ORDERS:
CONSENT ORDER
Before the hearing of this contested case involving a citation and proposed monetary penalty under
the South Carolina Payment of Wages Act, the parties agreed upon a resolution of this matter settling
all outstanding issues.
By this agreement, Petitioner South Carolina Department of Labor, Licensing and Regulation,
Division of Labor agrees to vacate the citation and proposed penalty in their entirety, such that, inter
alia, they shall not be considered a “first offense” under S.C. Code Ann. § 41-10-80 or any other
provision or application of the South Carolina Payment of Wages Act.
In consideration thereof, Respondent agrees as follows: (1) to pay, within 30 calendar days of the
date of this Order, the amount of $505.68, less any withholding required by law, to Elmer Gordon;
and (2) to make such changes to its annual leave policy and any other applicable policies as may be
necessary and appropriate to clarify under what conditions employees may receive payment for
accrued annual leave upon termination of employment. Said payment and clarification are not, nor
should they be construed as, any admission by Respondent of wrongdoing or liability or of any
violation of the Payment of Wages Act, but are part of a negotiated settlement entered into solely to
spare all concerned the expense and inconvenience of further litigation and to further the legitimate
interests of the parties, Respondent’s employees and the public.
I have reviewed the terms of this agreement and find that it is a just, fair and equitable resolution of
this matter, is consistent with the purposes of the South Carolina Payment of Wages Act and is in the
best interest of the public.
IT IS THEREFORE ORDERED that the agreement between the parties be approved and there
being no outstanding matters to be adjudicated, that this case be dismissed.
AND IT IS SO ORDERED.
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November 16, 2004Marvin F. Kittrell, Chief Judge |
