South Carolina Labor Laws (2025 Guide)

What’s New in 2025

No significant updates to South Carolina employment laws are currently scheduled for 2025.

Labor Law Posters

Federal labor law posters
State labor law posters

Wage and Hour Laws

Minimum Wage

South Carolina doesn’t have a state minimum wage law, so the federal minimum wage of $7.25 per hour applies to most employees. 

There’s no separate youth wage, so federal youth wage laws apply to covered employers. Under the federal Fair Labor Standards Act (FLSA), employees under the age of 20 may be paid a youth minimum wage of $4.25 an hour for the first 90 calendar days after their employment begins—or until they turn 20, whichever comes first.

In South Carolina, local governments can’t establish their own minimum wage rates. 

Tipped Minimum Wage

South Carolina follows the federal rules for tipped minimum wage. The federal tipped wage rate is $2.13 per hour, so employers can pay tipped employees $2.13 per hour and claim a tip credit of up to $5.12 per hour—as long as the employee’s total earnings (including tips) meet or exceed the federal minimum wage. If the combination of tips and the tipped wage doesn’t equal $7.25 per hour, the employer must make up the difference.

Overtime Laws

South Carolina has no state-specific overtime laws, so employers must comply with the federal FLSA. This means that employees are entitled to overtime pay at 1.5 times their regular hourly rate for any hours worked over 40 in a single workweek. 

Some employees are exempt from federal overtime requirements, including:

• Executive, administrative, and professional employees making at least $684 a week.
• Certain computer employees and outside sales employees.
• Specific categories such as seasonal amusement or recreational establishment employees.

Break Laws

Meal and Rest Breaks

South Carolina doesn’t have laws requiring meal or rest breaks for employees. Federal rules also don’t require meal or rest breaks. 

FLSA-covered employers that choose to offer breaks must follow the FLSA’s requirements. Namely, breaks less than 20 minutes must be paid, while longer breaks don’t have to be paid as long as the employee is fully relieved of work duties. 

South Carolina does require employers to provide reasonable break times for employed mothers who need to express breast milk. Alternatively, they can permit these employees to use paid break or meal times for this purpose.  

Recordkeeping Requirements

In South Carolina, there are no separate state recordkeeping requirements for private employers, so federal rules under the FLSA govern these obligations.

Under the FLSA, covered employers must maintain accurate records of the following:

• Employee names. 
• Social Security Numbers.
• Full addresses.
• Birth dates for employees under 19.
• Genders and occupations.
• Time and day of the week when each employee’s workweek begins.
• Hours worked each day and workweek.
• Basis on which each employee’s wages are paid (e.g., hourly, weekly, piecework).
• Regular hourly rates.
• Total daily or weekly straight-time earnings, plus weekly overtime earnings.
• Anything added to or deducted from wages.
• Payment details, including date, total wages, and pay period.

There are no additional state-level exemptions beyond those in the FLSA, which include exemptions for executive, administrative, professional, outside sales, and certain computer employees. 

Scheduling Laws

South Carolina doesn’t have any laws or regulations requiring predictive scheduling, fair scheduling, or related local scheduling mandates imposing advance notice of schedules or penalty requirements for last-minute changes.

There are also no local-level scheduling laws.

Employee Compensation and Benefits

Reporting Time Pay

South Carolina doesn’t have any laws requiring pay in cases where employees report to work but aren’t given a full shift. This means employers are required to pay employees for the actual hours they work only, with no additional pay required for showing up to work when there’s no work to do.

Payday Frequency and Method

In South Carolina, there are no specific payday frequency requirements under state wage payment law, so employers can determine how often they pay their employees. Employers must ensure that payment is made on the regular payday. 

South Carolina law requires that wages be paid in cash or by check—or by direct deposit if the employee consents. 

Paystub Requirements

Employers with more than 5 employees must provide a written, printed, or electronic statement of earnings that includes:

• The employee’s gross wages.
• Deductions for taxes and other authorized items.
• The employee’s net pay.

If an employee doesn’t agree to electronic delivery, the employer must provide a physical wage statement.

Wage Deductions and Garnishments

In South Carolina, employers may make wage deductions only if they’re:

• Required by law (such as federal or state tax withholdings).
• Ordered by a court (such as child support or garnishments).
• Authorized in writing by the employee (such as for insurance premiums or retirement contributions).

Employers can’t make deductions that would reduce an employee’s wages below the minimum wage unless these deductions are legally required.

