01SC is one of 5 states with no state minimum wage law
South Carolina has no state minimum wage law. Federal Fair Labor Standards Act (FLSA) controls — $7.25/hr unchanged since July 24, 2009. The state has not enacted its own minimum wage statute, despite multiple legislative proposals over the years. Bills proposing rates from $10.10 to $17.00 with various implementation schedules and CPI-indexing provisions have been introduced; none have advanced beyond committee.
S.C. Code § 6-1-130 preempts local minimum wage ordinances. Counties and municipalities are explicitly prohibited from establishing minimum wage rates exceeding the federal rate. The preemption framework is structurally similar to PA, NC, GA, OH, IN — but more direct in its statutory language. No South Carolina city has enacted a local minimum wage ordinance.
Tipped workers earn $2.13/hr cash + up to $5.12 tip credit ($7.25 - $2.13), with total compensation including tips required to reach $7.25. Workers earning more than $30/month in tips qualify as tipped employees (federal threshold). South Carolina follows federal tip credit framework with no state-specific 80/20 rule.
Federal $684/week ($35,568/year) exempt threshold applies. South Carolina does not set a higher state-specific exempt threshold. The DOL's attempted 2024 increase to $1,128/week was vacated by the Eastern District of Texas in November 2024, leaving the federal $684 in place. SC tracks federal exempt classifications and duties tests under FLSA.
Coverage exemptions: SC follows federal FLSA exemptions (executive, administrative, professional, computer, outside sales, highly compensated employee). Plus narrow state-specific carve-outs for the SC Payment of Wages Act (under 5 employee small employer exemption). The SC Department of Labor, Licensing and Regulation administers SC wage payment laws but minimum wage matters fall under federal jurisdiction.
Read the full South Carolina federal floor + no state minimum wage guide →
02S.C. Code § 41-10 — at-hire notice, treble damages, 3-year SOL
South Carolina Payment of Wages Act under S.C. Code §§ 41-10-10 to 41-10-110 establishes the state's foundational wage payment framework. Coverage under § 41-10-20: applies to all employers in South Carolina EXCEPT (1) federal government or agencies; (2) employers employing fewer than five employees at all times during the preceding twelve months. The 5-employee threshold reaches small employers federal FLSA might not.
Wages broadly defined under § 41-10-10(2): 'all amounts at which labor rendered is recompensed, whether the amount is fixed or ascertained on a time, task, piece, or commission basis, or other method of calculating the amount and includes vacation, holiday, and sick leave payments which are due to an employee under any employer policy or employment contract.' Pension and profit sharing plan contributions are NOT wages under PWA.
At-hire written notice (§ 41-10-30): 'Every employer shall notify each employee in writing at the time of hiring of the normal hours and wages agreed upon, the time and place of payment, and the deductions which will be made from the wages, including payments to insurance programs.' Posting alternative permitted: employer may post terms conspicuously at or near the place of work. Changes require 7 calendar days' written notice (does not apply to wage increases).
Treble damages framework (§ 41-10-80): 'In case of any failure to pay wages due to an employee, the employee may recover in a civil action an amount equal to three times the full amount of the unpaid wages, plus costs and reasonable attorney's fees.' The treble damages apply to WILLFUL violations. Good-faith dispute may defeat trebling but employer must establish good faith documentation.
Statute of limitations: 3 years from the date wages became due under § 41-10-80. Federal FLSA: 2 years (3 years for willful). Plaintiffs typically pair PWA claims (state, 3-year, treble damages) with FLSA claims (federal, 2-3 year, double damages) to maximize recovery. Class action exposure when patterns affect multiple workers — SC courts have certified wage classes routinely. Final pay within 48 hours or next payday under § 41-10-50, not exceeding 30 days.
Read the full South Carolina sc payment of wages act + treble damages guide →
03South Carolina has no state overtime statute — pure FLSA reliance
South Carolina has no state overtime statute. Federal FLSA (29 USC § 207) controls: 1.5× regular rate for hours worked over 40 in a workweek for non-exempt workers. South Carolina tracks federal exemptions, federal regular rate calculation, and federal SOL framework.
SC Payment of Wages Act parallel track: workers may pursue OT claims under PWA (S.C. Code § 41-10) when overtime was agreed upon as a term of employment. PWA's 3-year SOL provides longer reach-back than FLSA's standard 2-year. PWA's treble damages on willful violations provide stronger recovery than FLSA's standard double damages. The PWA track requires that overtime be a term of employment (vs FLSA which mandates OT regardless of agreement).
Federal regular rate calculation under 29 CFR Part 778 controls. All compensation components must be included: hourly wages, nondiscretionary bonuses, shift differentials, commissions, certain piecework. Failing to include nondiscretionary bonuses in regular rate is a common employer mistake.
