8 Citations
South Carolina protects the rights of its employed citizens with a comprehensive slate of employment and labor laws. These laws cast a wide net across every aspect of employer-employee relationships, from meal breaks to severance pay after termination.
Are you a business owner in South Carolina looking to ensure compliance with your workforce in the state? This curated guide – one of our 50-part series on U.S. labor laws – has the details you need to keep things compliant in South Carolina.
Let’s get to it…
Meals and Breaks in South Carolina
Employers in South Carolina are not obligated to provide rest or meal breaks to their employees. However, the state mandates compensation for employees when offering breaks lasting between 5 and 20 minutes. Meal periods or rest breaks more than 30 minutes long are not required to be paid for unless the employee is required to stay at their workstation and/or continue performing job roles during their break.
The South Carolina Pregnancy Accommodations Act of 2018 also mandates companies with 15 or more employees make reasonable accommodations for employees with medical requirements resulting from pregnancy, childbirth, or related medical conditions, which includes providing breastfeeding breaks.
Some of these accommodations may include:
- More frequent or longer breaks;
- A private place, other than a bathroom stall, for expressing milk;
- A modified food or drink policy;
- Seating, or allowing the employee to sit more frequently;
- Assistance with manual labor;
- Temporary transfer to a less-strenuous or less-hazardous vacant position;
- Job restructuring or light duty;
- Job restructuring or light duty;
- A modified work schedule.
South Carolina’s Lactation Support Act of 2020, also requires employers to offer reasonable break time and private space after an employee gives birth for the employees to express milk, for up to one year after giving birth.
Leave and Paid Time Off (PTO) in South Carolina
South Carolina splits leave and paid time off into two categories, which include required and non-required leaves.
Required Leave in South Carolina
The leaves required by South Carolina law include:
Family and Medical Leave
According to the federal Family and Medical Leave Act (FMLA), some South Carolina employees may be eligible for up to 12 weeks of unpaid leave in case of medical emergencies. These emergencies may include severe illnesses preventing work, significant life events such as the birth or adoption of a child, or caring for immediate family members who are unwell or injured.
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💡Did You Know?
The Bureau of Labor Statistics shows that only about 1 in 4 employees (24 percent) in the private sector workforce have access to paid family leave.
Jury Duty Leave
South Carolina employers cannot threaten, discipline, or discharge employees performing their required jury duty. However, employers can legally ask employees to use their ordinary vacation time (which doesn’t have to be paid) or PTO to attend jury duty.
Witness Leave
State employees in South Carolina who have been subpoenaed as witnesses in a case for which they do not receive personal gain are entitled to paid leave.
However, the rules are a little different for private employees in South Carolina. Private employers cannot prevent employees from responding to subpoenas, but they’re not required to pay for the duration of this witness leave.
Military Leave
Under the federal Uniformed Services Employment and Reemployment Rights Act (USERRA), all members of U.S. uniformed services are eligible for unpaid military leave. On return from deployment, employees are entitled to be reinstated in their previous position with all benefits, including the level of seniority they held in their organizations before deployment.
For employees to be eligible for military leave, they must meet the following requirements:
- Must provide employers with a notice of military service
- Must have spent less than 5 years total in active military service
- Any military discharge cannot be dishonorable or disqualifying
- Returns to work must be timely
Bone Marrow Donation Leave
South Carolina employees working in any establishment with 20 or more employees may be eligible for paid bone marrow donation leave. Employees must work at least 20 hours per week to be eligible, and their bone marrow leave may not exceed 40 hours in total unless otherwise approved by the employer.
Employers can ask employees to provide verification from a physician supporting this bone marrow leave.
Emergency Response Leave
State employees certified by the American Red Cross can use up to 10 calendar days per 12 consecutive months (effectively any one-year period) to participate in disaster relief. This leave may require approval from a supervisor.
Sick Leave
State employees in South Carolina can accrue up to 15 annual days of sick leave. Additionally, up to 10 days of this leave can be used as family sick leave.
Administrative Leave
Employees of the state who get hurt while performing their job duties must be offered administrative leave instead of sick leave. This administrative leave is considered paid and is available for up to 180 calendar days.
Bereavement Leave
State employees in South Carolina are provided 3 days of paid bereavement leave following the loss of an immediate family member. However, employees must provide statements to their supervisor which include the deceased’s name and their relationship to the employee.
Vacation and Holiday Leave (for Public Employees)
Full-time state employees in South Carolina are eligible for accrued vacation leave at different rates based on their workweek schedule and years of service.
For example, a five-day, 40-hour workweek schedule has the following requirements:
Years of service
Days of leave accrued per year
Hours of leave accrued per month
1-10
15.00
10.00
11
16.25
10.833
12
17.50
11.666
13
18.75
12.50
14
20.00
13.333
15
21.25
14.167
16
22.50
15.00
17
23.75
15.833
18
25.00
16.667
19+
26.25
17.50
Voting Leave
State employees in South Carolina who live too far away from work to vote on time may be eligible for voting leave. This leave is typically paid and is granted for 2 hours.
