.png){kind=small}
Chat with us now!
Send Email!
Every business needs to keep a healthy relationship with its employees. Complying with the State of South Carolina Labor Laws protects workers from being treated unfairly, provides fair pay, and emphasises the health and safety of the workplace.
Furthermore, investing in a safe and fair working environment builds trust and creates healthy relationships with your employees.
In South Carolina, employment and labor laws tend to follow the federal laws differ from North Carolina workers’ comp laws, but may not be as stringent or detailed. Each state has unique laws, and businesses need to know the laws in that state so they are compliant and to maintain an effective workforce.
Standard Working Hours & Wages
The standard working hours and wage practices in South Carolina are governed by the FLSA, enforced by the South Carolina Department of Labor, Licensing, and Regulation. South Carolina labor laws work hours require employers to inform employees about the conditions of employment, including working hours, compensation, and benefits. Employers must also maintain complete records for all employees, and the employees must be paid in a timely and correct manner.
Minimum Wages
South Carolina does not have its own state minimum wage law in place, so any and all employees are entitled to the federal minimum wage of $7.25 per hour. South Carolina also follows federal youth wage laws. Under the Fair Labor Standards Act (FLSA), employees under the age of 20 may be paid a youth minimum wage for the first 90 calendar days of employment or until the age of 20, whichever comes first, of $4.25 per hour.
Also, local governments are not permitted to implement their own minimum wage rates in South Carolina, thus applying federal legislation uniformly across the state of South Carolina. Following minimum wage laws and regulations will help you avoid trouble with fines and keep pay practices fair with all employees.
Overtime Wages
South Carolina does not have its own overtime laws, so employers must comply with the federal Fair Labor Standards Act (FLSA). Accordingly, non-exempt employees must receive overtime pay at a rate of 1.5 times their normal hourly rate for all hours worked in excess of 40 hours in a single workweek.
There are certain exempt employees under the federal overtime requirements, including:
- Executive, administrative, and professional employees making at least $684 per week.
- Certain computer professionals and outside sales representatives.
- Certain seasonal or recreational employees who work at amusement or recreational establishments.
Tipped Minimum Wages
Employers in South Carolina follow the same federal regulations on tipped employees. The federal tipped minimum wage is $2.13 per hour and allows the employer to compensate it at that base rate if it takes a tip credit of $5.12 per hour.
So in summary, tipped workers are guaranteed to earn the minimum wage, and can also still apply tips received to their pay.
Meal And Rest Breaks
South Carolina does not have special South Carolina labor laws lunch break rules that require employers to provide meal or rest breaks, and federal regulations under the Fair Labor Standards Act (FLSA) also do not mandate breaks. If an employer provides breaks, they are responsible for following the FLSA requirements. Breaks of less than 20 minutes are considered compensable time, and longer meal periods may or may not be compensable if they fully relieve the employee from duty.
Thus, employers have flexibility in establishing perceived South Carolina labor law break policies that fit their particular workforce while still complying with federal and state laws.
Employee Compensation & Benefits
In South Carolina, employers are not required to provide breaks or lunch periods to their employees. Employers who do allow breaks lasting anywhere from 5 to 20 minutes must pay the employee for that time. Meal periods or breaks that are 30 minutes or longer do not need to be paid unless the employee has to remain at his or her workstation during the break.
According to the South Carolina Pregnancy Accommodations Act of 2018, employers with 15 or more employees must make reasonable accommodations for employees with medical needs that arise from pregnancy, childbirth, or a related medical condition, which includes breastfeeding breaks.
Leave Laws In South Carolina
In South Carolina, there are limitations on South Carolina Labor Laws 2025 that provide unpaid leave, and employers are typically not obligated to offer paid leave. However, eligibility for certain federally protected and state-protected leave may provide eligible employees with the necessary protections:
| Leave Type | Description |
| Family and Medical Leave | The Family and Medical Leave Act (FMLA) mandates that employers with 50 or more employees grant eligible employees up to 12 weeks of unpaid leave per year for a serious health condition, to bond with a newborn or newly adopted child, or to care for a family member with a serious medical condition. |
| Paid Sick Leave | Employers are not required to provide sick leave (paid or unpaid). Employees meeting the criteria for FMLA can be used during an actual long-term illness. |
| Jury Duty Leave | South Carolina labor law does not require employers to provide paid jury duty leave; however, they may not retaliate against an employee for fulfilling jury obligations. |
| Military Leave | The Uniformed Services Employment and Reemployment Rights Act (USERRA) is a federal law that provides employees with the right to military leave and return to the same position. Employees must provide advance written notice to the employer regarding the leave. |
| Bereavement and Voting Leave | The State of South Carolina Labor Laws provide no requirement for bereavement or voting leave. These leave types are generally left to an employer’s policies or contract. |
| Holidays and Vacation Leave | Private employers are not required to give holiday leave. Employers may expect employees to work on public holidays, unless stated otherwise. |
| Pregnancy Disability Leave | There are no South Carolina labor laws regarding pregnancy disability leave. Pregnancy disability employees are entitled to leave under FMLA, which consists of up to 12 weeks of unpaid leave, without loss of job. |
Child Labor Laws
The South Carolina labor laws for minors are based on the Fair Labor Standards Act (FLSA). Minors do not need work permits; however, the employer is responsible for verifying the age of their minor employee and maintaining documentation to support compliance.