FLSA exemptions apply: executive, administrative, professional (with $684/week salary basis + duties test); computer professionals (with $684/week salary or $27.63/hour hourly basis); outside sales; highly compensated employees ($107,432/year, primarily performing exempt duties). South Carolina follows federal exemption analysis without state-specific modifications.
Specific FLSA carve-outs relevant to SC sectors: agricultural workers (limited OT coverage); seasonal amusement workers (full OT exemption if establishment operates ≤7 months/year or 6-month receipts test — relevant for SC's coastal tourism); specific transportation workers (motor carrier exemption under 13(b)(1)); specific commission-paid workers (7(i) exemption for retail and service establishments). H. 4751 (introduced January 2026) would create state daily OT trigger after 8 hours; bill has not been enacted.
Read the full South Carolina federal flsa overtime (no state ot) guide →
04S.C. Code § 41-10-30 — wages, hours, payday, deductions documented at hire
S.C. Code § 41-10-30(A) establishes the at-hire written notice requirement: 'Every employer shall notify each employee in writing at the time of hiring of the normal hours and wages agreed upon, the time and place of payment, and the deductions which will be made from the wages, including payments to insurance programs.' The 'including payments to insurance programs' language extends notice to voluntary deductions like health insurance premiums.
Posting alternative under § 41-10-30(A): 'The employer has the option of giving written notification by posting the terms conspicuously at or near the place of work.' Posting satisfies the notice requirement. Most employers combine: individual offer letter or hire packet detailing the worker-specific terms PLUS workplace posting for general reference and visible compliance.
7-day change rule: 'Any changes in these terms must be made in writing at least seven calendar days before they become effective. This section does not apply to wage increases.' The 7-day notice covers: wage decreases; deduction changes (new voluntary deductions, increased premium amounts, modified schedules); payday changes; schedule pattern changes affecting normal hours. Wage increases are exempt from the 7-day rule (no notice required for increases).
Recordkeeping under § 41-10-30(B): 'Every employer shall keep records of names and addresses of all employees and of wages paid each payday and deductions made for three years.' The 3-year retention requirement aligns with PWA's 3-year SOL — records must be maintained for the full SOL window plus reasonable buffer.
Wage statement disclosure under § 41-10-30(C): 'Every employer shall furnish each employee with an itemized statement showing his gross pay and the deductions made from his wages for each pay period.' Wage statements must be issued at each payday. Electronic wage statements permitted. Failure to issue compliant wage statements is independently actionable under PWA.
Read the full South Carolina at-hire written notice + 7-day change rule guide →
0515+ employee employers; at-hire notice + 120-day notice for existing workers
South Carolina Pregnancy Accommodations Act under S.C. Code § 1-13-10 et seq. (effective May 17, 2018) requires Tennessee employers with 15 or more employees to provide reasonable accommodations for medical needs arising from pregnancy, childbirth, or related medical conditions. The 15-employee threshold matches federal Title VII coverage.
Dual notice framework under PAA: (1) At-hire notice: written notice of PAA rights provided to each new hire at the time of hiring. (2) 120-day notice for existing employees: written notice provided to existing employees within 120 days of the employer becoming covered (typically when employer reaches 15+ employees, including via acquisitions). (3) Workplace posting: conspicuous workplace posting of PAA rights.
Covered accommodations include: more frequent or longer break periods; provision of seating; limits on lifting; modified work schedules; private and sanitary space (other than a bathroom) for expressing breast milk; a temporary transfer to a less strenuous or hazardous position; closer parking. The accommodations must be reasonable; employers may decline accommodations that pose undue hardship.
Interactive process: employers and workers must engage in interactive process to identify reasonable accommodations. The process is similar to ADA accommodation framework. Documentation should reflect: worker's request (written or verbal); medical provider documentation if requested; employer's analysis of accommodation options; final determination and rationale.
Anti-retaliation: workers cannot be discharged, demoted, denied employment opportunities, or otherwise discriminated against for: (1) requesting accommodations; (2) using accommodations; (3) filing complaints under PAA. Civil remedies available through SC Human Affairs Commission (administrative) or private civil action. Federal Pregnant Workers Fairness Act (effective June 27, 2023) provides similar protections nationwide. SC workers may pursue state and federal claims simultaneously.
Read the full South Carolina sc pregnancy accommodations act + dual notice guide →
06S.C. Code § 41-10-50 — flexible window with 30-day cap
S.C. Code § 41-10-50 establishes South Carolina's final pay rule: 'When an employer separates an employee from the payroll for any reason, the employer shall pay all wages due to the employee within forty-eight hours of the time of separation or the next regular payday which may not exceed thirty days.' The rule applies regardless of separation cause.
Three-tier timing structure: (1) Within 48 hours: earliest deadline option, used when next payday would otherwise exceed 30 days. (2) Next regular payday: standard option for separations occurring within 30 days of the next payday. (3) 30-day cap: hard limit — final pay cannot exceed 30 days from separation regardless of payday cycle.
