Hiring New Employees in South Carolina: Legal Guide for Employers

Develop a clear job description that outlines the position's responsibilities, required qualifications, and essential functions. Ensure the description complies with South Carolina employment laws and does not contain discriminatory language. This will serve as the foundation for your hiring process.

Advertise the position through appropriate channels and collect Employment Application Forms from candidates. South Carolina is an at-will employment state, but your application should still avoid questions about protected characteristics (race, religion, age, etc.) to comply with anti-discrimination laws.

Create an application form that collects necessary information while complying with South Carolina employment laws. Avoid questions about protected characteristics. Include authorization for reference checks and a statement about South Carolina's at-will employment doctrine.

Interview qualified candidates and select the best fit for the position. Ensure interview questions comply with anti-discrimination laws and focus on job-related qualifications. Document your selection process to demonstrate non-discriminatory hiring practices.

Create a form that complies with the Fair Credit Reporting Act (FCRA) and South Carolina law to obtain the candidate's consent for background checks. The form should clearly disclose that a background check will be conducted and obtain the candidate's authorization.

After receiving signed authorization, conduct appropriate background checks in compliance with FCRA and South Carolina law. If you decide not to hire based on background check results, follow FCRA adverse action procedures, including providing pre-adverse action and adverse action notices.

Draft an offer letter that outlines the position, compensation, benefits, start date, and at-will employment status. In South Carolina, clearly stating the at-will relationship is important to preserve employer rights. The letter should request the candidate's written acceptance.

If using a formal employment contract rather than an offer letter, draft a contract that clearly outlines all terms of employment. In South Carolina, most employment is at-will, but if you choose to use a contract, be aware it may limit your ability to terminate without cause. Consider having an attorney review the contract.

Draft an NDA to protect your company's confidential information. South Carolina courts generally enforce reasonable NDAs. Ensure the agreement clearly defines what constitutes confidential information and the employee's obligations to maintain confidentiality.

If necessary, draft a non-compete agreement. South Carolina courts will enforce reasonable non-compete agreements that protect legitimate business interests. The agreement should have reasonable limitations on geographic scope, duration, and activities restricted. Consider having an attorney review to ensure enforceability.

Research federal I-9 requirements and prepare to verify the new hire's identity and employment authorization. Employers must complete Form I-9 within 3 business days of the employee's first day of work.

Have the new employee complete Section 1 of Form I-9 on their first day of employment. As the employer, you must complete Section 2 within 3 business days of the employee's start date after physically examining the employee's identity and work authorization documents.

Provide the federal W-4 form to the new employee to determine federal income tax withholding. The employee should complete this form on or before their first day of employment.

Provide the South Carolina state tax withholding form (SC W-4) to determine state income tax withholding. South Carolina has its own withholding form that must be completed in addition to the federal W-4.

Create a form for employees to authorize direct deposit of their paychecks. Include fields for bank account and routing numbers. While direct deposit is not required in South Carolina, if offered, proper authorization must be obtained.

Create a form to collect emergency contact information. This is not legally required but is a best practice for workplace safety and emergency response.

Prepare forms for the employee to enroll in available benefits programs (health insurance, retirement plans, etc.). Include information about eligibility requirements and enrollment deadlines. If benefits are subject to a waiting period, clearly communicate this to the new employee.

Ensure your employee handbook is up-to-date with current South Carolina and federal employment laws. The handbook should cover company policies, procedures, code of conduct, anti-discrimination policies, and other important information. Have the new employee acknowledge receipt of the handbook.

If this is your first employee in South Carolina, register with the South Carolina Department of Social Services New Hire Reporting Program. Employers must register within 20 days of hiring their first employee.

Complete the South Carolina New Hire Reporting Form with the required information about your new employee. South Carolina requires employers to report new hires within 20 days of their hire date to the State Directory of New Hires.

If this is your first employee, register with the South Carolina Department of Employment and Workforce for unemployment insurance. All employers with employees in South Carolina must register and pay unemployment insurance taxes.

Secure workers' compensation insurance as required by South Carolina law. Most employers with four or more employees (full-time or part-time) must carry workers' compensation insurance. There are some exemptions, so research if your business qualifies for any exemptions.

Obtain and display all required federal and South Carolina workplace posters in a conspicuous location. These include posters on minimum wage, workplace safety, equal employment opportunity, and other employment laws.

Establish a payroll system that complies with South Carolina wage and hour laws. South Carolina follows federal minimum wage ($7.25/hour) and has specific requirements for pay frequency and final paychecks. Ensure your system properly calculates and withholds taxes.

Plan and conduct an orientation for the new employee to review company policies, procedures, and expectations. This should include safety training, review of the employee handbook, and completion of any remaining paperwork.