ARTICLE
5 March 2024

New Reporting Requirements For South Carolina Employers

JL
Jackson Lewis P.C.

Contributor

Focused on employment and labor law since 1958, Jackson Lewis P.C.’s 1,000+ attorneys located in major cities nationwide consistently identify and respond to new ways workplace law intersects business. We help employers develop proactive strategies, strong policies and business-oriented solutions to cultivate high-functioning workforces that are engaged, stable and diverse, and share our clients’ goals to emphasize inclusivity and respect for the contribution of every employee.
Starting in the first quarter of 2024, employers must report Standard Occupational Code (SOC) information for their employees in the quarterly wage file reports due by April 30, 2024.
United States Employment and HR

Starting in the first quarter of 2024, employers must report Standard Occupational Code (SOC) information for their employees in the quarterly wage file reports due by April 30, 2024.

In May 2023, Governor Henry McMaster signed into law the Statewide Education and Workforce Development Act. According to the South Carolina Department of Employment and Workforce (SCDEW), the Act "will improve the effectiveness of South Carolina's workforce development and the state's responsiveness to industry needs by providing detailed real-time workforce information and analysis to decision-makers and the public." These potential benefits come with some new reporting burdens on South Carolina employers.

New Reporting Requirements

Under the Act, almost all employers will be subject to the reporting requirements under S.C. Code Ann. § 41-31-160. Effective the first quarter of 2024, every employer with at least 10 employees must file quarterly reports with SCDEW. The report must include employees' social security numbers, name, SOC, total number of hours worked, and total wages. (Previously, only large employers with at least 250 employees had to file quarterly reports.) The reports must be filed electronically unless a "hardship" exception applies.

The quarterly reports must also include hours worked by employee and the SOC for each position. South Carolina is the fifth state in the nation to require reporting of SOC codes, and so this change likely will require some additional research and information gathering by employers, even the state's largest employers. SCDEW has provided resources to help locate the correct SOC for employees.

According to the SCDEW, the first quarter's wage reports are due by April 30, 2024. The reports can be filed electronically through SCDEW's SUITS platform. SCDEW also provides resources relating to SUITS on their website.

Employers Must File responses to SCDEW Requests for Information Electronically

The Act amended S.C. Code Ann. § 41-35-615 so that, starting on March 1, 2024, employers with at least 10 employees are required to respond electronically to requests for information from SCDEW relating to individual claims for unemployment benefits. SCDEW may waive the requirement to file electronically if a hardship is shown. This change makes it easier for SCDEW to gather information from employers relating to claims for benefits.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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