Employment and Labor Laws

South Carolina

South Carolina Labor Laws: Payment, Overtime, Hours, and Leave


South Carolina Minimum Wage

State law in South Carolina does not establish a minimum wage. This means that the federal rate applies. As of 2021, the federal rate is $7.25 an hour, unless you are a service worker who receives tips. Tipped workers may be paid $2.13.

For more information on South Carolina’s labor laws, visit our South Carolina Minimum Wage Laws page.


South Carolina Overtime

South Carolina labor laws do not control the payment of overtime in the workplace. Federal overtime laws apply, meaning that non-exempt employees are guaranteed one and a half times their hourly pay for time worked in excess of 40 hours in one workweek. The U.S. Department of Labor enforces these policies and hears complaints against employers who are not in compliance. See FLSA: Overtime for more information regarding overtime requirements.


South Carolina Prevailing Wages

South Carolina does not have a state labor law that regulates prevailing wage rates for citizens working on government projects or service contracts.

Under certain circumstances, employers in South Carolina may be required to pay residents rates established by federal prevailing wage rates and rules. The prevailing rates may be different from the federal and state’s standard minimum wage.

Employees may be eligible if they work on government or government-funded construction projects or perform certain public services. See the Davis-Bacon and Related Acts, McNamara-O’Hara Service Contract Act (SCA), and Walsh-Healey Public Contracts Act (PCA) for more information.


South Carolina Meals and Breaks

South Carolina does not have any state labor laws requiring an employer to provide a meal period or breaks to employees. SC Dept. of Labor FAQs. The federal rule does not require an employer to provide either a meal period or breaks. However, if an employer chooses to do so, breaks, usually of the type lasting less than 20 minutes, must be paid. Meal or lunch periods (usually 30 minutes or more) do not need to be paid, so long as the employee is free to do as they wish during the meal or lunch period. DOL: Breaks and Meal Periods.


South Carolina Nursing Mother Breaks

South Carolina labor laws require certain employers to provide nursing mothers with reasonable accommodations, including more frequent or longer break periods to express breast milk. Employers are also required to provide employees with a private place, other than a bathroom stall, to express breast milk. The employer is not required to construct a permanent, dedicated space to qualify as a private place. To be required to provide employees with nursing mother breaks, employers must have fifteen (15) or more employees who work each day in each of twenty (20) or more calendar weeks in the current or preceding calendar year. SC 1-13-30(e); SC 1-13-30(t)


South Carolina Equal Pay

South Carolina does not have specific labor laws regarding equal pay. However, under the federal Equal Pay Act of 1963, two employees of different sexes may not be paid different salaries for the same work, given that they have similar qualifications, experience, and job performance.

Employees who feel they have been discriminated against in the workplace or paid inequally can file a formal complaint. The South Carolina Human Affairs Commission is the state regulatory body that hears formal discrimination complaints against employers. These complaints are passed onto the appropriate federal entity for investigation.


Vacation Leave

Employers in South Carolina are not required to provide paid or unpaid vacation time to their workers. More information about South Carolina vacation leave laws may now be found on our South Carolina Leave Laws page.


Sick Leave

Employers in South Carolina are not required to provide paid or unpaid sick leave to their workers. More information about South Carolina sick leave laws may now be found on our South Carolina Leave Laws page.


Holiday Leave

South Carolina does not require employers to provide paid or unpaid holiday leave to employees. More information about South Carolina holiday leave laws may now be found on our South Carolina Leave Laws page.


Jury Duty Leave

Employers in South Carolina are not required to pay workers for time spent on jury duty, but they may not punish or dismiss workers for serving their jury duties. More information about South Carolina jury duty leave laws may now be found on our South Carolina Leave Laws page.


Voting Leave

South Carolina does not require employers to provide paid or unpaid time off for employees to vote in elections. More information about South Carolina voting leave laws may now be found on our South Carolina Leave Laws page.


Severance Pay

South Carolina labor laws do not require employers to provide employees with severance pay. If an employer chooses to provide severance benefits, it must comply with the terms of its established policy or employment contract.


Unemployment

Under certain circumstances, South Carolina residents may be eligible for unemployment benefits while they search for another job. You are required to certify that you are unemployed on a weekly basis to receive these benefits. See South Carolina State Unemployment Benefits.


Employment Law Updates

Laws change in a moment.

Sign up to stay informed.

Visiting on behalf of:

Have employees in more than one state? SUBSCRIBE HERE!

THANK YOU FOR SUBSCRIBING!

Please visit your email to confirm your subscription so you can start receiving employment law updates.

Employment Law Updates

Laws change in a moment.

Sign up to stay informed.

Visiting on behalf of:

Have employees in more than one state? SUBSCRIBE HERE!

THANK YOU FOR SUBSCRIBING!

Please visit your email to confirm your subscription so you can start receiving employment law updates.