(650) 332-8623South Carolina Labor Laws: Wages, Breaks and Overtime (2026)
South Carolina labor laws explained for employers: wages, overtime, breaks, child labor, and termination rules for 2026.
South Carolina Meals and Breaks
No LawFor Lunch Breaks
South Carolina labor laws do not require employers to provide meal breaks for employees.
- >20 minutes of break time is unpaid
- Must be completely relieved from duties; otherwise, break time must be paid.
No LawFor Rest Breaks
South Carolina does not have any specific laws mandating rest breaks for employees.
- Similar to meal breaks, the state relies on the federal guidelines established by the FLSA
- Businesses voluntarily offer short rest breaks to improve employee productivity
Construction employers: Most SC contractors offer a 30-minute lunch break by custom, not legal requirement. If a foreman monitors the site during that window, the break is paid work time under federal law.
South Carolina Leave and Paid Time Off (PTO)
South Carolina does not have a state law that requires private employers to provide paid or unpaid sick leave.
- If a private employer in South Carolina offers sick leave, they must adhere to the terms outlined in their own company policies or employment contracts.
- Full-time state employees earn 1.25 days of sick leave per month, or 15 days per year. There is no limit to the amount of sick leave state employees can accumulate over time, and unused sick leave can be carried over into subsequent years.
Eligible employees are covered by the federal Family and Medical Leave Act (FMLA), which grants up to 12 weeks of unpaid, job-protected leave in a 12-month period.
- Employees must have worked for their employer for at least 12 months and completed at least 1,250 hours in the past year
- Employer must have at least 50 employees within a 75-mile radius
Reasons for Leave:
- Personal medical issues, including serious health conditions
- Caring for a spouse, child, or parent with a serious health condition
- The birth, adoption, or foster care placement of a child
- Certain exigencies related to a family member’s military service
South Carolina labor laws do not require employers to provide bereavement leave. This type of leave is offered at the discretion of the employer.
South Carolina labor laws do not require employers to offer vacation leave, whether paid or unpaid. Vacation leave is typically offered at the discretion of the employer.
- If an employer offers vacation time and the employee accrues unused vacation, SC law requires payout upon termination only if stipulated in the company’s written policy
- Employers in SC are allowed to implement “use-it-or-lose-it” policies if communicated clearly in advance
South Carolina does not mandate that employers provide paid or unpaid holiday leave. Like vacation leave, the decision to offer holiday leave, whether paid or unpaid, is entirely up to the employer and is often determined by company policy or employee agreements.
South Carolina law mandates that employers must provide leave for employees summoned for jury duty.
- Employers are not required to pay employees during this time, but are prohibited from firing or retaliating against employees for fulfilling their duties as jurors.
South Carolina does not have a state law that mandates employers to provide time off for voting, either paid or unpaid. It is left to the discretion of the employer to establish voting leave policies, meaning employees may need to use their personal or vacation time to vote if their work schedule conflicts with polling hours.
Under South Carolina law, employers with 20 or more employees must provide up to 40 hours of paid leave for employees who donate bone marrow.
South Carolina law requires employers to provide unpaid leave for employees who are summoned as witnesses in legal proceedings. Employees cannot be terminated, disciplined, or retaliated against for fulfilling this duty.
In South Carolina, military leave is governed by both state law and federal law under USERRA (Uniformed Services Employment and Reemployment Rights Act).
- Employees are entitled to reemployment rights as long as their total military service does not exceed five years
- Employees on military leave may continue employer-sponsored health insurance for up to 24 months at up to 102% of premium costs
Emergency response leave is primarily intended for volunteer emergency responders such as firefighters, EMTs, or rescue squad members. The law protects these individuals from losing their jobs if they are called to respond to an emergency situation.
- Employers may require written proof of the emergency response from the relevant organization.
South Carolina Wages and Overtime
$7.25/hourMinimum Wage
The South Carolina minimum wage is $7.25/hour — the federal rate. SC has no state minimum wage law of its own. The federal rate of $7.25/hour applies to most SC workers. The sc minimum wage 2026 remains $7.25/hour.
