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H. 3616
STATUS INFORMATION
General Bill
Sponsors: Rep. F.N. Smith
Document Path: l:\council\bills\dka\3192ab07.doc
Introduced in the House on March 1, 2007
Currently residing in the House Committee on Judiciary
Summary: Employee attendance at a court proceeding
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number
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3/1/2007 House Introduced and read first time HJ-12
3/1/2007 House Referred to Committee on Judiciary HJ-12
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
TO AMEND SECTION 41-1-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LIABILITY OF AN EMPLOYER FOR DISMISSAL OR DEMOTION OF AN EMPLOYEE WHO COMPLIES WITH A SUBPOENA OR SERVES ON A JURY, SO AS TO PROVIDE FOR AN EMPLOYEE'S ATTENDANCE AT A COURT PROCEEDING AT A PROSECUTOR'S REQUEST AND TO PROVIDE A CRIMINAL PENALTY AGAINST AN EMPLOYER WHO DISMISSES OR DEMOTES AN EMPLOYEE WHO COMPLIES WITH THE PROVISIONS OF THIS SECTION; AND TO AMEND SECTION 41-1-80, RELATING TO THE LIABILITY OF AN EMPLOYER WHO DISCHARGES OR DEMOTES AN EMPLOYEE WHO INSTITUTES A WORKERS' COMPENSATION CLAIM, SO AS TO PROVIDE A CRIMINAL PENALTY.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 41-1-70 of the 1976 Code, as added by Act 320 of 1986, is amended to read:
"Section 41-1-70. (A) Any An employer who dismisses or demotes an employee because the employee attends a court proceeding at a prosecutor's request or complies with a valid subpoena to testify in a court proceeding or administrative proceeding or to serve on a jury of any a court is:
(1) subject to a civil action in the circuit court for damages caused by the dismissal or demotion; and
(2) guilty of a misdemeanor and, upon conviction, must be fined five thousand dollars or imprisoned not more than two years, or both.
(B) Damages for dismissal are limited to no more than one year's salary or fifty-two weeks of wages based on a forty-hour week in the amount the employee was receiving at the time of receipt of the subpoena.
(C) Damages for demotion are limited to the difference for one year between the salary or wages based on a forty-hour week which the employee received before the demotion and the amount he receives after the demotion."
SECTION 2. Section 41-1-80 of the 1976 Code, as added by Act 451 of 1986, is amended read:
"Section 41-1-80. (A) No An employer may not discharge or demote any an employee because the employee has instituted or caused to be instituted, in good faith, any proceeding under the South Carolina Workers' Compensation Law (Title 42 of the 1976 Code), or has testified or is about to testify in any such proceeding.
(B) Any An employer who violates any a provision of this section is:
(1) liable in a civil action for lost wages suffered by an employee as a result of the violation, and an employee discharged or demoted in violation of this section is entitled to be reinstated to his former position, provided, the burden of proof is upon the employee; and
(2) guilty of a misdemeanor and, upon conviction, must be fined five thousand dollars or imprisoned not more than two years, or both.
(C) Any An employer shall have has as an affirmative defense to this section the following: wilful or habitual tardiness or absence from work;, being disorderly or intoxicated while at work;, destruction of any of the employer's property;, failure to meet established employer work standards;, malingering;, embezzlement or larceny of the employer's property;, and violating a specific written company policy for which the action is a stated remedy of the violation.
(D) The failure of an employer to continue to employ, either in employment or at the employee's previous level of employment, an employee who receives compensation for total permanent disability, is in no manner to may not be considered a violation of this section.
(E) The statute of limitations for actions under this section is one year."
SECTION 3. The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.
SECTION 4. If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.
SECTION 5. This act takes effect upon approval by the Governor.
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