South Carolina Office of Immigrant Worker Compliance

Audits

South Carolina Industries Subject to Audit in Fiscal Year 2011 to Determine Compliance with the “Illegal Aliens and Private Employment” Law

South Carolina Code of Laws, Section 41-8-130 (B), requires the Director of the South Carolina Department of Labor, Licensing and Regulation to develop a statewide random auditing program to inspect private employers for compliance with the provisions of the “Illegal Aliens and Private Employment” chapter of the South Carolina Illegal Immigration Reform Act.

The Department of LLR will select employers for audit using a neutral selection process. The Department will use existing data sets (either state or federal as available) to identify industries or individual workplaces with immigrant employees and shall concentrate audits in these industries and workplaces.

The North American Industry Classification System is a system for classifying business establishments. Adopted in 1997 to replace the old Standard Industrial Classification (SIC) system, NAICS is the industry classification system used by the Department of Labor, Licensing and Regulation.

Each year, the Department will establish a list of workplaces suitable for audit and will notify all industries on the list through the agency’s web site that they have been identified as suitable for audit during that year.

During fiscal year 2011 (July 1, 2010 through June 30, 2011), the Department of LLR will conduct random audits of workplaces primarily in the industries listed below. The Department will also conduct random audits of the general employer population.  Employers who employ one or more employees will be audited during this period.

NAICS Sectors
11        Agriculture, Forestry, Fishing and Hunting
23        Construction
31-33   Manufacturing
42        Wholesale Trade
44-45   Retail Trade
48-49   Transportation and Warehousing
51        Information
53        Real Estate and Rental and Leasing
56        Administrative and Support and Waste Management and Remediation Services
62        Health Care and Social Assistance
71        Arts, Entertainment, and Recreation
72        Accommodation and Food Services
81        Other Services (except Public Administration)