Current through Register Vol. 48, No. 11, November 22, 2024
Section 47-1 - Cash value of Certain RemunerationsA. The South Carolina unemployment Law, provides in Section 41-27-380, that "Wages means all remuneration paid for personal services, including commissions and bonuses and the cash value of all the remuneration paid in any medium other than cash ... The reasonable cash value of remuneration paid in any medium other than cash ... shall be estimated and determined in accordance with rules prescribed by the Department."B. The Department accordingly prescribes that:1. If board, lodging, bartered services, or any other payment in kind considered as payment for services performed by a worker, is in addition to or in lieu of (rather than a deduction from) money or wages, the Department shall determine or approve the cash value of such payment in kind, and the employer shall use these cash values in computing contributions due under the law.2. Where cash value of board and lodging furnished a worker is agreed upon in the contract of hire the amount so agreed upon shall, if more than the rate prescribed herein, be deemed to be the value of such board and lodging, subject to review by the Department. Until and unless in a given case the rate for board and lodging is determined by the Department, board and lodging furnished in addition to and in lieu of money wages shall be deemed as follows:a. Meal rates as established by the Budget and Control Board.b. Lodging rates as determined reasonable by the Department.3. The cash value of bartered services shall be determined by the applicable prevailing wage published by the United States Department of Labor, state government entities, employment and trade publications, as deemed appropriate by the Department.4. In the absence of employer records the Department may use prevailing wage information published by the United States Department of Labor, state government entities, employment and trade publications, and similar sources to determine the monetary value of services performed by a worker.Amended by State Register Volume 24, Issue No. 5, eff May 26, 2000; State Register Volume 35, Issue No. 6, eff June 24, 2011.