- Bill 3226 proposes phased increases to $10.10/hour by January 1, 2028 — not enacted as of April 2026
- Bill 3809 proposes $17.00/hour starting January 1, 2027 — not enacted as of April 2026
1.5x HourlyOvertime Rate
South Carolina follows the FLSA’s 40-hour weekly overtime threshold. Workers receive 1.5× their regular rate for every hour over 40 in a workweek. There is no daily overtime threshold under current law.
South carolina labor laws for salaried employees — overtime exemptions:
- EAP exemption: must earn at least $684/week ($35,568/year) and primarily perform executive, administrative, or professional duties — see DOL overtime exemption guidance and Workyard’s employee classification guide
- HCE exemption: $107,432/year or more with a minimal duties test
- The Biden DOL’s $1,128/week threshold was vacated nationwide November 15, 2024 by Judge Sean Jordan (U.S. District Court, Eastern District of Texas) and never took effect
$2.13/hourTipped Minimum Wage
South Carolina does not have its own law regulating the minimum wage for tipped employees. Instead, it follows the federal tip credit rules under the FLSA.
- Employers can pay tipped employees as little as $2.13 per hour as long as their tips bring their earnings up to the federal minimum wage of $7.25 per hour
- If an employee’s tips combined with the $2.13 base wage do not equal $7.25/hour, the employer must make up the difference.
No LawPay Frequency
South Carolina does not have a specific state law dictating how often employees must be paid.
- Employers are free to set their own pay frequency, as long as it is consistent and employees are paid on a regular schedule
- Wages can be paid weekly, biweekly, semimonthly, or monthly, depending on company policy.
South Carolina does not allow cities or counties to set their own local minimum wage rates. The minimum wage South Carolina enforces statewide is $7.25/hour — no municipality can set a different rate.
- No municipality within the state can establish a wage rate different from the federal minimum wage of $7.25 per hour
- South Carolina state law prevents local governments from enacting higher minimum wages than the federal rate
South Carolina does not have specific state laws for sub-minimum wages. For most workers, the minimum wage South Carolina defaults to is the federal $7.25/hour. However, under the FLSA, certain groups can legally be paid less:
- Youth Minimum Wage: Workers under the age of 20 can be paid a training wage of $4.25 per hour for the first 90 days of employment. After this period, they must be paid the standard minimum wage of $7.25 per hour.
- Disabled Workers: Under Section 14(c) of the FLSA, employers can obtain a certificate from the Department of Labor allowing them to pay workers with disabilities a wage below the federal minimum.
- Student Workers: Full-time students working in retail, service, or agriculture jobs can be paid at a rate of 85% of the federal minimum wage, provided they work no more than 20 hours per week when school is in session.
In South Carolina, certain categories of employees are exempt from federal minimum wage requirements under the Fair Labor Standards Act (FLSA).
- Executive, Administrative, and Professional Employees: Must earn at least $684 per week and primarily perform executive, administrative, or professional duties
- Outside Sales Employees: Workers whose primary duties involve making sales or obtaining orders away from the employer’s place of business
- Agricultural Workers: Certain agricultural employees working on small farms (fewer than 500 “man-days” of labor per quarter)
- Special Categories: Casual babysitters, companions to the elderly, and certain employees of seasonal amusement parks
Track overtime to the minute and save thousands with Workyard
See How it Works
SC Prevailing Wages
South Carolina does not have state laws establishing prevailing wage rates for construction roles. However, construction projects in the state that receive federal funding are subject to federal prevailing wage laws, specifically under the Davis-Bacon Act. (See also: Workyard’s guide to prevailing wage determination.)
This federal law requires contractors and subcontractors working on federally funded construction projects to pay laborers and mechanics at least the prevailing wages and fringe benefits that apply to similar projects in the local area.
Weekly certified payroll records must be submitted on Davis-Bacon projects. Verify current SC county-level wage determinations at SAM.gov before starting any federally funded project.
- U.S. Department of Labor – Davis-Bacon and Related Acts: The official U.S. Department of Labor page explaining the Davis-Bacon Act, including wage determinations, compliance procedures, and enforcement for federal construction projects.