When it comes to wage garnishments, South Carolina follows the federal Consumer Credit Protection Act (CCPA) limits. These federal rules restrict how much can be garnished from an employee’s paycheck for debts. These amounts are based on disposable earnings: what remains after legally required deductions are made. Here are the maximum amounts:

• Generally, up to 25% of disposable earnings.
• Alternatively, the amount by which disposable earnings exceed 30 times the federal minimum wage.

Whichever amount is less is the applicable amount. 

These federal garnishment limits apply to most types of wage garnishments, including those for consumer debts, but special rules apply for child support, bankruptcy orders, and certain tax debts.

Final Paycheck Laws

In South Carolina, employers must pay a terminated employee’s final wages no later than 48 hours after the date of separation or by the next regular payday—whichever comes first. This applies whether the employee was terminated voluntarily or involuntarily.

Employers must include all wages due, such as regular pay, overtime, and any earned but unused vacation pay if the employer’s policy treats vacation as wages. 

Workers’ Compensation

South Carolina’s workers’ compensation system is governed by the South Carolina Workers’ Compensation Act, and it covers most employers and employees in the state. 

Almost all South Carolina employers with 4+ employees are required to have workers’ compensation insurance. This includes full-time, part-time, and seasonal workers, as well as family members. Certain exceptions apply, such as agricultural employees, railroad workers, and some casual employees. Employers can obtain coverage by purchasing a policy through a private insurance carrier or by qualifying to self-insure.

When a workplace injury occurs, employees are entitled to various benefits, including:

• Medical treatment for the injury, with no out-of-pocket costs for the employee.
• Temporary total disability benefits, which are generally two-thirds of the employee’s average weekly wages if they can’t work.
• Temporary partial disability benefits if they can return to work but with reduced earnings.
• Permanent partial or total disability benefits for lasting impairments.
• Death benefits for dependents if a worker dies as a result of a work-related injury.

Employers must report injuries to their insurance carrier and the South Carolina Workers’ Compensation Commission (WCC) within 10 days of gaining knowledge of the injury. Employees should report the injury to their employer within 90 days to protect their right to benefits.

Disputes about workers’ compensation claims can be resolved through the WCC’s informal conference process or a formal hearing. If an employee disagrees with a decision, they have 14 days to file a request for a commission review. Further appeals can be made to the state Court of Appeals and then to the South Carolina Supreme Court if needed.

Unemployment Insurance

Unemployment insurance in South Carolina provides temporary financial assistance to eligible workers who’ve lost their jobs. Administered by the South Carolina Department of Employment and Workforce (DEW), the program aims to help individuals meet basic needs while they look for new work.

To qualify for unemployment benefits in South Carolina, claimants must:

• Be unemployed or working reduced hours through no fault of their own.
• Have earned enough wages during a base period, typically the first 4 of the last 5 completed calendar quarters.
• Be able and available to work and actively seeking suitable employment.
• Accept any suitable work offer they receive. 

Benefit amounts vary depending on the claimant’s earnings history, with a maximum weekly benefit of $350 as of 2025. The standard benefit duration is up to 20 weeks, but federal programs may extend this duration during times of high unemployment.

To apply, a worker must file a claim with the DEW online or by phone. They must continue to file weekly claims to remain eligible and report any work or earnings during the benefit period. The DEW also provides job search assistance through SC Works centers and other workforce development resources.

Employers fund the unemployment insurance program through state unemployment taxes. Employers also play a role in verifying separation reasons during the claim process.

The DEW resolves disputes about eligibility and benefit amounts. Appeals of initial determinations must be filed within 10 calendar days, and further appeals can be made to the South Carolina Administrative Law Court and the South Carolina Court of Appeals if needed.

Workplace Rights and Protections

Discrimination and Harassment

South Carolina employees are protected from workplace discrimination and harassment based on several characteristics. Both state and federal anti-discrimination laws cover most employers with 15 or more employees. Under state law and federal protections, these characteristics include:

• Race.
• Color.
• Religion.
• National origin.
• Sex (including pregnancy, childbirth, or related medical conditions).
• Age (40 or older).
• Disability.

South Carolina’s Human Affairs Law generally aligns with federal protections found in Title VII of the Civil Rights Act, the Age Discrimination in Employment Act (ADEA), and the Americans with Disabilities Act (ADA).

The South Carolina Human Affairs Commission (SCHAC) is the key state agency that enforces these state anti-discrimination laws. It has a work-sharing agreement with the federal Equal Employment Opportunity Commission (EEOC), so complaints can be dual-filed with both agencies.

