Employer compliance guide
The South Carolina labor law guide
Your essential guide to South Carolina labor laws. Ensure compliance with minimum wage, overtime, and employee rights regulations.
Contents7 sections
Wages and breaks
South Carolina Minimum Wage
$7.25
There is no state minimum wage rate in South Carolina, so the federal rate of $7.25 applies.
South Carolina Tipped min wage
$2.13
There is no state tipped minimum wage rate either, so the federal rate of $2.13 applies.
South Carolina Overtime
1.5X
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.
The federal overtime rule stipulates that the minimum salary requirement for administrative, professional, and executive exemptions is $684 per week, or $35,568 per year.
South Carolina Meal breaks
None
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.
South Carolina Rest breaks
None
There are no state laws requiring employers to provide rest breaks to employees.
Final paychecks in South Carolina
Employees who are terminated or laid off must be paid all unpaid wages within 48 hours of their discharge.
There is no statute regarding when an employee who resigns must be paid.
South Carolina child labor laws
Minors 14 and 15 years of age
Minors 14 and 15 years of age are subject to the following restrictions:
When school is in session, they may work 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. They may work between the hours of 7 a.m. and 7 p.m. They may not work during school hours.
When school is not in session, they may work a maximum of 8 hours a day, no more than 40 hours a week. They may work between the hours of 7 a.m. and 9 p.m. from June 1 to Labor Day.
Minors 16 and 17 years of age
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.
Leave requirements
Required by this state
5Family and medical leaveRequired
Employers may be required to provide an employee unpaid leave in accordance with the Family and Medical Leave Act or other federal laws.
Jury Duty LeaveRequired
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.
Bone Marrow Donor ActRequired
Employers may provide paid leave to their employees to donate bone marrow.
The employer may require verification by a physician of the purpose and length of leave.
Witness LeaveRequired
Employers cannot discharge or demote an employee for complying with a subpoena.
Military LeaveRequired
Employers must allow their employees who are members of the National Guard to take military leave.
After their service, the employee is entitled to return to their job or a job with similar seniority, status, and pay.
The federal Uniformed Services Employment and Reemployment Rights Act (USERRA) is applicable to all employers in the United States.
No state requirement
5Sick daysNot req.
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. South Carolina currently has a paid sick leave act proposed in the House that has not yet passed.
Bereavement leaveNot req.
Employers are not required to provide bereavement leave.
Vacation timeNot req.
Employers are not required to provide paid or unpaid vacation leave but must comply with their own established policies in their employee handbook 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.
Holiday leaveNot req.
Private employers are not required to provide paid or unpaid time off for holidays.
Voting timeNot req.
South Carolina does not require employers to provide leave for voting.
Hiring and firing
South Carolina Discrimination Laws
Federal law prohibits discrimination based on race, color, religion, sex, national origin, pregnancy, age (40+), disability, and genetic information, with sex discrimination interpreted to include sexual orientation and gender identity.
South Carolina law prohibits discrimination based on race, religion, color, sex, age (40+), national origin, and disability under the South Carolina Human Affairs Law, but does not explicitly include sexual orientation or gender identity. Additional state protections cover pregnancy, childbirth, and lactation under the Pregnancy Accommodations Act, as well as tobacco use outside work and wage garnishment for consumer debt.
Under the Pregnancy Accommodations Act, employers with 15+ employees must provide reasonable accommodations and give written notice of rights at hire, within 120 days for existing employees, and via workplace posting. Employers also may not discriminate against members of the South Carolina National Guard.
Click here to read our blog on what acceptable and unacceptable questions to ask during an interview.
South Carolina Termination Laws
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.
South Carolina Record-Keeping Laws
Regarding employment and payroll data, under the Fair Labor Standards Act (FLSA) and others, you must:
For at least 5 years: keep payroll records, certificates, agreements, notices, collective bargaining agreements, employment contracts, and sales and purchase records. Also keep completed copies of each employee’s I-9 for three years after they are hired or1 year after termination, whichever is later. If the employee works longer than three years, hold on to the form for at least one year after the employee leaves.
For at least 2 years: Keep basic employment and earning records like timecards, wage-rate tables, shipping and billing records, and records of additions to or deductions from wages. Also keep the records that show why you may pay different wages to employees of different sexes, such as wage rates, job evaluations, seniority and merit systems, and collective bargaining agreements.