- South Carolina Energy Office – Davis-Bacon Resources: A state resource providing guidelines and information on how South Carolina construction projects must comply with federal prevailing wage laws under the Davis-Bacon Act.
SC Child Labor Laws
South Carolina’s child labor laws outline specific restrictions and protections for minors under the age of 18. South carolina labor laws work hours limits vary by age group — what’s allowed for a 16-year-old differs significantly from what’s allowed for a 14-year-old. Rules are governed by SC Code Title 41, Chapter 13 and the federal FLSA.
<14 Years
Laws in South Carolina for children under 14
Generally, no employment is authorized for minors under the age of 14 in South Carolina. Employment of any minor under 14 is considered oppressive child labor as outlined in South Carolina Child Labor Statute 41-13-20. The minimum age to work in South Carolina in standard employment is 14.
Exemptions:
- Minors under 14 can work in show business (theatrical, television, radio, or film production)
- Ages 12 and 13 can work non-hazardous farm jobs outside school hours, with written parental consent
- Family Farm: Minors aged 12 and 13 may also work in agriculture where their parents are employed
- At any age, minors may work in businesses 100% owned by their parent(s), except in hazardous occupations
- Minors can deliver newspapers at any age
Construction employers: No child under 14 may work on a construction site under any standard employment arrangement.
14-15 Years
Laws in South Carolina for minors aged 14 to 15
Laws in South Carolina for minors aged 14 to 15
The south carolina labor laws work hours limits for this age group are among the most restrictive in the FLSA framework.
During School Sessions:
- Minors aged 14 and 15 can work up to 3 hours per day and a maximum of 18 hours per week
- Work hours must fall between 7 a.m. and 7 p.m., ensuring compliance with school obligations
During Non-School Sessions:
- During vacations, minors can work up to 8 hours per day and 40 hours per week, but work hours must be between 7 a.m. and 9 p.m.
Permitted Jobs: Jobs such as cashiering, serving food, custodial duties, bussing tables, car washing, and delivery work (not involving motor vehicles) are appropriate for minors in this age group.
Prohibited Jobs: They cannot work in hazardous environments such as warehousing, car repair, public utilities, or jobs involving ladders, scaffolding, food preparation, grinders, and lawnmowers.
Construction employers: A 15-year-old cannot perform most tasks on a residential or commercial job site. Putting one on a construction crew without a documented non-hazardous role is an FLSA violation.
16-17 Years
Laws in South Carolina for minors aged 16 to 17
Laws in South Carolina for minors aged 16 to 17
- No Hour Restrictions: Minors aged 16 and 17 are exempt from the strict hour and scheduling restrictions that apply to younger workers. They may work as many hours as necessary based on job requirements.
- Hazardous Occupations: These minors are still prohibited from working in occupations deemed hazardous under the 17 Hazardous Occupations Orders of the FLSA, including roofing, demolition, and excavation. A 16-year-old on a roofing crew is a violation regardless of parental consent.
Other Essential South Carolina Labor Laws
Health and Safety Standards in South Carolina
South Carolina operates its own OSHA-approved State Plan. SC OSHA covers both private and public sector employers. For a full list of common OSHA violations on construction sites, see Workyard’s OSHA violations list. and enforces construction-specific standards including fall protection, scaffolding, and excavation requirements.
In South Carolina, employers must…
- Provide a workplace free from recognized hazards (OSHA general duty clause)
- Comply with all applicable SC OSHA construction standards
- Report any worker fatality within 8 hours; any in-patient hospitalization, amputation, or loss of an eye within 24 hours
- Post the SC OSHA job safety poster where workers can see it
In South Carolina, employees should…
- Report unsafe conditions to a supervisor first, then to SC OSHA if unresolved
- Refuse work that presents imminent danger
- Participate in required safety training
Report health and safety violations in South Carolina to: SC OSHA — llr.sc.gov/osha
⚠️ Pending — OSHA walkaround rule (S.350): Introduced February 13, 2025. If passed, a union organizer could accompany an SC OSHA compliance officer on a non-union construction site inspection. Not law as of April 2026.