Employees who believe they’ve been discriminated against or harassed can file a complaint with SCHAC within 180 days of the alleged violation. The process typically involves an investigation by the agency, which may include interviews, document requests, and mediation attempts. If the complaint falls under federal law, employees can file a charge with the EEOC within 300 days.

Employers must take reasonable steps to prevent and address workplace discrimination and harassment. This includes having clear policies, providing training, and investigating complaints promptly and thoroughly. Employers who violate these laws risk liability and significant penalties.

Leave Laws

𐄂 Family and Medical Leave	South Carolina doesn’t have its own family and medical leave law, but employers covered by the federal Family and Medical Leave Act (FMLA) must comply with its requirements.  FMLA applies to employers with 50 or more employees within 75 miles and provides eligible employees with job-protected leave. This leave can last up to 12 weeks in a 12-month period. It can be used for a range of family and medical reasons, including: • Birth or adoption of a child, or placement of a foster child. • Caring for a spouse, child, or parent with a serious health condition. • The employee’s own serious health condition. • Certain needs arising from a family member’s military service (leave can be extended to 26 weeks for providing care for injured or ill family members who are service members or recent veterans). Eligible employees must’ve worked for the employer for at least 12 months and at least 1,250 hours in the previous year. FMLA leave is unpaid, but employees can use accrued paid leave if allowed by the employer’s policies. Health benefits must continue during the leave.
𐄂 Paid Sick Leave	South Carolina doesn’t require employers to provide paid sick leave.
𐄂 Paid Family Leave	There’s no state-mandated paid family leave in South Carolina.
𐄂 Pregnancy and Parental Leave	South Carolina doesn’t require paid pregnancy or parental leave. However, protections for pregnancy-related conditions fall under federal law and state anti-discrimination rules.  For instance, employers covered by the Pregnant Workers Fairness Act and the ADA must provide reasonable accommodations, including unpaid leave, for pregnancy, childbirth, or certain related medical conditions—unless doing so would create an undue hardship for the employer. Also, FMLA leave can be used for pregnancy or to care for a newborn child.
𐄂 Vacation and Personal Leave	Vacation and personal leave aren’t required by South Carolina law, leaving it up to employers to decide whether to offer these benefits.

Other Mandatory Leave

South Carolina also mandates these other forms of leave:

Military Leave

South Carolina employers must comply with the federal Uniformed Services Employment and Reemployment Rights Act (USERRA), which provides: • Unpaid leave for military service, training, or obligations. • Job protection and reinstatement rights upon return from service, provided the employee meets the law’s requirements. • Continued benefits coverage for up to 24 months while on military leave. State law mirrors USERRA, reinforcing these rights and protecting service members from discrimination based on military status. Moreover, state employees are entitled to 15 days of paid leave for training and an additional 30 days for emergency deployments.

Jury Duty Leave

Employers in South Carolina must allow employees to take leave for jury duty. Key points include: • Employees can’t be fired or disciplined for serving on a jury. • Employers aren’t required to pay employees for time spent on jury duty. • Employees must provide reasonable notice of jury duty service.

Child Labor Laws

South Carolina’s child labor laws are closely aligned with federal rules under the FLSA. Minors don’t need work permits, but employers must verify their minor employees’ ages and keep records to ensure compliance. 

In South Carolina, the minimum working age for non-agricultural employment is 14. Minors under 14 generally can’t work, except in very limited circumstances like entertainment, non-hazardous farm jobs (with parental consent), non-hazardous work for their parents’ business, or newspaper delivery (minors may work newspaper routes at any age).

Minors aged 14 and 15 may not perform the following work tasks: 

• Warehousing and storage.
• Car repair.
• Public utility duties.
• Work involving the use of ladders or scaffolding. 
• Work involving food preparation.
• The use of grinders.
• The operation of lawnmowers and golf carts. 

They also may not practice any hazardous occupation as defined under the 17 Hazardous Occupations Orders of the FLSA. 

Minors aged 16 and 17 may perform any work task except for the 17 hazardous occupations mentioned above. 

Minors aged 14 and 15 have the following hour and scheduling restrictions:

When school is in session	• 3 hours per day and 18 hours per week. • Between 7am and 7pm.
When school isn’t in session	• Up to 8 hours per day and 40 hours per week. • Between 7am and 9pm.

These restrictions don’t apply to minors aged 16 and 17. 

Employers who violate child labor laws can be issued a warning or fined up to $1,000 on their first violation, and they may be fined up to $5,000 for each subsequent offense. 

