Navigating labor laws is crucial for employers to maintain compliance and foster a positive workplace. As of 2025, South Carolina’s labor laws continue to align closely with federal standards, with some notable state-specific regulations.
This guide provides a comprehensive overview of the key labor laws employers in South Carolina should be aware of.
Minimum Wage and Overtime
Minimum Wage
South Carolina does not have a state-specific minimum wage law. Therefore, the federal minimum wage of $7.25 per hour applies to most employees in the state. Employers must comply with this federal rate unless a higher wage is established under federal contracts or other specific federal regulations.
Overtime Pay
Employers are required to pay overtime at a rate of 1.5 times the regular hourly wage for hours worked over 40 in a workweek, in accordance with the federal Fair Labor Standards Act (FLSA). Certain employees, such as executive, administrative, and professional employees earning at least $684 per week, may be exempt from overtime pay.
Work Hours and Breaks
Work Hours
While South Carolina does not explicitly define full-time employment, it is generally understood that full-time employees work between 35 and 40 hours per week.
Breaks and Meal Periods
South Carolina law does not mandate meal or rest breaks for employees. However, if an employer provides breaks, rest breaks of 20 minutes or less must be paid, while meal periods of 30 minutes or more do not have to be paid, provided the employee is relieved of all duties.
Hiring and Termination
At-Will Employment
South Carolina adheres to the at-will employment doctrine, meaning employers can terminate employees at any time, for any reason, unless prohibited by law. Similarly, employees are free to leave their employment without notice.
Final Paychecks
When an employee is terminated or resigns, employers must provide the final paycheck within 48 hours or by the next scheduled payday, whichever is sooner. This paycheck must include all earned wages, including any accrued vacation or sick leave, if applicable.
Employee Benefits
Paid Leave
South Carolina law does not require employers to provide paid vacation or sick leave. However, if an employer offers these benefits, they must adhere to their own policies and ensure they are applied consistently and without discrimination.
Family and Medical Leave
Employers with 50 or more employees must comply with the Family and Medical Leave Act (FMLA), which provides eligible employees with up to 12 weeks of unpaid, job-protected leave for certain family and medical reasons.
Child Labor Laws
In South Carolina labor law, minors aged 14 and 15 are permitted to work under certain conditions:
- During school weeks, they can work up to 3 hours per day and 18 hours per week.
- During non-school weeks, they can work up to 8 hours per day and 40 hours per week.
Additionally, they are restricted to working between 7:00 AM and 7:00 PM during the school year, and until 9:00 PM during summer months.
Workplace Safety
Workplace safety standards in South Carolina are governed by the Occupational Safety and Health Administration (OSHA). Employers must ensure a safe working environment and comply with all applicable safety regulations. Employers should report any workplace injuries or fatalities to the South Carolina branch of OSHA.
Anti-Discrimination Laws
South Carolina prohibits employment discrimination based on race, color, religion, sex, age, national origin, or disability under the South Carolina Human Affairs Law (SCHAL). Employers with 15 or more employees must comply with these provisions.
E-Verify Requirement
All employers in South Carolina are required to use the E-Verify system to confirm the employment eligibility of new hires. This system helps ensure that employees are legally authorized to work in the United States.
Upcoming Changes: Minimum Wage Increase
While the current minimum wage in South Carolina aligns with the federal rate of $7.25 per hour, legislation has been introduced to gradually increase the state minimum wage starting in 2026. The proposed increases are as follows:
- $8.75 per hour beginning January 1, 2026
- $9.75 per hour beginning January 1, 2027
- $10.10 per hour beginning January 1, 2028
- Subsequent annual increases based on the Consumer Price Index for Urban Wage Earners and Clerical Workers, not seasonally adjusted, for the South Region.
Employers should stay informed about these changes to ensure compliance when they take effect.
Conclusion
Understanding and adhering to South Carolina’s labor laws is essential for employers to maintain legal compliance and foster a positive work environment. By staying informed about current regulations and upcoming changes, employers can ensure they meet their obligations and support their employees effectively.
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