Report health and safety violations (unsafe working conditions) in South Carolina to:
Employees:
Employers:
Hiring and/or Firing Employees in SC
South Carolina an at will state. It follows the at-will employment doctrine, meaning employers can terminate employees at any time, for any reason (or no reason at all), as long as it’s not for illegal reasons (e.g., discrimination or retaliation). Likewise, employees are free to leave their job at any time without reason.
South Carolina is a right-to-work state under SC Code § 41-7-10, meaning that employees cannot be compelled to join or pay dues to a union as a condition of employment.
- Employees can choose whether or not to join a union, and employers cannot require union membership for hiring or firing
Background Checks: Employers in South Carolina are allowed to perform background checks on potential employees, but they must comply with the federal Fair Credit Reporting Act (FCRA) when using a third party to conduct the check.
Drug Testing: South Carolina law permits employers to conduct pre-employment and random drug testing, but there are no specific state laws regulating how these tests should be administered.
South Carolina complies with federal EEO laws, prohibiting discrimination based on race, color, religion, sex, national origin, age (40 or older), disability, or genetic information.
The South Carolina Human Affairs Commission (SCHAC) is responsible for enforcing state-level non-discrimination laws.
Anti-Discrimination Laws in South Carolina
Employers in South Carolina must adhere to both federal and state anti-discrimination laws, ensuring that all employees and job applicants are treated fairly throughout the hiring, promotion, and employment processes.
Employers in South Carolina may not discriminate against job applicants based on:
- Race, color, or national origin (Title VII of the Civil Rights Act)
- Sex, including pregnancy (Title VII)
- Religion (Title VII)
- Age 40 or older (ADEA — Age Discrimination in Employment Act)
- Disability (ADA — Americans with Disabilities Act)
- Genetic information (GINA — Genetic Information Nondiscrimination Act)
- Any protected class under SC Human Affairs Law
⚠️ NEW — Pending — H.3927 (anti-DEI bill): Passed SC House 82–32 on April 2, 2025. As of April 2026, in SC Senate Judiciary Committee. If enacted, would bar state-funded contracts from vendors maintaining DEI programs — relevant for construction companies bidding on SC state projects.
Employee Resignation or Termination in South Carolina
South Carolina labor laws termination rules are straightforward: SC is at-will, so no advance notice is required from either party. The most time-sensitive compliance item is the final paycheck. For a full walkthrough, see how to terminate an employee in compliance with SC law.
Unemployment Benefits in South Carolina
Unemployment insurance in SC is administered by the SC Department of Employment and Workforce (SC DEW). Workers terminated without cause generally qualify; those fired for misconduct typically do not.
📌 NEW — Effective March 1, 2024: Employers with 10 or more employees must respond electronically to UI benefit claims through SC DEW’s employer portal, required under the Statewide Education and Workforce Development Act (amending SC Code § 41-35-615). Paper responses are no longer accepted. Failing to respond results in charges assessed without contest.
COBRA Benefits in South Carolina
Federal COBRA (Consolidated Omnibus Budget Reconciliation Act) applies to SC employers with 20 or more employees. Covered employees who lose group health insurance can continue coverage for up to 18 months (36 months in certain qualifying events). Employers must notify departing employees of COBRA rights within 14 days of the qualifying event. SC has no separate state continuation law for employers below the COBRA threshold.
Final Paychecks in South Carolina
Under south carolina labor laws termination pay rules, SC Code § 41-10-50 requires final paychecks within 48 hours of termination or by the next regular payday — which may not exceed 30 days from the date of termination.
Accrued vacation pays out only if the employer’s written policy commits to it — SC law does not mandate independent payout.
Penalties: Under SC Code § 41-10-80, employers face a $100 civil penalty per offense. Employees may also sue for three times the full amount of unpaid wages, plus costs and reasonable attorney’s fees. Three-year statute of limitations.
Avoid noncompliance penalties and save thousands with Workyard
See How it Works
South Carolina Recordkeeping Requirements
SC labor laws require employers to maintain certain employee records for varying lengths of time. For federal minimums that apply alongside these state requirements, see Workyard’s FLSA recordkeeping requirements guide.
