"A fair day's wage for a fair day's work: it is as just a demand as governed men ever made of governing. It is the everlasting right of man." Thomas Carlyle, Scottish Author and Philosopher

"If a man or a woman puts in an honest day's work, they should be able to earn a living wage." Richard J. Codey, Politician

"It is but equity...that they who feed, clothe and lodge the whole body of the people, should have such a share of the produce of their own labor as to be themselves tolerably well fed, clothed and lodged." Adam Smith, The Wealth of Nations, 1776

"Wages are determined by the bitter struggle between capitalist and worker." Karl Marx, German political and economic philosopher

South Carolina Wage Laws

“Honest Wages for an Honest Day’s Work!”

General

The Fair Labor Standards Act (“FLSA” or Act) requires that most employees in the United States be paid at least the federal minimum wage (i.e., $7.25/hour) for all hours worked and overtime pay at time and one-half the regular rate of pay for all hours worked over 40 in a workweek, except for those employer’s employees exempted under the Act.

Additionally, most states have their own minimum wage laws and rates. A few states in the southern part of the United States have no minimum wage rate. In either case, non-exempted employees are entitled to receive the greater of the federal or state minimum wage rate. Thus, in those states with no minimum wage requirement, covered employees are entitled to receive the federal minimum wage rate of $7.25/hour.


I. State Minimum Wage

South Carolina does not have a state minimum wage rate. Therefore, the federal minimum wage rate of $7.25/hour is applicable to covered employees.

Overtime Pay

The FLSA generally requires that non-exempt employees working more than 40 hours a week be compen­sated at a rate of one-and-a half times their regular rate of pay for any time exceeding 40 hours in the workweek. An employer is not allowed to average an employee’s work hours during a workweek over a two or more week period. Overtime payments need not be made to exempt or non-covered workers; only to non-exempt, covered employees.

Employer and Employees cannot agree to waive overtime Pay. The FLSA overtime requirement may not be waived by agreement between the employer and an employee. Anytime, an employer requires or permits an employee to work overtime, they are than generally required to pay the employee additional pay for overtime work. Also, an announcement by your employer that no overtime work will be permitted, or that overtime work will not be paid for unless authorized in advance, will generally also not prevent your employer from owing you overtime pay if your employer had knowledge of you working overtime.


II. State Employer Exemptions: Executive, Administrative and Professional

  • Overtime: None
  • Minimum wage: None

However, employer exemptions exist and are available to some employers under the federal wage law (See “Employer Exemptions” located on the homepage under the “Employee Resource Center”).


III. Meal Break Requirements

  • None


IV. Rest Break Requirements

  • None


V. State Contact Information

Department of Labor

Licensing &. Regulation

P.O. Box 11329

Columbia, SC 29211-1329

Phone: (803) 896-4300

Fax: (803) 896-4393

E-mail: contactllr@llr.sc.gov

Web site: http://www.llr.state.sc.us/


Columbia District Office

US Dept. of Labor

ESA Wage & Hour Division

Federal Building, Room 1072

1835 Assembly Street

Columbia, SC 29201-9863

Phone: 1-866-4-USWAGE


Are you covered by the federal wage Law?

For starters, to determine if you maybe covered by the Fair Labor Standard Act, you are encouraged to take the three minute "Step 1: Wage Law Test" found on the upper right-hand side of this webpage.


Does your employer owe you wages?

To determine if your employer may owe you wages under the Fair Labor Standard Act, take the two minute "Step 2: Wage Owed Test" found on the upper right-hand side of this webpage.


Do you believe you have a wage and hour claim?

If you believe that your existing or former employer may have violated your legal rights as an employee by failing to pay you "honest wages for an honest day's work" please feel free to contact the law firm of JonesSatreWeimer for a free consultation (Need a lawyer?).