Non-Required Leave in South Carolina
Non-required leaves are not mandated by the state, but are often willingly provided by private employers, in which case the leave must be explicated in written employment contracts.
This short video explains South Carolina employment contracts:
Sick Leave
The state does not regulate sick leave for private employees. If employers do provide paid or unpaid sick leave, it must be stated as part of the leave policy sections in written employer-employee contracts.
Bereavement Leave
Private employers are not required to provide bereavement leave unless it’s covered by specific clauses in their employment contracts.
Vacation and Holiday Leave
Private employers are not mandated to provide vacation or holiday leave to their employees, but if offered, it must be provided in line with the rules and details stated in employment contracts.
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Overtime Regulations in South Carolina
Overtime laws in South Carolina follow federal Fair Labor Standards Act (FLSA) regulations. These regulations define overtime as all work done exceeding 40 hours in a workweek of a seven-day period starting at 12.01 a.m. on Sunday and ending at midnight on Saturday.
According to FLSA, all overtime hours worked must be compensated at the calculated overtime rate of 1.5 times an employee’s regular pay.
There are certain exceptions and exemptions to overtime regulations in South Carolina. These include:
- Executive, administrative, and professional employees earning more than $684 per week
- Farm workers
- Seasonal workers
- Commissioned employees of retail or service establishments in the auto industry
- Railroad employees
- Taxi drivers
- Motion picture theater workers
Wages and Benefits in South Carolina
South Carolina does not have a state-specific minimum wage rate, and like other such states, it follows the federal minimum wage rate set by FLSA, which is currently $7.25 per hour.
Tipped Minimum Wage
Tpped employees in South Carolina are eligible for the federal tipped minimum wage rate of $2.13 per hour. This rate must combine with an employee’s earned tips to meet or exceed the minimum wage rate of $7.25 per hour. If employees’ tips don’t bring their overall hourly earnings up to (or above) the ordinary minimum wage, their employer must cover the difference.
Subminimum Wage
According to FLSA, employers with certain certificates can pay employees with disabilities a subminimum wage, as determined by a state agency and in accordance with the employee’s output.
An example of subminimum wage in South Carolina is the training wage of $4.25 paid to employers under 20 during their first 90 days of employment. Student learners in the state can earn 85% of the minimum wage requirement, which is $6.16 per hour.
It’s worth noting that South Carolina recently passed a bill to eliminate subminimum wages for disabled employees as of August 1, 2024. We’ll update this article with new information when the law comes into effect.
Pay Frequency
South Carolina doesn’t regulate the frequency at which employers must pay their employees. However, employers in the state must create policies to establish regular paydays.
Employers with five or more employees must also provide each employee with itemized statements for each pay period showing gross pay and any deductions made. Employers are forbidden from deducting from employee wages unless legally required (e.g., for employment taxes) or if the employee is notified in writing of the amount and terms of the deductions.
Final Paycheck
According to South Carolina laws, upon termination, employers are required to pay the employees their final paycheck either within 48 hours of the time of termination or by the next regularly scheduled payday.
Final paycheck payments must not be disbursed more than 30 days after the date of separation.
Employee Benefits
Employers in South Carolina are not required to offer any specific benefits beyond unemployment insurance and workers’ compensation.
However, many employers offer various optional benefits. Common optional benefits in South Carolina can include:
- Health insurance
- Dental insurance
- Vision insurance
- Life insurance
- Retirement plans (401(k), etc.)
- Paid time off (vacation, sick leave, personal leave)
- Short-term disability insurance
- Long-term disability insurance
- Tuition reimbursement
- Employee assistance programs
- Flexible spending accounts
Prevailing Wages in South Carolina
Prevailing wages refer to the wages typically paid in a specific locality for a particular type of construction work. The idea is to prevent unfair competition and ensure workers on these projects receive fair compensation.
South Carolina doesn’t regulate prevailing wages at the state level. However, employers in the state seeking to work on public works projects funded least partly by federal funds must adhere to mandates set by the Davis-Bacon Act and related acts.
Contractors working on covered projects must pay their workers at least the prevailing wage rates for all hours worked on those projects.
Even though South Carolina doesn’t have state-level prevailing wage laws, some local governments have set prevailing wage ordinances for public works projects within their jurisdictions.
Employers should verify project coverage under Davis-Bacon and obtain the applicable wage determination to ensure compliance with prevailing wage requirements.