Workplace Safety and Health

South Carolina has its own state occupational safety and health program, known as the South Carolina Occupational Safety and Health Administration (SC OSHA). Here’s an overview of how it works:

South Carolina OSHA covers most private and public sector workplaces in the state. This state-run program replaces federal OSHA jurisdiction in these workplaces, although federal OSHA retains authority in certain areas, such as federal workplaces and maritime industries.

Employers in South Carolina must establish clear safety policies and provide ongoing workplace safety training to ensure they meet their legal obligations. They also must:

• Provide a safe and healthful workplace free of recognized hazards.
• Comply with all applicable SC OSHA safety and health standards.
• Post the official SC OSHA poster to inform workers of their rights and employer responsibilities.
• Keep records of work-related injuries and illnesses if required (this is usually required for employers with 11 or more employees in certain industries).
• Report work-related fatalities to SC OSHA within 8 hours and report work-related hospitalizations, amputations, or any losses of eyes within 24 hours.

Employees in South Carolina have the right to:

• Work in an environment free of recognized hazards.
• Report unsafe conditions to their employer or SC OSHA without fear of retaliation.
• Receive information and training about workplace hazards and protections.

SC OSHA offers resources and outreach programs to help employers improve workplace safety, including free safety consultations and training materials.

If an employee believes workplace safety standards aren’t being met, they can file a confidential complaint with SC OSHA, which will investigate and may issue citations and fines if violations are found.

Labor Union Regulations

South Carolina is a right-to-work state. This means:

• Employees have the right to join a union or refrain from joining one.
• Employers can’t require union membership or payment of union dues as a condition of employment.
• Employees who choose not to join a union aren’t obligated to pay “agency fees” or similar payments.

Union membership rules in South Carolina are generally governed by federal law through the National Labor Relations Act (NLRA), which protects workers’ right to:

• Form, join, or assist labor organizations.
• Bargain collectively through representatives of the employees’ own choosing.
• Engage in other activities for mutual aid or protection.

Federal law also prohibits employers from interfering with, restraining, or coercing employees in the exercise of these rights.

Employment Contracts and Severance

Employment Contract Laws

South Carolina is an at-will employment state. This means that, in most cases, either the employer or the employee can terminate the employment relationship at any time and for any reason, as long as the reason isn’t illegal (such as discrimination or retaliation for whistleblowing). Employment contracts may void the at-will presumption. 

Restrictive covenants—such as non-compete or non-solicitation agreements—are enforced by South Carolina courts only under strict conditions:

• The agreement must be supported by valuable consideration (such as continued employment or a promotion).
• The restrictions must be reasonably limited in time and geographic scope.
• The restrictions must protect a legitimate business interest, like trade secrets or customer relationships.
• The agreement must not be contrary to public policy.

Courts in South Carolina generally scrutinize non-compete agreements closely and won’t enforce them if they’re overly broad or not truly necessary to protect an employer’s legitimate business interests.

Severance Pay

Severance pay isn’t required in South Carolina. Employers that offer it should follow any relevant contractual terms or established policies.  

Additional State-Specific Employment Laws

Mini-COBRA

South Carolina has a Mini-COBRA law that requires continuation of health insurance coverage for employees of small businesses (those with fewer than 20 employees) when federal COBRA doesn’t apply: • This coverage can last for up to 6 months after the qualifying event. • Employees must pay the full premium (both the employee and employer share). • Employers and insurers must provide notice to employees about their continuation rights when coverage ends. • Employees must’ve been covered by the group policy for at least 6 months to qualify.

Employment References Immunity

South Carolina law grants employers immunity from civil liabilities for truthful employment recommendations.

Legal Resources for Employers and Employees

Here are some helpful resources for navigating labor laws in South Carolina: 

• South Carolina Department of Labor, Licensing and Regulation (LLR): Oversees workplace safety, licensing, and labor standards in South Carolina.
• South Carolina Legal Services: Provides free civil legal assistance to low-income South Carolinians, including for workplace issues.
• South Carolina Workers’ Compensation Commission (WCC): Manages workers’ compensation claims, disputes, and appeals in the state.

Disclaimer

The information presented on this website about labor laws in South Carolina is a summary for informational purposes only and is not intended as legal advice. However, laws and regulations regularly change and may vary depending on individual circumstances. While we have made every effort to ensure the information provided is up to date and reliable, we cannot guarantee its completeness, accuracy, or applicability to your specific situation. Therefore, we strongly recommend that readers seek guidance from their legal department or a qualified attorney to ensure compliance with applicable laws and regulations. Please note that we cannot be held liable for any actions taken or not taken based on the information presented on this website.