Minimum Wage $7.25 PER HOUR
South Carolina does not have a state minimum wage law. For most covered workers, the federal FLSA minimum wage applies, which is $7.25 per hour.
Tipped employees may be paid a cash wage as low as $2.13 per hour, but only when tips bring the worker's total pay to at least $7.25 per hour. If tips do not cover the difference, the employer must make up the shortfall.
Overtime Laws 1.5X RATE
South Carolina does not have a separate state overtime law. Most overtime claims follow the federal FLSA, which requires one and a half times the regular rate for hours worked over 40 in a workweek.
At the federal $7.25 minimum wage, the overtime rate is $10.88 per hour. Overtime is calculated by workweek, not by day. Bonuses, commissions, and other pay may need to be included when calculating the regular rate.
Meal & Rest Breaks NO MANDATE
South Carolina does not generally require employers to provide meal or rest breaks for adult employees. Break rights may still come from an employment agreement, collective bargaining agreement, or workplace policy.
When an employer provides short rest breaks, those breaks are usually paid. A meal period may be unpaid only when the employee is fully relieved of duty and the time qualifies as a bona fide meal period.
Final Paycheck 48 HOURS
When a South Carolina employee is separated from payroll for any reason, the employer must pay all wages due within 48 hours of separation or by the next regular payday, which may not exceed 30 days.
South Carolina's Payment of Wages Act also requires employers to give written notice of normal hours, wages, time and place of payment, and deductions. Employers generally must give at least seven days' written notice before reducing wages or changing the terms of payment.
Filing a Claim 2-3 YEAR WINDOW
South Carolina workers may bring wage-payment claims under the South Carolina Payment of Wages Act. Civil actions to recover wages under that law generally must be filed within three years after the wages became due.
Federal FLSA minimum wage and overtime claims generally have a two-year limitations period, extended to three years for willful violations. Many workers may have both federal overtime claims and state wage-payment claims depending on the facts.
South Carolina Payment of Wages Act TRIPLE DAMAGES
South Carolina does not have its own minimum wage or overtime law, but it does have a strong wage-payment statute. The Payment of Wages Act covers wages promised for work performed, including amounts based on time, task, piece, commission, or another method of calculation.
When an employer fails to pay wages due under the Act, a worker may recover up to three times the full amount of unpaid wages, plus costs and reasonable attorney's fees as allowed by the court.
Employee Misclassification COMMON VIOLATION
Some South Carolina employers label workers as independent contractors or exempt employees to avoid paying overtime, payroll taxes, or other wage obligations. A job title, contract, or salary does not automatically decide whether wage protections apply. The actual working relationship, economic realities, and day-to-day duties matter.
This article is provided for informational and educational purposes only and does not constitute legal advice. Reading this content does not create an attorney-client relationship with Josephson Dunlap LLP. Wage and hour laws vary by state, and the application of these laws depends on the specific facts of each situation. The figures and information cited above are current as of the date of publication and are subject to change. Prior results in other matters do not guarantee or predict a similar outcome in any future matter. If you believe your wages were not paid correctly, consult a qualified, licensed employment attorney.
Think You May Be Owed Back Wages?
Josephson Dunlap reviews wage claims for South Carolina workers at no cost. There is no fee unless wages are recovered. A case manager will go through your situation and tell you where you stand.