1 Year
Employers must retain these documents for at least one year:
Personnel and Employment Records: Job applications, hiring records, termination records, and records related to promotions, demotions, and transfers. Employers must keep these for at least one year following an employee’s termination.
2 Years
Employers must retain these documents for at least two years:
Time Cards and Work Schedules: Employers are required to keep records of employees’ time worked, including time cards, schedules, and similar records. These documents are essential for determining wages and should be kept for two years under the FLSA.
3 Years
Employers must retain these documents for at least three years:
- Payroll Records: Employers must maintain detailed payroll records including employee names, addresses, birth dates (if younger than 19), work hours, wage rates, and deductions. Also: written employment agreements and collective bargaining agreements.
4 Years
Employers must retain these documents for at least four years:
Tax Documents: Employers must retain all tax-related records, such as W-2 forms, withholding tax records, and tax returns for a minimum of four years.
5 Years
Certain employment-related records must be retained for five years:
Workplace Injury and Illness Reports: Employers are required to retain records of any work-related injuries or illnesses under OSHA for at least five years. This includes OSHA logs and reports.
📌 SOC Code Reporting (effective 2024): Employers must include Standard Occupational Classification (SOC) codes in quarterly wage reports submitted to SC DEW. Construction companies may need to update payroll software to generate SOC-coded reports.
Penalties for Labor Law Noncompliance in South Carolina Wages
$100 /offenseWage Violations
Employers who fail to pay wages as agreed or fail to provide the correct final paycheck may face penalties of $100 for each offense under SC Code § 41-10-80. Employees may recover three times the full amount of unpaid wages, plus costs and attorney’s fees (SC Code § 41-10-80(C)).
Back WagesOvertime Violations
Failing to pay overtime at 1.5 times the regular rate of pay for hours worked beyond 40 hours per week can result in back wages and liquidated damages, enforced by the DOL Wage and Hour Division. See: full breakdown of employer overtime penalties.
Up to $1,000 (1st) up to $5,000 (repeat)Child Labor Violations
Employers found in violation of child labor laws can face fines of up to $1,000 for a first offense, or up to $5,000 for second or subsequent offenses — per SC Code § 41-13-25. Scaffolding/power tools for 14–15 year-olds, or roofing for 16-year-olds, are violations.
Up to $16,550/violationOSHA Violations
For workers’ compensation coverage requirements, see Workyard’s workers’ compensation laws guide. SC OSHA can assess up to $16,550 per serious violation (2025 rate, effective January 15, 2025 — corrected from the previous $14,502 figure). Willful or repeated violations: up to $165,514 per violation.
In South Carolina, labor law violations are investigated and addressed by…
- South Carolina Department of Labor, Licensing and Regulation (LLR): The LLR oversees a wide range of labor issues, including wage disputes, workplace safety violations, and employment regulations. They handle complaints related to wage payments, child labor, and other state labor law violations.
- South Carolina Human Affairs Commission (SCHAC): SCHAC is responsible for addressing complaints related to workplace discrimination. They handle violations of equal employment opportunity laws, ensuring fair treatment in hiring, promotions, and terminations based on protected classes such as race, gender, and religion.
- U.S. Department of Labor – Wage and Hour Division (WHD): WHD enforces federal wage laws, including the Fair Labor Standards Act (FLSA) and Family and Medical Leave Act (FMLA), covering minimum wage, overtime, and child labor violations in South Carolina.
- Occupational Safety and Health Administration (OSHA): OSHA handles health and safety violations in South Carolina. While the state has its own OSHA division (SC OSHA), federal OSHA works in conjunction with state authorities to ensure compliance with workplace safety standards.
