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South Carolina Labor Laws 2025

South Carolina labor law primarily follows federal standards with minimal state-specific employment requirements. The state does not have its own minimum wage law, does not require meal breaks, and has constitutional Right to Work protections.

Note: South Carolina follows the federal minimum wage of $7.25/hour and relies on federal FLSA for most labor law requirements. The state has minimal additional labor law requirements beyond federal standards.

Minimum Wage

South Carolina does not have a state minimum wage law and follows federal minimum wage requirements.

Key Requirements

  • No state minimum wage - federal minimum wage applies: $7.25 per hour
  • Tipped employees: $2.13/hour cash wage (with tip credit to reach $7.25)
  • All employers covered by FLSA must pay federal minimum wage
  • Most South Carolina employers are covered by federal FLSA
  • No scheduled increases beyond federal changes

Overtime

South Carolina follows federal overtime requirements under the FLSA with no additional state requirements.

Key Requirements

  • Overtime pay: 1.5x regular rate for hours worked over 40 in a workweek
  • No daily overtime requirement (calculated weekly)
  • Standard FLSA exemptions apply (executive, administrative, professional)
  • No state-specific overtime laws
  • Workweek is seven consecutive 24-hour periods

Meal and Rest Breaks

South Carolina does not require employers to provide meal or rest breaks for employees of any age.

Key Requirements

  • No state law requiring meal breaks
  • No state law requiring rest breaks
  • No meal break requirement even for minors (unlike most states)
  • If breaks are voluntarily provided, federal rules apply
  • Short breaks (5-20 minutes) must be paid if provided
  • Nursing mothers have right to express milk (federal requirement)

Payment of Wages

South Carolina has minimal state requirements for wage payment.

Key Requirements

  • Employers must designate regular paydays
  • No specific state requirement for pay frequency
  • Final wages: Should be paid by next regular payday or within 48 hours if requested
  • Federal recordkeeping requirements apply (FLSA)
  • Wage disputes typically handled through federal channels or civil court

Child Labor

South Carolina has restrictions on youth employment, primarily following federal law.

Key Requirements

  • Work permits may be required for minors under 16 in certain situations
  • Ages 14-15: Limited to 3 hours per school day, 18 hours per week during school
  • Ages 14-15: 8 hours per day, 40 hours per week when school not in session
  • Ages 16-17: No hour restrictions but hazardous occupation restrictions apply
  • Federal child labor laws apply

Right to Work

South Carolina is a "Right to Work" state with constitutional protection.

Key Requirements

  • Employees cannot be required to join a union as a condition of employment
  • Employers cannot require union dues or fees as a condition of employment
  • Protected by South Carolina Constitution Article I, Section 20
  • Does not prohibit unions or collective bargaining
  • Constitutional protection makes it difficult to overturn

South Carolina Constitutional Right to Work

South Carolina has strong Right to Work protections in its state constitution:

  • Protected by South Carolina Constitution Article I, Section 20
  • Workers cannot be compelled to join a union or pay union dues
  • Constitutional protection makes it more difficult to overturn than statutory law

Federal Laws Apply

Since South Carolina has minimal state-specific labor laws, employers must focus on federal compliance:

FLSA

Fair Labor Standards Act governs minimum wage, overtime, recordkeeping, and youth employment.

FMLA

Family and Medical Leave Act provides job-protected leave for eligible employees.

ADA

Americans with Disabilities Act prohibits discrimination and requires reasonable accommodations.

Title VII

Prohibits employment discrimination based on race, color, religion, sex, or national origin.

Employment-At-Will State

South Carolina is an employment-at-will state:

  • Employers can terminate employees for any lawful reason or no reason at all
  • Employees can quit at any time for any reason
  • Federal anti-discrimination laws still apply
  • Terminations cannot violate public policy or contractual agreements

Final Wage Payment

South Carolina's final wage payment guidelines:

Final wages should be paid by the next regular payday or within 48 hours if the employee requests it. While not as strict as some states, employers should ensure prompt payment to avoid disputes.

Ensure Federal Labor Compliance

Even in states with minimal additional requirements, Rightwork ensures your schedules comply with all federal labor laws including FLSA overtime, minimum wage, and child labor restrictions.

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