Some resources for employers include:
Hiring practices in South Carolina
South Carolina requires fair hiring processes for all employees. Discrimination is strictly prohibited on the basis of:
- Race or color
- Religion
- Ethnicity
- Gender identity
- National origin
- Sexual orientation
- Pregnancy
- Age (especially 40+)
- Disability
- Genetic information
- Political affiliation
- Veteran/National Guard status
The state considers it illegal for employers to refuse to hire an applicant or treat any applicant differently based on the factors listed above. The anti-discriminatory law affects all stages of the hiring process, from job postings to offer letters.
E-Verify and Immigration
South Carolina’s Illegal Immigration and Reform Act requires all employers to verify the status of new employees through E-Verify within three business days after hiring. The state also requires employers to complete and maintain federal Employment Eligibility Verification forms (Form I-9) for all employees.
Drug Testing
Many employers adopt pre-employment drug tests. The only restriction on drug testing in South Carolina is that employers keep the results of such tests confidential.
Equal Employment Opportunities
South Carolina and federal laws require employers to provide equal employment opportunities to all qualified applicants and employees, regardless of protected characteristics. This includes ensuring equal pay for equal work and fair opportunities for advancement.
The South Carolina Human Affairs Commission (SCHAC) enforces anti-discrimination laws and investigates complaints of workplace discrimination.
Health and Safety Standards in South Carolina
In South Carolina, the federal Occupational Safety and Health Administration (OSHA) manages all security standards of workplaces. OSHA organizes and conducts workplace inspections to eliminate or otherwise minimize the possibility of workplace injuries and fatalities.
OSHA oversees and regulates:
- Physical hazards like noise, radiation, and extreme temperatures
- Ergonomic hazards like heavy lifting and repetitive motions
- Biological hazards like mold and pests
- Chemical and dust hazards like pesticides and asbestos
- Safety hazards like slips and falls
Although not required by law, every employer in South Carolina is expected to have a written Safety, Health, and Injury & Illness Prevention manual, plan, and program,
Smoke-Free Workplace
The South Carolina Clean Indoor Air Act mandates bars smoking in certain public indoor areas, including facilities providing children’s services, health care facilities (except for employee break areas), elevators, arenas, and auditoriums.
Smoking is permitted in other public areas, but owners and/or managers must clearly separate designated smoking areas from smoke-free areas and conspicuously display signs to clarify which area is which. Signs are typically not required for private offices.
Child Labor Laws in South Carolina
Child labor laws protect underage employees from exploitation in the workforce. South Carolina primarily abides by federal child labor law provisions, which dictate under which industries a minor employee can work and set legal working hours for minors in two categories based on their ages.
In South Carolina, minors under 16 can work the following hours:
- Any time from 7 a.m. to 7 p.m. on school days
- Any time from 7 a.m. to 9 p.m. while school is out of session
- No more than 3 hours on a school day
- No more than 18 hours in a week while school is in session
- No more than 8 hours on a non-school day
- No more than 40 hours in a week while school is out of session
Minors aged 16 and 17 have no working hour restrictions in South Carolina.
Prohibited Occupations for Minors
The FLSA regulates the occupations of minors in South Carolina’s workforce. Any occupation deemed too dangerous is prohibited for minors.
Some prohibited occupations include:
- Boiler room operator
- Excavator
- Mill worker
- Miner
- Meat processing operator
- Motor vehicle operator/servicer
- Power-driven machinery operator
- Roofer
- Welder
- Occupations in establishments serving alcoholic beverages
Minors of all ages are prohibited from working in hazardous occupations involving:
- Manufacturing or storing explosives;
- Driving a motor vehicle or working as an outside helper;
- Logging or operating a sawmill, lath mill, shingle mill or cooperage-stock mill;
- Operating, repairing or cleaning certain power-driven machines and equipment; or
- Exposure to radioactive substances and to ionizing radiations
Minors aged 14 and 15 may not work in these roles:
- Manufacturing, mining, or processing
- Operating or tending to hoisting apparatuses or any power-driven machinery (other than office machines)
- The operation of motor vehicles or providing service as helpers on such vehicles
- Public messenger services
- Transportation of people or property
- Warehousing and storage (except office or clerical work)
- Communications and public utilities
- Construction, except certain office or sales roles
- Work performed in or about boiler or engine rooms
- Maintenance or repair of establishments, machines, or equipment
- Outside window-washing involving working from windowsills
- All work requiring the use of ladders, scaffolds, or their substitutes
- Cooking and baking (with certain exceptions)
- Operating, cleaning, repairing, or otherwise using power-driven food slicers, grinders, food choppers, cutters, and bakery-type mixers
- Prepararing meats for sale (with certain exceptions)
- Loading and unloading goods to and from trucks, railroad cars, or conveyors
Employee Termination and Resignation in South Carolina
South Carolina operates under the pinciple of at-will employment. Employer-employee relationships can be terminated in the state by either employers or employees at any time and without reason – with certain exceptions.