Further Details on Other South Carolina Labor Laws
Learn more about state-specific labor laws:
- Arkansas Labor Laws: A Complete Guide to Wages, Breaks, Overtime, and More (2025)
- Hawaii Labor Laws: A Complete Guide to Wages, Breaks, Overtime, and More (2025)
- Montana Labor Laws: A Complete Guide to Wages, Breaks, Overtime, and More (2025)
- Nevada Labor Laws: A Complete Guide to Wages, Breaks, Overtime, and More (2025)
- Indiana Labor Laws: A Complete Guide to Wages, Breaks, Overtime, and More for 2025
- Delaware Labor Laws: A Complete Guide to Wages, Breaks, Overtime, and More (2025)
- Kentucky Labor Laws: A Complete Guide to Wages, Breaks, Overtime, and More (2025)
- Michigan Labor Laws: A Complete Guide to Wages, Breaks, Overtime, and More (2025)
- New York Labor Laws: A Complete Guide to Wages, Breaks, Overtime, and More (2025)
- Ohio Labor Laws: A Complete Guide to Wages, Breaks, Overtime, and More for 2025
- Oklahoma Labor Laws: A Complete Guide to Wages, Breaks, Overtime, and More (2025)
- Vermont Labor Laws: A Complete Guide to Wages, Breaks, Overtime, and More for 2025
- Wisconsin Labor Laws: A Complete Guide to Wages, Breaks, Overtime, and More (2025)
Whistleblower Protection
Overview: South Carolina has laws in place to protect employees who report illegal activities or unsafe working conditions from retaliation.
- Public Employees: Under the South Carolina Whistleblower Act, public employees are protected from retaliation for reporting violations of laws, regulations, or wasteful use of public funds.
- Private Sector Employees: Federal laws such as the Occupational Safety and Health Act (OSHA) provide protections for private employees reporting workplace safety violations or other illegal practices.
- Retaliation Consequences: Employers found retaliating against whistleblowers may face legal consequences, including reinstatement of the employee and compensation for lost wages.
Wage Deductions
Overview: South Carolina has specific rules regarding wage deductions, ensuring that employers cannot deduct money from an employee’s paycheck unless certain conditions are met.
- Permissible Deductions: Employers can only make deductions if required by law (e.g., taxes, garnishments) or if the employee has given written consent for specific deductions (e.g., insurance premiums, union dues).
- Unauthorized Deductions: Employers cannot deduct wages for losses such as cash shortages, damaged property, or uniform costs unless the employee provides explicit consent.
- Violation Penalties: Employers who make unauthorized deductions may face penalties and be required to reimburse the employee for any improperly deducted wages.
Vacation and PTO (Paid Time Off)
Overview: South Carolina does not have a state law requiring employers to provide vacation or paid time off (PTO). Whether or not PTO is offered is at the discretion of the employer, and the terms are typically outlined in the employee’s contract or company policy.
- Employer Policies: Employers can decide if they offer PTO, vacation time, or sick leave. These benefits are not legally mandated, but once offered, employers must adhere to their stated policies.
- Accrued Vacation: If an employer offers vacation time and the employee accrues unused vacation, South Carolina law requires that the employer pays out the accrued time upon termination if it is stipulated in the company’s policy.
- Use-It-Or-Lose-It Policies: Employers in South Carolina are allowed to implement “use-it-or-lose-it” policies, meaning unused vacation time may be forfeited if not used by a certain time, but this must be communicated clearly to employees in advance.
Workyard’s analysis of 280 contractor discovery calls found that nearly 1 in 3 construction businesses identify labor compliance, including overtime rules, union pay codes, and state wage laws, as a primary operational risk. The number holds whether the contractor runs a 5-person roofing crew or a 50-person general contracting operation.
Clean time records are what protect you when a wage dispute lands. Workyard’s guide to construction time theft covers what inaccurate records actually cost. SC’s Wage Payment Act puts the burden of proof on the employer. Without auditable records of what was paid, when, and for how many hours, a $100-per-offense penalty across a crew of 20 adds up fast, and that’s before the employee’s right to claim three times the unpaid amount kicks in.
