Human Resources Consulting - Columbia SC

Is That True or Legal?

As a Human Resources Consultant that works primarily with small businesses who have less than 100 employees, I am typically asked a series of the same questions. Many times, employers are quite surprised by my answers. Please take a minute and review the list of statements below. If you do not know, or have any questions about the correct answer, please do not hesitate to contact me. A few of these statements are South Carolina specific however the majority apply to all employers in all States.

  1. Since South Carolina is a “Right To Work” State, that means that I can fire an employee at will.
  2. Is it legal in South Carolina to work employees a straight 8 hours with no breaks and no lunch periods?
  3. An employer has a company policy which states that employees are not allowed to discuss their wages and benefits with other employees because such information is considered confidential. A manager walks by a group of employees and overhears them openly discussing and comparing their salaries. The manager terminates them for violating company policy. Is that legal?
  4. An employer and his employee both agree that whenever the employee works overtime (more than 40 hours in one week), the employee may take time equal to the overtime hours worked off the following week as paid “comp” time so that it equals out and no overtime needs to be paid. Is that legal?
  5. Is it OK to have a work rule or policy which bars employees from using social media to make negative comments about coworkers, the company or management?
  6. Since South Carolina is an “Employment At Will” State, that means that an employer can hire or fire anyone at any time for any reason.
  7. If you pay an employee on a salaried basis, it means that you never have to pay overtime to that individual even if he/she works more than 40 hours within one week. Is that legal?
  8. Small businesses which have less than 5 employees do not have to comply with most employment laws.
  9. All employers must report all newly hired employees to their State Department of Social Services.
  10. Is it OK to ask applicants about their criminal arrest or conviction records?
  11. Anyone can be classified as an “Independent Contractor”/1099 employee.
  12. Is it OK to automatically mandate a drug screen for any employee who has a work related injury?

A company’s best defense against the potential expense and aggravation related to federal or state law violations is to proactively review and revise as needed all Human Resources policies, handbooks, hiring procedures, compensation, benefits, training programs, communications tools and other functions. The professionals of PHHR are ready to assist your organization with this type of training as well as to maintain compliance with the latest state and federal mandates.

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Paul Hilton Human Resources Consulting works with our clients to insure that all required documentation is correct and sufficient to successfully defend against a claim to any unemployment compensation commission.

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Paul Hilton is a certified Human Resources Consultant, located in Columbia, SC.
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Paul Hilton, Human Resources Consulting, LLC
Columbia, South Carolina
Office: (803) 481-9533
Cell: (803) 305-8962 

Paul Hilton, Human Resources Consulting, LLC