In South Carolina, the minimum age for minors to work is 14 years, if the employment is not in agriculture.
Children under 14 years of age shall not work unless they are:
- Acting in a part in the entertainment field.
- Working in a non-hazardous position on a farm (with parental consent).
- Working for a parent in a non-hazardous business.
- Delivering a newspaper (minors of any age can deliver a newspaper).
Minors cannot work in any occupations deemed hazardous as described in the 17 Hazardous Occupations Orders established under the FLSA, which protects the health and safety of workers under the age of 18.
Taxes in South Carolina
South Carolina imposes a graduated rate structure on state individual income tax that ranges between 0% and 6.4%, while the state corporate income tax is 5%. The state sales tax is 6%, averaging about 7.5% when combined with local sales tax about local sales tax.
No More Paystub Headache Now! – Try Stub Creator
The payroll process can create stress, knowing that employees may come to you with requests for proof of income or comments about the accuracy of the method in verifying what their money was paid for. Employers often begin to invest hours making pay stubs each time they are asked for the information, just to be able to return with factual answers.
The free paystub generator completely changes this. To simply pass along a few paystub details would take seconds. However, using a professional paystub generator will also provide assurance of your paystubs being accurate and compliant in your state of business.
Don’t slow down because of payroll paperwork. Start with a simple, fast, and inexpensive way of creating pay stubs online. If you are an employer, freelancer, or small business owner, you have everything to gain from using a pay stub generator to not only stay organized but also appear more professional.
Curious Minds Also Ask
How many hours can you work without a break in South Carolina?
There is no limit to working without a break in South Carolina. However, if you are a minor, you are allowed to take the 20-minute break, which is a paid break.
What are my rights as an employee in South Carolina?
The employee is protected by many federal laws (FLSA, OSHA, and anti-discrimination acts).
What is unfair treatment in the workplace in South Carolina?
Unfair treatment of an employee may include harassment, discrimination, retaliation, or violating the employee’s contract.
What is the WARN Act in South Carolina?
South Carolina follows the federal WARN Act, which states that an employer must give 60 days’ notice of a mass layoff or closure of the facility.
Is it illegal to work on Sundays in South Carolina?
No, it is legal to work on Sundays unless the employer’s policy says otherwise or for accommodations based on religion.
Can I sue for a toxic work environment in South Carolina?
Yes, if the harassment or discrimination causes violations of state or federal laws.
What is the code 41 10 50 in SC?
Code 41 10 50 is a reference to the classification used by South Carolina labor law for reports or tax purposes.
What qualifies for wrongful termination in SC?
An employee may have a wrongful termination claim if the termination was illegal (discrimination, retaliation, or violating the employee’s contract) since SC is an “at will” state.
Can I sue my employer in SC?
If an employer violates federal or state laws, statutes, like wage laws, discrimination, or contract laws, an employee can sue their employer.
How many breaks do you get in an 8-hour shift in South Carolina?
There are no legal requirements for breaks in South Carolina; an employer can implement or offer them based on the employer’s discretion.
What are the odd laws in South Carolina?
Laws that seem out of the ordinary include prohibitions against singing out of tune in public or hunting in certain places on Sundays.
How do I file a complaint against my employer in South Carolina?
You may want to file complaints at a federal level, such as OSHA or EEOC, or the South Carolina Department of Labor.
How many hours is full-time in SC?
Full-time is often thought of as 40 hours per week, but the definition may vary by the employer.
Is a termination letter required in South Carolina?
No, South Carolina is an at-will employment state, so there is no legal requirement to provide a termination letter.
What can a former employer say about you in South Carolina?
Past employers may provide you with factual information, like job title and date of employment; if they provide false information, they could be exposing themselves to liability.
FAQ's
What is the minimum wage in South Carolina in 2025?
+
South Carolina follows the federal minimum wage of $7.25 per hour since the state does not have its own minimum wage law.
Does South Carolina require employers to provide paid sick leave?
+
No, South Carolina does not have a state law requiring paid sick leave. However, employers may provide it voluntarily or through company policy.
What are the overtime rules in South Carolina?
+
South Carolina follows the Fair Labor Standards Act (FLSA), which requires non-exempt employees to be paid 1.5 times their regular rate of pay for hours worked beyond 40 hours per week.
Are employers in South Carolina required to provide meal or rest breaks?
+
No, South Carolina labor laws do not require employers to provide meal or rest breaks. However, if breaks are given and are 20 minutes or less, they must be paid.
