Employers should adhere to their company policies. Vacation pay due to an employee under a policy or employment contract is considered wages and must be paid upon termination.
South Carolina Labor Laws
South Carolina Minimum Wage
South Carolina does not have its own minimum wage law, so the federal minimum wage of $7.25 per hour applies to all employers in the state.
South Carolina Labor Law Posters
Simplify labor law compliance and make workplace policies visible with J. J. Keller state and federal labor law posters.
History of South Carolina Labor Laws
The minimum wage rate in South Carolina is tied to the federal rate, which has increased over the years. For instance, it was $7.25 per hour in 2020, $5.15 per hour in 2000, and $3.10 per hour in 1980.
Municipality Minimum Wage Laws
Since 2002, local governments in South Carolina have been prohibited from requiring private employers to pay wages higher than the federal and state minimum wage laws.
South Carolina Minimum Wage Exemptions
Employers should adhere to federal rules under the Fair Labor Standards Act (FLSA) regarding exemptions from minimum wage requirements. These exemptions include:
- Executive, administrative, and professional employees
- Outside sales employees
- Employees in certain computer-related occupations
- Employees of certain seasonal amusement or recreational establishments
- Certain farm workers
- Casual babysitters
- Individuals employed as companions to the elderly or infirm
South Carolina Posting Requirements
Required posters:
- Labor Law Abstract (Payment of Wages)
- Fair Employment
- OSHA Notice
- Worker Right to Know
- Unemployment Insurance
- Workers' Compensation
Tipped Wage in South Carolina
In South Carolina, employers are allowed to pay tipped employees the federal minimum wage of $2.13 per hour. However, the total of this wage plus tips must reach at least $7.25 per hour. If it falls short, employers are required to cover the difference.
Overtime Wage in South Carolina
When an employee works more than 40 hours in a workweek, they must be compensated at an overtime rate, which is time-and-a-half their regular pay rate, for the additional hours.
However, certain employees are exempt from the overtime requirements of the Fair Labor Standards Act (FLSA) and do not need to be paid overtime in South Carolina. These exempt workers include:
- Executive, administrative, and professional employees
- Outside sales employees and those in specific computer-related occupations
- Employees of certain seasonal amusement or recreational establishments
- Certain farm workers
- Casual babysitters and companions to the elderly or infirm
- Certain commissioned employees of retail establishments, auto and other sales workers, and certain parts clerks and mechanics
- Taxi drivers and some other transportation industry employees
- Announcers, news editors, and chief engineers of certain non-metropolitan broadcasting systems
- Domestic service workers living in the employer’s residence
- Employees of motion picture theaters
- Farm workers
Child Labor Laws in South Carolina
Minors aged 14 or 15 are restricted from working:
- During school hours
- Before 7 a.m. or after 7 p.m. (extended to 9 p.m. during the summer break of their school district)
- More than 18 hours in a school week
- More than 3 hours on a school day
- More than 40 hours in a non-school week
- More than 8 hours on a non-school day
Employer Recordkeeping Requirements in South Carolina
In South Carolina, employers are required to maintain wage records for three years. Additionally, each pay period, they must provide employees with an itemized statement that includes:
- Gross pay
- All deductions made
According to federal law, employers must keep the following records for at least three years:
- Employee’s full name and Social Security number
- Address, including zip code
- Birth date, if younger than 19
- Sex and occupation
- Time and day of week when the employee’s workweek begins
- Hours worked each day and total hours worked each workweek
- Basis on which the employee’s wages are paid
- Regular hourly pay rate
- Total daily or weekly straight-time earnings
- Total overtime earnings for the workweek
- All additions to or deductions from the employee’s wages
- Total wages paid each pay period
- Date of payment and the pay period covered by the payment
South Carolina Labor Law Questions & Answers
Yes, small businesses in South Carolina must pay at least $7.25 per hour, as required by the federal Fair Labor Standards Act.
- Minors aged 14 or 15 cannot work more than 3 hours per day on a school day (8 hours on a non-school day) and 18 hours per week during a school week (40 hours during a non-school week).
South Carolina law does not prohibit employers from requiring employees to work overtime. However, employees must be paid time-and-a-half their regular rate of pay for hours worked over 40 in a workweek.
South Carolina law does not require employers to provide rest breaks or meal breaks.
South Carolina Labor Law Posters
Simplify labor law compliance and make workplace policies visible with J. J. Keller state and federal labor law posters.