The South Carolina Minimum Wage and Overtime Laws specifically set how much and when a worker must be paid.
The laws are set forth by state statute and non-exempt employers must comply with these laws. There are numerous exceptions to these laws based upon the type of employment, the classification of the job, the type and manner of compensation, and the size of the employer.
There are also federal wage laws pursuant to the Federal Labor Standards Act (FLSA) that also set forth pay requirements from employers.
South Carolina Overtime Pay Laws
There are no state laws governing the payment of overtime, however federal laws do apply that are set by the Fair Labor Standards Act (FLSA).
The FLSA creates two classifications of workers for purpose of overtime wages. The two classifications are exempt and non-exempt.
Depending on what type of classification an employee is will determine if an employer is required to pay overtime pay to their employees who work overtime.
It is not uncommon for employers to misclassify an employee in order to avoid paying them overtime pay.
Overtime is considered any hours in excess of 40 hours in a work week. If you have worked over 40 hours and have not received overtime pay, it is important that you contact an employment lawyer to ensure that you are classified correctly and determine if you are eligible to receive wages.
In addition, under federal law there is no limit to how much overtime an employer can require of an employee, as long as the employee is paid in accordance with the law, and the mandatory overtime does not create a safety risk.
Click here for more information on the laws.
South Carolina Minimum Wage Laws
South Carolina has not established a minimum wage rate. Therefore, the federal rate applies to those employed in the State.
Currently, the federal minimum wage is set at $7.25 per hour. There is no minimum number of employees that must work for an employer before the employer is responsible to comply with FLSA standards.
An employer can decrease a workers rate of pay, however, if the employer has five or more employees, the employee must be notified in writing at least seven calendar days in advance of the proposed decrease in pay.
The State does not also have any laws requiring an employer to provide a meal period or breaks to employees, thus the federal rule applies. The federal rule does not require an employer to provide either a meal (lunch) period or breaks.
However, if an employer chooses to do so, breaks, usually of the type lasting less than 20 minutes, must be paid.
Meal or lunch periods (usually 30 minutes or more) do not need to be paid, so long as the employee is free to do as they wish during that time.
South Carolina Minimum Wage & Hour Law Resource
An excellent resource for information is the South Carolina Department of Labor.
Largest Cities in South Carolina Providing Jobs
The ten largest cities in SC provide jobs and income to both their own residents and those from outside communities. These include jobs in both public sector and private sector. The cities are listed below:
- North Charleston
- Mount Pleasant
- Rock Hill
- Goose Creek
- Hilton Head Island
Commonly Asked South Carolina Overtime Pay Questions
You probably have questions about the overtime pay laws. Our legal team will answer all of your questions and concerns, including:
- How much is overtime pay?
- Am I entitled to overtime pay?
- Does South Carolina have mandatory overtime laws?
- What is the minimum wage and hour law?
- When is overtime owed?
- What is the overtime rate?
- How do I get my unpaid overtime pay?
Free Legal Advice For South Carolina Unpaid Overtime Pay Claims
If you were not paid the required minimum wage pay or overtime pay, you have the legal right to pursue a wage claim against the past or present employer. There are strict time deadlines so you should contact our unpaid overtime lawyers today to determine whether you are owed unpaid wages.
We will represent you on a No Win, No Fee basis so there are no legal fees or expenses unless we recover your unpaid lost wages for you.
To file a South Carolina wage law claim, you should contact our highly qualified overtime lawyers today at (855) 754-2795 for a free, no obligation Case Review.
You can also complete the Free Unpaid Overtime Case Review box on this page and an experienced attorney will contact you shortly.