Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance specific to your situation.
Detailed Answer
When you file a lost wage or unpaid wage claim in South Carolina under the Payment of Wages Act, you must use your employer’s legal entity name rather than only the trade (d/b/a) name. Accurate naming ensures the South Carolina Department of Labor, Licensing and Regulation (LLR) Division of Labor can process your claim without delay. Here’s how to address discrepancies between a d/b/a and the legal name:
- Review Your Documents. Examine your pay stubs, employment agreement, W-2 or 1099. These documents often list the employer’s legal name—such as ABC Holdings, Inc.—and may note the d/b/a (e.g., “ABC Holdings, Inc. d/b/a FastTrack Delivery”).
- Search the South Carolina Secretary of State Records. Visit the Business Entities Search at businessfilings.sc.gov. Enter the trade name to find the registered legal name, entity type (LLC, corporation, partnership) and status.
- Identify the Correct Entity. Confirm the exact spelling, entity suffix (LLC, Inc., etc.), and registration number. This information prevents misidentification if multiple businesses share similar trade names.
- Complete the Claim Form Properly. Use the LLR’s Wage Claim Form (LLR Form 1355) at llr.sc.gov. In the employer section, enter the legal name you confirmed. In an adjacent field or cover letter, note the d/b/a for clarity (e.g., “Legal Name: ABC Holdings, Inc.; d/b/a FastTrack Delivery”).
- Cite the Applicable Statute. Under South Carolina Code Ann. § 41-10-80, you must file a claim for unpaid wages within two years of the last wage payment. For definitions of “employer” and “wages,” refer to § 41-10-10.
• SC Code § 41-10-10 (Definitions): scstatehouse.gov/code/t41c010.php#41-10-10
• SC Code § 41-10-80 (Claim Procedures): scstatehouse.gov/code/t41c010.php#41-10-80 - Attach Supporting Evidence. Include your pay stubs, employment agreement, job postings showing the trade name, and any correspondence referring to the d/b/a. This documentation helps the Division of Labor link the trade name to the legal entity.
- Follow Up Promptly. After submission, track your claim by contacting LLR at (803) 896-4300 or using their online portal. Provide the legal name and any reference numbers assigned to your claim.
Helpful Hints
- Always verify the business’s legal name through the Secretary of State to avoid misfiling.
- Keep copies of all documents you submit, including cover letters explaining d/b/a usage.
- Note submission dates and deadlines—unpaid wage claims must be filed within two years of the last paycheck (SC Code § 41-10-80).
- If the business recently changed its d/b/a or entity type, check for amendments in the Secretary of State record.
- When in doubt, call the LLR Division of Labor for guidance on form completion and naming conventions.