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Wage and hour law covers the rules and regulations that determine how much employees must be paid, how and when they are paid, and how many hours they can be expected to work. In South Carolina, these laws are primarily governed by federal standards set by the Fair Labor Standards Act (FLSA), as the state does not have many unique wage and hour statutes. However, South Carolina workers and employers should know about the specific requirements regarding minimum wage, overtime, breaks, and wage payment practices as they apply in the state. Understanding these rules can protect workers’ rights and help businesses comply with legal obligations.
Legal help may be necessary in wage and hour matters for a variety of reasons. Common situations include unpaid overtime, wage theft, misclassification of employees as independent contractors, disputes over final paychecks, lack of legally required breaks, or deductions from pay that seem improper. Sometimes employers may not follow minimum wage laws or may retaliate against employees who file wage complaints. If you are facing any of these issues, or if you are an employer trying to ensure compliance and avoid costly lawsuits or penalties, consulting with a lawyer who understands wage and hour law can be critical to protecting your rights and interests.
South Carolina does not have a state-specific minimum wage law, so the federal minimum wage applies. As of 2024, this means most employees must be paid at least $7.25 per hour. South Carolina also follows federal law regarding overtime, which generally requires that non-exempt employees receive one-and-one-half times their regular pay for hours worked over 40 in a workweek. The state does not require meal or rest breaks, so unless an employer provides them voluntarily, only minors must receive certain breaks under federal law. Wage payment laws require employers to pay employees on time, provide written notice of pay rates and deductions, and keep certain wage records. If an employer fails to pay wages as agreed, employees can file a claim with the South Carolina Department of Labor, Licensing & Regulation.
South Carolina follows the federal minimum wage, which is currently $7.25 per hour. There is no state-level minimum wage.
Most non-exempt employees in South Carolina are entitled to overtime pay at a rate of one-and-one-half times their regular wage for any hours worked over 40 in a workweek, as required by federal law.
South Carolina law does not require employers to provide meal or rest breaks for employees age 18 or older. Breaks for minors may apply under federal law.
Employees in South Carolina must be paid at least once a month, unless otherwise agreed. If your employer is not paying you on time, you can file a wage complaint with the South Carolina Department of Labor, Licensing & Regulation.
Deductions may be made only as allowed by law or with the employee’s written consent. Common legal deductions include taxes, Social Security, and agreed upon items like insurance premiums.
If you are a non-exempt employee, you should generally receive overtime pay for hours worked over 40 in a week. Certain employees are exempt from overtime under the FLSA.
Wage theft occurs when an employer fails to pay all wages earned, including for hours worked, overtime, or the minimum wage. It can also include illegal deductions or withholding of pay.
Most wage and hour laws, including minimum wage and overtime, apply to employees but not to independent contractors. However, misclassification of workers as contractors when they are actually employees is a common legal issue.
You can file a wage complaint with the South Carolina Department of Labor, Licensing & Regulation. If your claim involves federal wage laws, you may also contact the U.S. Department of Labor Wage and Hour Division.
It is illegal for employers to retaliate against employees for filing a wage complaint or inquiring about wage and hour rights. If retaliation occurs, you may have legal recourse.
- South Carolina Department of Labor, Licensing & Regulation - Labor Division
- U.S. Department of Labor Wage and Hour Division
- Legal Aid organizations such as South Carolina Legal Services
- The South Carolina Bar Lawyer Referral Service
- Workplace Fairness and similar advocacy groups
If you believe your wage and hour rights have been violated or you are unsure about your rights and obligations, you should consider taking the following actions: gather any pay stubs, employment agreements, schedules, and communication with your employer regarding pay or work hours. Reach out to the South Carolina Department of Labor, Licensing & Regulation to file a complaint or seek guidance. For more complex or disputed issues, or if you face retaliation, contact a lawyer experienced with wage and hour law in South Carolina. Legal professionals can help protect your rights, negotiate with employers, advise on claims, or represent you in court if necessary.
