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Administrative Law Court
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SC Administrative Law Court Decisions

CAPTION:
SCDLLR vs. Headspring Farms

AGENCY:
South Carolina Department of Labor, Licensing and Regulation

PARTIES:
Petitioners:
South Carolina Department of Labor, Licensing and Regulation, Division of Labor

Respondents:
Headspring Farms
 
DOCKET NUMBER:
94-ALJ-11-0190-CC

APPEARANCES:
Sharon Dantzler, Esq. for Petitioner

Henry L. Parr, Pro Se for Respondent
 

ORDERS:

ORDER AND DECISION

This matter comes before the Administrative Law Judge Division on a citation issued by the Department of Labor, Licensing and Regulations (Department) for an alleged violation of the payment of wages statute contained in Chapter 10, Title 41. A hearing was conducted on August 31, 1994. Based upon the testimony and evidence presented, I make the following:

FINDINGS OF FACT

1. Gregory Scoville was employed by Headspring Farms, a diary farm located in Newberry, South Carolina, beginning November 22, 1993.

2. At the time of his employment, he signed a written employment agreement stating he would be paid $1200 a month for working ten hours a day, six days a week. If he worked in excess of these hours he would be paid at a rate of $6.00 an hour for each extra hour. The agreement also provides various options and benefits available to the employee and that deductions would be made for these selected.

3. Payday is the Saturday on or before the 12th of the month following the month in the labor was performed.

4. Scoville lived in a house on the farm provided by Headspring, but he paid rent and utilities.

5. In mid-February, 1994, Scoville informed Calhoun Parr, the Assistant Manager, that he would not be able to continue to work at the farm and would be leaving. Parr reminded him of the two month's notice requirement and asked if Scoville would stay the full two months. Scoville's reply was that he intended to leave as soon as other employment was available. Scoville worked until the end of February and then moved off the farm.

6. On March 18, 1994, Scoville made a complaint to the Department about not receiving his wages and an investigation was begun.

7. Headspring claimed a set-off against the wages for March rent, utilities, deductions for being late to work, and deductions for the 60 day notice period. The Department allowed the deductions for all except the 60 day notice period. Based upon the Department's calculations Headspring owed Scoville $765.69.

8. The written agreement between Scoville and Headspring states that the agreement may be terminated by either party on two months written notice unless otherwise mutually agreed to by the parties. There is no provision for assessing a penalty for failure to provide notice as required.

9. After leaving the farm, Scoville contacted Henry Parr, the owner, because he wanted to pick up copies of his deductions to determine why he did not get paid. He was told by an assistant to set up a time to discuss the matter with Parr. Scoville indicated that Parr would have to come to him to discuss the matter. Parr never contacted Scoville and Scoville did not set up a time to meet with Parr.

CONCLUSIONS OF LAW

1. The Administrative Law Judge Division is vested with power to hear protested administrative matters pursuant to S.C. Code Ann. Section 1-23-600(E) (Supp. 1993).

2. Chapter 10, Title 41 is applicable to all employees in South Carolina except employees of domestic labor in private homes and employers employing less than five (5) employees at all times during the preceding twelve (12) months. S.C. Code of Laws, 1976, § 41-10-20.

3. Employers must give written notice at the time of hiring of the normal hours and wages agreed upon. This notice includes the time and place of payment and any deductions from wages. Any increase in wages are exempt from the notice provisions. S.C. Code of Laws, 1976, § 41-10-30(A).

4. No employer may withhold or divert any portion of an employees pay unless required or permitted by state or federal law. Employers are required to pay all wages due at the time and place designated. Section 41-10-40, S.C. Code of Laws, 1976.

5. In case of a dispute over wages, the employer must give written notice to the employee of the amount of wages which he concedes to be due and pay that amount without condition. Section 41-10-60, S.C. Code of Laws, 1976.

6. The burden was on Headspring to notify Scoville on the March payday the exact amount of the deductions made to his wages. Headspring failed to do so. Instead it imposed upon Scoville the requirement to come and settle the account. This is clearly in contravention of the statute. Headspring is allowed to deduct the rent, utilities and penalty for reporting late to work because Scoville had been provided notice of these deductions; however, it should not have assessed a penalty for failing to give the 60 days' notice. It knew that Scoville would leave before the 60 day period expired and he would not be at work during the entire time period. It was not proper to assess the posted 5 hour penalty for failing to appear at work during the remainder of the sixty day period.

7. Headspring's allegations regarding the character of Scoville and his intentions are not a proper issue in determining whether wages are due and payable pursuant to the statute.

ORDER

Based upon for foregoing Findings of Fact and Conclusions of Law, Headspring Farms failed to pay wages to Gregg Scoville pursuant to Section 41-10-40 and it is therefore,

ORDERED, that the citation issued by the Department of Labor, Licensing and Regulation is AFFIRMED. Headspring Farms shall pay the fine of $75.00 within thirty days of the date of this Order.

AND IT IS SO ORDERED.



__________________________________

ALISON RENEE LEE

Administrative Law Judge

October ____, 1994

Columbia, South Carolina


Brown Bldg.

 

 

 

 

 

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