“Workyard is one of the few [tools] that does everything that we would need it to do to be able to record time, view the changes to time, track the changes to time… Workyard already has the audit trail of all the changes.” — CFO, Interior Finishing Contractor (50+ employees)
References
- U.S. Department of Labor — Wage and Hour Division. “Fair Labor Standards Act (FLSA).” https://www.dol.gov/agencies/whd/flsa
- U.S. Department of Labor — Wage and Hour Division. “Family and Medical Leave Act (FMLA).” https://www.dol.gov/agencies/whd/fmla
- U.S. Department of Labor — Veterans’ Employment and Training Service. “Uniformed Services Employment and Reemployment Rights Act (USERRA).” https://www.dol.gov/agencies/vets/programs/userra
- U.S. Department of Labor — Wage and Hour Division. “Federal Minimum Wage.” https://www.dol.gov/agencies/whd/minimum-wage
- U.S. Department of Labor — Wage and Hour Division. “Overtime Pay.” https://www.dol.gov/agencies/whd/overtime
- U.S. Department of Labor — Wage and Hour Division. “Davis-Bacon and Related Acts.” https://www.dol.gov/agencies/whd/government-contracts/dbra
- U.S. Department of Labor — Wage and Hour Division. “Child Labor.” https://www.dol.gov/agencies/whd/child-labor
- U.S. Department of Labor — Wage and Hour Division. “Child Labor: Hazardous Occupations Orders.” https://www.dol.gov/agencies/whd/child-labor/hazardous-occupations
- U.S. Department of Labor — Wage and Hour Division. “Wage and Hour Division.” https://www.dol.gov/agencies/whd
- U.S. Department of Labor — OSHA. “OSHA Civil Penalty Amounts.” https://www.osha.gov/penalties
- U.S. General Services Administration. “Wage Determinations Online.” https://sam.gov/content/wage-determinations
- Foley & Lardner LLP. “Texas Federal Court Vacates 2024 FLSA Salary Basis Rule, Reversing Prior July Increase.” 2024. https://www.foley.com/insights/publications/2024/11/texas-federal-court-vacates-2024-flsa-salary-basis-rule-reversing-prior-july-increase/
- U.S. Equal Employment Opportunity Commission. “Title VII of the Civil Rights Act of 1964.” https://www.eeoc.gov/statutes/title-vii-civil-rights-act-1964
- U.S. Equal Employment Opportunity Commission. “Age Discrimination in Employment Act of 1967 (ADEA).” https://www.eeoc.gov/statutes/age-discrimination-employment-act-1967
- U.S. Equal Employment Opportunity Commission. “Americans with Disabilities Act of 1990 (ADA).” https://www.eeoc.gov/statutes/americans-disabilities-act-1990
- U.S. Equal Employment Opportunity Commission. “Genetic Information Nondiscrimination Act of 2008 (GINA).” https://www.eeoc.gov/statutes/genetic-information-nondiscrimination-act-2008
- U.S. Federal Trade Commission. “Fair Credit Reporting Act (FCRA).” https://www.ftc.gov/legal-library/browse/statutes/fair-credit-reporting-act
- SC Department of Labor, Licensing and Regulation. “SC LLR.” https://llr.sc.gov/
- SC Department of Labor, Licensing and Regulation — SC OSHA. “SC OSHA.” https://llr.sc.gov/osha/
- South Carolina Human Affairs Commission. “SCHAC.” https://schac.sc.gov/
- South Carolina Department of Employment and Workforce. “Employer Resources.” https://dew.sc.gov/employers
- SC Legislature. “SC Code Title 41, Chapter 7 — Right to Work.” https://www.scstatehouse.gov/code/t41c007.php
- SC Legislature. “SC Code Title 41, Chapter 10 — Payment of Wages (§ 41-10-50).” 2025. https://law.justia.com/codes/south-carolina/title-41/chapter-10/section-41-10-50/
- SC Legislature. “SC Code Title 41, Chapter 10 — Payment of Wages (§ 41-10-80).” 2025. https://law.justia.com/codes/south-carolina/title-41/chapter-10/section-41-10-80/
- SC Legislature. “SC Code Title 41, Chapter 13 — Child Labor (§ 41-13-20).” 2024. https://law.justia.com/codes/south-carolina/title-41/chapter-13/section-41-13-20/
- SC Legislature. “SC Code Title 41, Chapter 13 — Child Labor (§ 41-13-25).” 2024. https://law.justia.com/codes/south-carolina/title-41/chapter-13/section-41-13-25/
- SC Legislature. “SC Code Title 41, Chapter 13 — Child Labor.” https://www.scstatehouse.gov/code/t41c013.php
- SC Legislature. “Bill 3226 — Minimum Wage Phased Increase.” 2025–2026 Session. https://www.scstatehouse.gov/billsearch.php?billnumbers=3226&session=126&summary=B
- SC Legislature. “Bill 3809 — Minimum Wage $17.00/hour.” 2025–2026 Session. https://www.scstatehouse.gov/billsearch.php?billnumbers=3809&session=126&summary=B
The South Carolina minimum wage is $7.25/hour — the federal rate. SC has no state minimum wage law, and municipalities cannot set a rate above the federal floor. The SC minimum wage 2026 remains $7.25/hour. Multiple bills in the 2025–2026 legislative session propose a state minimum, but none has passed as of April 2026. Workers under 20 may be paid a $4.25/hour training wage for the first 90 days of employment.