For at least 1 year: The Equal Employment Opportunity Commission says employers should keep all employment records for at least one year from the employee’s date of termination.
Other record-keeping laws that may apply to you:
Under the Occupational Safety and Health Act, you need to keep records of job-related injuries and illnesses for five years. But some records, like those covering toxic substance exposure, have to be kept for 30 years.
You must keep files of benefit plans and seniority and merit systems while they are in effect and for at least a year after they end. You must also retain summary descriptions and annual reports of benefits plans for six years.
If your company is covered by the Family and Medical Leave Act, you must also retain relevant records of leaves, notices, policies, and more for three years.
Additional laws that may apply to you.
9 additional laws may apply. Open one to read the rule.
South Carolina Pay Practices
Employers in South Carolina may choose the frequency and timing of paying their employees. Employers that have five or more employees must inform employees in writing of the following: Their normal working hours; Their wages; The time and place of payment; Any deductions. Employers must give employees at least seven days’ notice in writing before changing any of the above.
Under South Carolina Code §41-10-50, final wages must be paid within 48 hours of separation or by the next regularly scheduled payday, not to exceed 30 days. This requirement applies to both involuntary terminations and voluntary resignations.
South Carolina Background check Laws
Employers who run background checks should ensure they’re following the requirements of the Fair Credit Reporting Act.
South Carolina Credit and Investigative Check Laws
South Carolina does not expressly allow or prohibit employers from obtaining credit reports on applicants or employees.
South Carolina Arrest and Conviction Check Laws
South Carolina does not expressly allow or prohibit employers from obtaining criminal history checks for employment purposes.
South Carolina Drug and Alcohol Testing Laws
Employers in South Carolina may test their applicants and employees for drugs or alcohol. Employers that receive $50,000.00 or more in state contracts or grants must meet specific criteria to certify that they have a drug-free workplace. The Workers’ Compensation Commission has a program that enables employers to obtain a discount on their workers’ compensation premiums.
South Carolina Pregnancy Accommodation Laws
The South Carolina Pregnancy Accommodation Act requires that certain accommodations be made for employees with medical needs arising from pregnancy, childbirth, or related medical conditions, even if the employee’s condition does not rise to the level of a disability. This makes the law more expansive than the federal FMLA and ADA.
The law suggests that the following would be reasonable accommodations for such employees: Providing more frequent or longer break periods; Providing more frequent bathroom breaks; Modifying food or drink policy; Providing seating or allowing the employee to sit more frequently if the job requires the employee to stand; Providing assistance with manual labor; Observing limits on lifting (e.g., no more than 20 pounds); Temporarily transferring the employee to a less strenuous or hazardous vacant position, if qualified; Providing job restructuring or light duty, if available; Acquiring or modifying equipment or devices necessary for performing essential job functions; Modifying work schedules.
South Carolina Whistleblower Protection Laws
Employers that receive public funds may not discharge or discriminate against an employee for reporting alleged waste or wrongdoing by a public body or public employee.
South Carolina COBRA
COBRA is a federal law that allows many employees to continue their health insurance benefits after their employment ends. Because federal COBRA applies only to employers with 20 or more employees, South Carolina has a “mini-COBRA” law under SC Code § 38-71-770 that applies to employers with fewer than 20 employees offering fully insured group health plans.
Under this law, eligible employees who have been continuously insured for at least 6 months may continue coverage for the remainder of the current policy month plus up to 6 additional months. Each certificate of coverage must include notice of continuation rights, and upon termination, employers must clearly inform employees of their rights and premium payment obligations before the start of each policy month.
Compliance Calendar
Get our Compliance Calendar to stay on top of deadlines throughout the year: View it on your computer. Click + Google Calendar in the lower right to add it to your Google Calendar and subscribe to all updates. You can also download a calendar (.ics) file that you can import into iCal or Outlook, or download a PDF to your computer.
Remember
This 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. If you need more compliance help, we recommend consulting with a qualified lawyer, checking with your local government agencies, or signing up for Homebase to get help from our certified HR Pros.
Staying compliant
Compliance you don’t have to remember
Homebase tracks breaks, overtime and paid time off as your team clocks in, flags the ones South Carolina treats as violations, and keeps the records if anyone asks for them.
- Overtime and double-time calculated from the clock, not from memory.
- Break and meal-period warnings before a shift is closed, not after payroll runs.
- Time cards, schedules and pay stubs kept together for the retention window.
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