What are the laws governing the hiring of foreign workers?
In South Carolina, like other states across the US, employers of foreign workers must comply with both federal and state labor laws. The US Department of Labor (DOL) oversees labor laws that affect foreign workers, which are aimed at protecting the rights of workers and preventing discrimination in the workplace. In South Carolina, foreign workers are protected by the Immigration Reform and Control Act (IRCA), which is a federal law. The IRCA prohibits employers from discriminating against potential employees on the basis of their national origin and requires employers to verify the employment eligibility of all new hires. Employers must review and retain a copy of an employee’s documentation before the employee is allowed to start work. Additionally, the SC Human Affairs Law (SCHAL) protects foreign workers in the state from discrimination based on their national origin. The SCHAL applies to employers with 15 or more employees and requires employers to provide equal access to employment opportunities regardless of national origin. Finally, foreign workers in South Carolina are also protected under the Fair Labor Standards Act (FLSA), which applies to employers regardless of their size. The FLSA establishes minimum wage and overtime requirements and prohibits employers from exploiting workers. In summary, employers in South Carolina must comply with the IRCA, SCHAL, and the FLSA when hiring foreign workers. These labor laws ensure that foreign workers are treated fairly and their rights are protected.
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