Employment and Labor Laws

South Carolina

South Carolina Wage Payment Laws


Frequency of Wage Payments

South Carolina does not have any laws dictating when or how frequently an employer must pay employees their wages.


Manner of Wage Payments

An employer may pay wages by:

  • cash,
  • check, or
  • direct deposit.

SC Statute 41-10-40


Direct Deposit

An employer may pay an employee by direct deposit, so long as the bank does business in South Carolina, the bank is insured by a federal agency, and the employee is entitled to at minimum one (1) withdrawal per month from the account without having to pay a fee. SC Statute 41-10-40


Payroll Card

South Carolina labor laws do not specifically permit employers to pay employees by payroll card.


Payment upon Separation from Employment

Employees who are fired, discharged, terminated, or laid off

An employer must pay an employee who is discharged from employment, no matter the reason, all wages due within 48 hours of the separation or the next regular payday which may not exceed thirty (30) days. SC Statute 41-10-50

Employees who quit or resign

South Carolina does not have a law specifically addressing the payment of wages to an employee who quits. However, to ensure compliance with known laws, an employer should pay employee all wages due no later than the regular pay day for the pay period, not to exceed thirty (30) days, during which the separation from employment occurred. SC Statute 41-10-50

Employees who are suspended or resigns due to a labor dispute (strike)

South Carolina does not have a law specifically addressing the payment of wages to an employee who leaves employment due to a labor dispute. However, to ensure compliance with known laws, an employer should pay employee all wages due no later than the regular pay day for the pay period, not to exceed thirty (30) days, during which the separation from employment occurred. SC Statute 41-10-50


Wages in Dispute

In case of a wages dispute, an employer must pay an employee all uncontested wages and provide the employee a written statement of the wages conceded to be due. SC Statute 41-10-60


Deductions from Wages

An employer may not withhold, deduct, or divert any portion of an employee’s wages unless:

  • permitted by state or federal law, or
  • the employer has given the employee written notice of the withholding or deduction at the time of hire, or
  • the employer has given the employee at least seven (7) days written notice of the withholding or deduction.

SC Statute 41-10-40

An employer must comply with the above requirements before deduction wages for :

  • shortages,
  • damages,
  • rent,
  • uniforms,
  • tools, or
  • any other necessary item.

Uniforms, Tools, and Other Equipment Necessary for Employment

South Carolina does not have any laws prohibiting an employer from requiring an employee to purchase a uniform, tools, or other items necessary for employment.


Pre-hire Medical, Physical, or Drug Tests

South Carolina does not have any laws prohibiting an employer from requiring an applicant or employee to pay the cost of a medical examination or the cost of furnishing any records required by the employer as a condition of employment.


Notice of Wage Reduction

An employer must provide an employee seven (7) days notice in writing of any wage reduction. SC Statute 41-10-30


Statement of Wages (Pay Stub)

An employer must furnish each employee an itemized statement showing their gross pay and deduction for each pay period. SC Statute 41-10-30


Record Keeping Requirements

An employer must retain the names, addresses, wages paid each payday, and deductions of each employee for three (3) years. SC Statute 41-10-30


Notice Requirements

An employer must notify each employee in writing at the time of hire of:

  • their normal hours,
  • wages agreed upon,
  • the time and place of payment, and
  • the deductions that will be made from the wages, including payments to insurance programs.

An employer can satisfy this notification requirement by posting the terms conspicuously at or neat the employee’s place of work. An employer must provide an employee at least seven (7) days notice of any changes in the above listed terms, except for wage increases. SC Statute 41-10-30


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.