Under SC Code § 41-10-50, SC requires employers to issue final paychecks within 48 hours of termination or by the next regular payday — which may not exceed 30 days from the date of termination. For construction contractors releasing a crew at project end, the 48-hour clock starts the day of termination. Failure to comply carries a $100 civil penalty per offense; employees may also sue for three times the full amount of unpaid wages plus attorney’s fees under SC Code § 41-10-80.
No. Under South Carolina labor laws breaks rules, there is no state mandate for meal breaks or rest breaks on private employers. SC follows federal FLSA defaults: breaks under 20 minutes are compensable; breaks over 20 minutes are unpaid only if the employee is fully relieved of all duties. Most SC construction employers voluntarily offer a 30-minute lunch break. If a crew member stays on site and retains any supervisory or safety duty during that period, it’s paid work time.
Under SC Code Title 41, Chapter 13 and the FLSA, children under 14 cannot work in most settings. Ages 14–15 are limited to 3 hours/day during school sessions and cannot perform hazardous work — scaffolding, ladders, and power tools are all prohibited on construction sites. Ages 16–17 have no hour restrictions but remain barred from FLSA Hazardous Occupations including roofing, demolition, and excavation. For any SC construction employer, placing a minor under 18 on a job site without a compliance review is a material legal risk.
South Carolina follows the federal FLSA: workers earn 1.5× their regular rate for every hour over 40 in a workweek. Salaried workers earning below $684/week must receive overtime for qualifying hours. The EAP exemption applies to salaried workers at $684/week or more who primarily perform executive, administrative, or professional duties. These are the key south carolina labor laws for salaried employees to understand. The Biden-era rule raising this threshold to $1,128/week was vacated by a federal court on November 15, 2024 and never took effect. SC has no daily overtime threshold under current law. See the DOL overtime page for current thresholds. Also see Workyard’s guide to tracking overtime for construction crews.
South Carolina imposes no daily or weekly hour limit on 16 and 17-year-olds. They may work as many hours as the job requires, any day of the week. This is a significant difference from 14–15 year-olds, who are capped at 3 hours per day and 18 hours per week during school sessions. That said, hour restrictions do not override hazardous occupation rules — a 16-year-old still cannot perform roofing, demolition, or excavation work regardless of how many hours are involved, under the FLSA’s 17 Hazardous Occupations Orders.
There is no nighttime curfew for 16 and 17-year-olds in South Carolina. They can work any hours, including overnight shifts. This differs from 14–15 year-olds, who are restricted to 7 p.m. during school sessions and 9 p.m. during non-school periods (summer, vacations). For construction employers: while a 16-year-old can legally work late, they still cannot perform tasks prohibited under the FLSA Hazardous Occupations Orders, including roofing, demolition, and operation of power-driven equipment, at any hour.
Under SC Code § 41-10-80, employers face a $100 civil penalty per offense for unpaid or late wages, and employees may sue for three times the full amount of unpaid wages plus attorney’s fees. FLSA overtime violations carry back wages and liquidated damages. SC child labor violations run up to $1,000 for a first offense and up to $5,000 for repeat offenses (SC Code § 41-13-25). SC OSHA serious violations reach up to $16,550 per violation (2025 rate). Clean payroll records are the most effective protection against all of them.
