South Carolina keeps state wage regulation light. There is no state minimum wage law and no state overtime law, so most pay-rate questions are answered by the federal Fair Labor Standards Act. What the state does regulate closely is how and when employees are paid, through the South Carolina Payment of Wages Act. The Office of Wages and Child Labor at the South Carolina Department of Labor, Licensing and Regulation (LLR) enforces the state rules. Here is the summary for 2026.
EZTime labor rule alerts flag overtime and missed rest periods before payroll.
| Topic | Rule |
|---|---|
| Minimum wage | No state law; federal $7.25/hour applies to FLSA-covered employers; DOL |
| Tipped employees | Federal rule: $2.13/hour cash wage, tip credit up to $5.12; DOL tipped table |
| Overtime | No state law; federal 1.5x after 40 hours/week; FLSA |
| Meal and rest breaks | Not required by state law; SC LLR FAQ |
| Paid sick leave / vacation | Not required by state law; payout depends on company policy |
| Wage notice | Written notice of wages, hours and paydays at hire (employers with 5+ employees) |
| Final pay | Within 48 hours of separation or by the next regular payday, not over 30 days; S.C. Code 41-10-50 |
| Pay statements | Itemized statement of gross pay and deductions every pay period |
| Child labor | Ages 14-15: 3 hours/school day, 18 hours/school week; LLR |
South Carolina has no state minimum wage law. The U.S. Department of Labor state table notes that employers subject to the Fair Labor Standards Act must pay the current federal minimum wage of $7.25 per hour, which has been the federal rate since July 24, 2009. Because there is no state rate, there is also no state cost-of-living increase scheduled for 2027. LLR's own labor standards brochure refers minimum wage and overtime questions to the U.S. Department of Labor's Wage and Hour Division.
For tipped workers, the federal rule applies. The DOL tipped wage table lists South Carolina with a minimum cash wage of $2.13 per hour, a maximum tip credit of $5.12 and a definition of tipped employee as someone who receives more than $30 a month in tips. If cash wage plus tips does not reach $7.25 per hour in a workweek, the employer must make up the difference.
We found no local minimum wage ordinances for private employers on the official sources reviewed for this guide. Contact LLR if you are unsure whether any local rule applies to your business.
There is no separate South Carolina overtime statute. Under the FLSA, covered non-exempt employees must be paid at least one and one-half times their regular rate of pay for hours over 40 in a workweek. There is no daily overtime rule. Exemptions (executive, administrative, professional, outside sales and others) follow federal tests. Review our FLSA overtime guide for the details and use the overtime calculator to check paychecks that include bonuses or shift differentials.
LLR's frequently asked questions answer this directly: "There is no requirement under South Carolina law for an employer to provide employees with breaks or a lunch period." That applies to adults and minors alike under state law. Many employers still offer breaks for safety and morale. If you do, apply the policy in writing so employees and supervisors know when breaks happen and whether they are paid, and check the federal rules on paying for short breaks.
South Carolina does not require private employers to provide paid sick leave, vacation or other benefits. LLR states that "state law does not require an employer to provide an employee with benefits." Whether unused vacation or sick time is paid out when someone leaves "depends on the company's policy." That makes the written policy the controlling document, so spell out accrual, carryover and payout rules clearly. Federal laws such as the Family and Medical Leave Act may apply to larger employers. If you offer paid time off, the PTO accrual calculator can help you set a fair accrual rate.
The South Carolina Payment of Wages Act (S.C. Code Title 41, Chapter 10) is the state's most important wage law for employers.
Under section 41-10-30, employers must notify each employee in writing at the time of hiring of the normal hours and wages agreed upon, the time and place of payment and any deductions that will be made, including insurance. The notice may also be given by posting it at or near the workplace. Changes to these terms must be given in writing at least seven calendar days before they take effect, except for wage increases. The notice requirement does not apply to employers of domestic labor in private homes or to employers that had fewer than five employees at all times during the previous twelve months.
South Carolina does not set a minimum pay frequency. The DOL payday table explains that the employer must pay on the normal time and at the place of payment it has established, and LLR's brochure says employees are entitled to full and timely payment of all wages earned on the regularly scheduled paydays. Wages must be paid in U.S. currency or by check or negotiable warrant dated the payday, and direct deposit is allowed if employees receive a statement of earnings and withholdings.
An employer may not withhold or divert any part of an employee's wages unless it is required or permitted by state or federal law, or the employer has given the employee written notice of the deduction under the hiring notice rules.
When an employee leaves the payroll for any reason, section 41-10-50 requires the employer to pay all wages due within 48 hours of separation or by the next regularly scheduled payday, which may not be more than 30 days after separation.
Violations of the notice section bring a written warning for a first offense and a civil penalty of up to $100 for each later violation. Failing to pay wages as required carries a civil penalty of up to $100 per violation. In a lawsuit over unpaid wages, an employee may recover three times the unpaid amount plus costs and reasonable attorney's fees, and suits may be filed within three years.
State law allows minors as young as 14 to work in South Carolina. The LLR child labor page lists these limits for 14- and 15-year-olds:
| Period | Daily limit | Weekly limit | Hours of the day |
|---|---|---|---|
| School in session | 3 hours | 18 hours | 7 a.m. to 7 p.m. |
| School not in session | 8 hours | 40 hours | 7 a.m. to 9 p.m. |
Fourteen- and fifteen-year-olds may not work during school hours. Minors 16 and older are exempt from the state hour and scheduling restrictions, but all workers under 18 are barred from hazardous occupations as defined in the 17 Hazardous Occupations Orders under the FLSA. LLR's pages do not describe a state work permit, so contact the Office of Wages and Child Labor with paperwork questions.
Every employer must keep records of employee names and addresses, wages paid each payday and deductions, and keep them for three years. Each pay period, employees must receive an itemized statement showing gross pay and deductions. Federal timekeeping rules also apply to FLSA-covered employers.
LLR offers an all-in-one workplace poster that covers the Payment of Wages Act, child labor, right-to-work, immigrant worker and safety and health notices. Download it free, display it where employees can see it, and pair it with the required federal posters.
With a 48-hour final pay window and treble damages for unpaid wages, South Carolina employers need hours they can trust. EZTime tracks time with a GPS mobile time clock with geofencing, NFC tags, a tablet kiosk or biometric clocks, and sends overtime and break alerts before a week goes past 40 hours. Scheduling with shift templates and swaps keeps teen hours within limits, PTO and sick-leave balances follow your own policy, and payroll-ready Excel and PDF exports work with any payroll software. Review the attendance clock options and pricing, starting at $2 per employee per month with a 14-day trial.
This guide is general information, not legal advice. Laws change; check the SC LLR Office of Wages and Child Labor or an employment attorney. Last reviewed November 2026.
No. South Carolina has no state minimum wage law, so employers covered by the Fair Labor Standards Act must pay the federal minimum of $7.25 per hour.
No. LLR states there is no requirement under South Carolina law for an employer to provide breaks or a lunch period.
All wages due must be paid within 48 hours of separation or by the next regularly scheduled payday, which may not be more than 30 days later.
State law does not require employers to provide vacation or sick leave, and whether unused time is paid out depends on the company’s policy.
During the school year, 14- and 15-year-olds may work up to 3 hours a day and 18 hours a week between 7 a.m. and 7 p.m. When school is out, the limits are 8 hours a day and 40 a week, until 9 p.m.