or other method of calculating the amount and includes vacation, holiday, and sick leave payments which are due to an employee under any employer policy or employment contract. Funds placed in pension plans or profit sharing plans are not wages subject to this chapter.
SECTION 41-10-30. Notification to employees of wages and hours agreed upon; recordkeeping requirements; requirement of itemized statement of gross pay and deductions for each pay period. ..
(A) Every employer shall notify each employee in writing at the time of hiring of the normal hours and wages agreed upon, the time and place of payment, and the deductions which will be made from the wages, including payments to insurance programs. The employer has the option of giving written notification by posting the terms conspicuously at or near the place of work. Any changes in these terms must be made in writing at least seven calendar days before they become effective. This section does not apply to wage increases.
(B) Every employer shall keep records of names and addresses of all employees and of wages paid each payday and deductions made for three years.
(C) Every employer shall furnish each employee with an itemized statement showing his gross pay and the deductions made from his wages for each pay period.
SECTION 41-10-40 ...(C) An employer shall not withhold or divert any portion of an employee's wages unless the employer is required or permitted to do so by state or federal law or the employer has given written notification to the employee of the amount and terms of the deductions as required by subsection (A) of Section 41-10-30.
SECTION 41-10-60. Unconditional payment of wages conceded due. In case of a dispute over wages, the employer shall give written notice to the employee of the amount of wages which he concedes to be due and shall pay the amount without condition within the time set by this chapter. Acceptance by the employee of the payment does not constitute a release as to the balance of his claim.
SECTION 41-10-70. Investigation of alleged violations; resolution of disputes. Upon written complaint of any employee alleging a violation of this chapter, the Director of the Department of Labor, Licensing, and Regulation or his designee may institute an investigation of the alleged violation. If the Director of the Department of Labor, Licensing, and Regulation or his designee determines that a violation exists, he shall endeavor to resolve all issues by informal methods of mediation and conciliation.
SECTION 41-10-80. Violations and penalties; civil actions by employees; administrative review of civil penalties etc.
Sections 41-10-30A and 41-10-40C appear to address this issue somewhat, but the information here is not very specific and I was wondering if anyone could shed a little more light on my particular situation. Thanks for reading this rather long post......much appreciated.