It’s important to stay up to date on all of the employment laws in your state so that you can maintain compliance in your business. We did some of the hard work for you and put some of the most important South Carolina statutes in one place so you can either learn them for the first time or give yourself a refresher. 

However, remember that our summary is not qualified legal advice, laws are always subject to change, and they can vary from municipality to municipality. 

It’s up to you to make sure you’re compliant with all laws and statutes in your area. Consult with a qualified lawyer and/or your local government agencies if you have questions or concerns. 

Here are a few South Carolina labor laws every small business owner should know.

Resources

First, here are a few helpful links and resources for you to bookmark and refer back to:

Leave

  • Sick Days: Employers are not required to provide paid or unpaid sick leave but must comply with their own established policies if they choose to implement one.
  • Medical Leave: Employers may be required to provide an employee unpaid leave in accordance with the Family and Medical Leave Act or other federal laws.
  • Vacation Leave: Employers are not required to provide paid or unpaid vacation leave but must comply with their own established policies if they choose to implement one.
    • Employers may establish a policy that denies payment for accrued vacation time upon separation from employment.
    • Employers may also cap the amount of vacation time that can be accrued, and can implement a “use-it-or-lose-it” policy that requires employees to use their leave by a certain date.
  • Jury Duty: Employers are not required to pay employees for time spent responding to a jury summons but are not allowed to punish the employee in any way
  • Holiday Leave: Private employers are not required to provide paid or unpaid time off for holidays. 
  • Voting Leave: No statute. 
  • Bereavement Leave: Employers are not required to provide bereavement leave.

Final Paycheck

  • Employees who are terminated or laid off must be paid all final wages within 48 hours of their discharge.
  • There is no statute regarding when an employee who resigns must be paid. 

Minimum Wage

There is no state minimum wage rate in South Carolina, so the federal rate of $7.25 applies. 

Tipped Wages

There is no state tipped minimum wage rate either, so the federal rate of $2.13 applies. 

Child Labor

  • Minors 14 and 15 years of age are subject to the following restrictions:
    • When school is in session:
      • A maximum of 3 hours a day on school days
      • A maximum of 8 hours a day on non-school days
      • A maximum of 18 hours a week during school weeks
      • Between the hours of 7 a.m. and 7 p.m.
      • No working during school hours 
    • When school is not in session
      • A maximum of 8 hours a day 
      • No more than 40 hours a week 
      • Between the hours of 7 a.m. and 9 p.m. from June 1 to Labor Day
  • Minors 16 and 17 years old do not have time restrictions, but may not work in hazardous jobs such as manufacturing, construction, and similar fields. 

Meal and Rest Breaks, Overtime

  • Federal law requires employers to pay non-exempt employees an overtime rate of 1 ½  their regular rate for all hours worked in a workweek in excess of 40. 
  • Federal law does not require employers to provide meal periods or breaks, but if they choose to do so, breaks lasting less than 20 minutes must be paid. 

Employment Discrimination

  • The South Carolina Human Affairs Law makes it illegal for an employer to discriminate on the basis of race, color, national origin, religion, sex, pregnancy, retaliation, age and disability.  It also has a section dealing with discrimination on public accommodations on the basis of race, color, national origin, and religion.
  • Click here to read our blog on what acceptable and unacceptable questions to ask during an interview.       

Termination

South Carolina is an employment-at-will state, which means that without a written employee contract, employees can be terminated for any reason at any time, provided that the reason is not discriminatory and that the employer is not retaliating against the employee for a rightful action. 

Shift Scheduling

There are currently no laws regarding shift scheduling in South Carolina.

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