Coverage: 'separates an employee from the payroll for any reason' — includes discharge for cause, resignation with or without notice, layoff, position elimination, retirement, mutual separation. The framework is uniform across all separation types, simplifying multi-state operators' termination workflows.
Wages broadly defined under § 41-10-10(2): includes hourly pay, salary, commissions earned under commission agreement, nondiscretionary bonuses, accrued vacation/holiday/sick leave payments due under employer policy or contract. Excludes pension and profit sharing contributions (specifically excluded by statute).
Late final pay consequences: PWA framework under § 41-10-80 provides treble damages (3× unpaid amount) plus attorney fees on willful violations. The 'willful' standard is fact-specific — pattern violations, ignorance after notice, and systematic noncompliance defeat good-faith defense. Honest disagreement about amount owed may support good-faith defense. Workers may also pursue federal FLSA claims for any underlying minimum wage or OT violations contained in the late pay.
Read the full South Carolina final pay within 48 hours or next payday guide →
07Federal FMLA only; right-to-work state framework
South Carolina has no statewide paid sick leave law. Workers in SC generally rely on: (1) federal FMLA (12 weeks unpaid, job-protected at 50+ employee employers); (2) any voluntary employer-provided PSL or PTO; (3) narrow state-specific unpaid leaves discussed below. A paid sick leave act has been proposed in the SC House but has not passed.
Federal FMLA framework: covers SC employers with 50+ employees within 75 miles. Workers eligible after 12 months of employment and 1,250 hours worked in the preceding 12 months. Up to 12 weeks of unpaid, job-protected leave per 12-month period for: birth/bonding with new child; care for spouse, child, or parent with serious health condition; worker's own serious health condition; qualifying military exigency. Up to 26 weeks for caring for covered service member with serious injury or illness.
South Carolina-specific unpaid leaves: Jury Duty Leave: workers cannot be discharged or required to use PTO for jury service under S.C. Code § 41-1-70. Voting Leave: limited statutory protection; most employers provide reasonable time off voluntarily. Military Leave: covered under federal USERRA for private sector; state-specific protections for SC National Guard members.
Right-to-work state framework: South Carolina is a right-to-work state under S.C. Code § 41-7-30. Workers cannot be required to join a union or pay union dues as a condition of employment. Multi-state operators expanding to SC from union-active states (NY, NJ, MI, IL) face different organizing dynamics; collective bargaining agreements may not include compulsory membership clauses.
PFML legislation has been introduced in the SC General Assembly multiple times since 2020. Bills have not advanced. Given current political alignment and right-to-work framework, PFML enactment in SC is unlikely in the 2026-2027 timeframe. Operators should not anticipate state PFML in near-term planning. Voluntary employer-provided PFML through private insurance or self-funded programs remains the only structured paid leave option for SC employers. Note: SC PWA covers vacation, holiday, and sick leave payments due under employer policy — these become enforceable as wages once policy commits to payout.
Read the full South Carolina no state psl, no state pfml guide →
0815+ employee anti-discrimination; multi-factor common law IC test
South Carolina Human Affairs Law under S.C. Code §§ 1-13-10 et seq. is the state's primary employment discrimination statute. Coverage extends to employers with 15 or more employees — matching federal Title VII's threshold. Smaller employers (under 15 employees) are not covered by SC Human Affairs Law for state-level claims, though federal Title VII may still not apply at smaller sizes either.
Protected categories under § 1-13-30: race, religion, color, sex, age (40+), national origin, disability. Notable absences: sexual orientation and gender identity are NOT explicitly protected at the state level. Federal Bostock v. Clayton County (2020) extended Title VII's 'sex' protection to cover sexual orientation and gender identity, which applies in South Carolina regardless of state statute.
Enforcement: South Carolina Human Affairs Commission (SCHAC) investigates complaints, issues findings, and may pursue mediation, conciliation, or administrative hearings. Workers may file with SCHAC within 180 days of the alleged discriminatory act. Under work-share agreements, SCHAC complaints often satisfy parallel EEOC filing requirements (federal Title VII).
IC classification: multi-factor common law test similar to IRS framework under Rev. Rul. 87-41. Behavioral control, financial control, relationship type. No single factor dispositive. More permissive than ABC test states (NJ, MA, CA, MD, CT, NV). SC Department of Employment and Workforce coordinates UI misclassification enforcement; Workers' Compensation Commission coordinates WC misclassification.
Workers' compensation requirement: SC Workers' Compensation Act (S.C. Code § 42-1) requires most employers with 4+ employees to maintain workers' compensation insurance. Coverage threshold lower than the SC Payment of Wages Act's 5-employee threshold. Multi-state operators should configure WC coverage at 4 employees and PWA compliance at 5 employees to ensure proper coverage at each tier.
Read the full South Carolina sc human affairs law + ic test guide →