Employees may not be terminated for:
- Exercising legal rights (e.g., filing discrimination complaints)
- Refusing to participate in illegal activities
- Whistleblowing on their employer’s illegal or unethical actions
- Personal protected characteristics (e.g., race, age, sex)
- Breaching an employment contract (if one exists)
Notice Requirement
Generally, employers are not required to give employees any notice before termination. However, some companies may have internal policies regarding notice periods, which should be outlined in resignation agreements and/or company policies.
Final Pay
In the event of employment termination, employers must pay terminated employees their final paychecks:
- Within 48 hours of the time of termination
- By the next regularly scheduled payday (no more than 30 days after separation)
Employers must pay all earned wages and accrued benefits, such as vacation time, after termination or resignation.
Severance Pay
Employers are not legally required to offer severance pay upon termination or resignation in South Carolina. Some employment contracts may stipulate severance pay under certain circumstances.
Unemployment Benefits in South Carolina
To qualify for unemployment benefits in South Carolina, you must:
- Have earned sufficient wages in covered employment during your base period (the previous four quarters)
- Be unemployed through no fault of your own
- Be actively seeking work
- Be a U.S. citizen or authorized alien and a resident of South Carolina
Those seeking unemployment benefits can file for unemployment benefits online the South Carolina Department of Employment and Workforce (DEW).
Unemployment Benefit Amount and Duration
The weekly benefit amount in South Carolina ranges from $42 to $326 per week before taxes. The amount received for unemployment depends on your average weekly earnings in your base period.
The maximum benefit duration is 26 weeks in a benefit year.
Employers can use the online official website resources to access information on employer responsibilities related to unemployment insurance, including Registering with DEW, Reporting employee wages and separations, and responding to unemployment claims.
Employers can check the DEW website linked above for information on employer responsibilities, to register for the first time with DEW, to report employee wages and separations, and to respond to unemployment claims.
Penalties for Noncompliance in South Carolina
South Carolina’s penalties for labor law noncompliance can vary significantly depending on the violation and the agency responsible for enforcement.
Wage and Hour Violations
- Minimum Wage Violations: $100 per day per violation for first offense, $200 per day per violation for subsequent offenses
- Overtime Violations: Twice the regular rate of pay for overtime hours not paid
- Failure to Pay Final Wages: 5% penalty per day for up to 30 days, plus attorney's fees
Workplace Safety Violations
- Serious violations: $7,000 per violation for first offense, $10,000 per violation for subsequent offenses
- Willful or repeated violations: Criminal penalties including imprisonment
Discrimination and Harassment
Affected employees may be entitled to monetary damages, reinstatement, injunctive relief, and attorney’s fees if their employer is found to have discriminated against and/or harassed them.
Unemployment Insurance Violations
- Filing false claims: Misdemeanor charges with fines of up to $1,000 and imprisonment of up to 1 year
- Failure to pay unemployment taxes: Penalties and interest on unpaid taxes
Enforcement and Reporting
Several state and federal agencies enforce labor laws in South Carolina, including the South Carolina Department of Labor, Licensing and Regulation, the South Carolina Department of Employment and Workforce, the South Carolina Human Affairs Commission, and the U.S. Department of Labor (DOL).
Other Essential Information about Labor Laws in South Carolina
Arrest and Conviction Check Laws
South Carolina does not allow or prohibit employers from obtaining criminal history checks for employment purposes.
Whistleblower Protection Laws
Employers, particularly state employers, may not discharge or discriminate against employees for reporting alleged waste or wrongdoing by a public body or public employee.
COBRA
COBRA is a federal law allowing employees to extend health insurance benefits past the end of their employment.
Federal law applies COBRA to all employers with 20 or more employers. South Carolina, like many states, has its own “mini-COBRA.” This state extension of COBRA allows covered employees to continue receiving healthcare for up to six additional months past the end of federal COBRA coverage.
Recordkeeping Laws
Under FLSA, South Carolina employers must collect and retain the following employment and payroll data:
- For at least 3 years: Payroll records, certificates, agreements, notices, collective bargaining agreements, employment contracts, sales and purchase records, and I-9s (for at least three years after hiring and/or one year after separation).
- For at least 2 years: Basic employment and earning records (timecards, wage-rate tables, shipping and billing records, and records of additions to or deductions from wages), and records detailing reasons for paying different wages to employees of different sexes (wage rates, job evaluations, seniority and merit systems, and collective bargaining agreements).
- For at least 1 year: All employment records must be retained for at least one year after an employee’s termination date.
Employers must also keep records of job-related injuries and illnesses for five years. However, some records, like those covering toxic substance exposure, have to be kept for 30 years.
The Big Picture on South Carolina Labor Laws
South Carolina’s labor laws provide important protection for employees and key guardrails for employers. Both employers and employees should be well-informed about these laws to ensure compliance and fair treatment in the workplace.
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