SC · state labor law, 2026
South Carolina labor laws: minimum wage, overtime, leave, final pay and breaks
South Carolina leaves the wage floor to Congress and concentrates its own law on when and how wages are paid.
South Carolina and federal rules checked on official sources on · Checked by Radif Partners · How we calculate
- Minimum wage now
- $7.25/h
- federal floor applies
- Next change
- none announced
- checked October 11, 2026
- Tipped cash wage
- $2.13/h
- tips must make up the rest
- Overtime
- 40 h/week
- federal FLSA rule
- Paid sick leave
- no state law
- employer policy
- Paid family leave
- no program
- FMLA is unpaid
South Carolina has no minimum wage law of its own, so the federal $7.25 an hour applies to employers covered by the Fair Labor Standards Act, and the tipped cash wage is the federal $2.13. Full time at that rate pays $15,080 a year before taxes. Overtime also comes from federal law: time and a half after 40 hours in a workweek, and an exemption salary of at least $684 a week. The state does not require paid sick days and has no paid family leave program. Where South Carolina writes its own rules is the Payment of Wages Act: an employer must tell you in writing at hiring what you will be paid and when, give seven days' written notice before changing those terms, and pay all wages due within 48 hours of separation or by the next regular payday, never more than 30 days later. Wages withheld in breach of that law can cost the employer three times the amount.
Gross pay for this week in South Carolina
$290
Time and a half after 40 hours in a week (federal rule)
| Minimum wage in South Carolina now | $7.25 an hour (federal floor) |
| Your rate against it | At or above the minimum |
| Overtime: none this week | $0 |
| Paid sick leave earned in a year | No statewide paid sick leave law |
| Breaks owed in a 8-hour shift | None required for adults |
| Final paycheck if fired | within 48 hours of separation or by the next regular payday, which may not exceed 30 days |
| Unused vacation at the end | Paid out if the employer policy or contract says so |
| Paid family leave | No state program |
40 hours a week at $7.25. State rule applied. Minimum wage, overtime and leave rules have exceptions by employer size and industry. How this is calculated.
A state law about paying wages, not setting them
The U.S. Department of Labor's state table lists South Carolina among the states with no minimum wage statute, so the federal rate of $7.25 is the floor for covered employers. What the legislature did pass is the South Carolina Payment of Wages Act, Title 41, Chapter 10 of the state code. It governs the mechanics of pay rather than the amount. At hiring, the employer must give each employee written notice of the normal hours, the wage, the time and place of payment and any deductions. A change to any of those terms must be put in writing at least seven calendar days before it takes effect. A pay cut announced on a Monday for the same week does not meet that standard.
Leaving a job and the triple damages rule
When employment ends for any reason, the employer must pay all wages due within 48 hours or by the next regular payday, and that payday may not be more than 30 days away. Vacation, holiday and sick pay count as wages only when a policy or employment contract makes them due, so a handbook that promises a payout of unused vacation turns that balance into wages under the Act.
The enforcement clause is what makes the statute matter. An employee who is not paid can sue and recover three times the unpaid wages, plus costs and reasonable attorney's fees. If $1,200 in final wages is withheld without a valid reason, the exposure becomes $3,600 before fees. Courts look at the facts of each case, and an employment lawyer can say whether a claim fits. Final paycheck rules elsewhere rarely carry a multiplier this high.
If you were let go today
Employment rule
At will
| Final pay | within 48 hours of separation or by the next regular payday, which may not exceed 30 days |
| Unused vacation | per written policy |
| Right-to-work state | yes |
Overtime is federal, week by week
With no state overtime statute, the FLSA decides. A forklift operator paid $17 an hour who works five 10-hour days reaches 50 hours; the week pays $680 for the first 40 hours and $255 for 10 overtime hours, $935 in total. Long days alone do not create overtime, and weeks cannot be averaged. Salaried staff must meet the federal duties test and earn at least $684 a week to be exempt. Overtime laws by state show where daily rules exist.
Leave, unions and dismissal
South Carolina requires no paid sick leave from private employers and has no state paid family leave insurance. Unpaid job-protected leave comes from the federal FMLA: up to 12 weeks for eligible employees at employers with 50 or more workers. The state code also protects the right to work without joining or paying a union, and employment is at will, which means an employer can end it for almost any lawful reason but not for one forbidden by statute.
South Carolina employment rules at a glance, 2026
Minimum wage schedule
| From | Who it covers | Rate | Note |
|---|---|---|---|
| July 24, 2009 | Statewide (federal minimum) | $7.25 | No state minimum wage law; federal FLSA rate applies |
South Carolina has no state rate above the federal floor, so employers covered by the Fair Labor Standards Act pay at least $7.25 an hour. Read the South Carolina rule.
Overtime
Time and a half after 40 hours in a week. The salary test for exempt employees is the federal $684 a week. No state overtime law; federal FLSA applies.
Sick leave and family leave
South Carolina has no statewide paid sick leave law for private employers; leave depends on the employer's policy or a city ordinance. No statewide paid sick leave law for private employers.
No state paid family leave insurance: the federal FMLA gives eligible workers up to 12 weeks of unpaid, job-protected leave.
Final paycheck and unused vacation
Fired or laid off: within 48 hours of separation or by the next regular payday, which may not exceed 30 days. Quitting: same rule (applies to separation for any reason). Vacation: Vacation, holiday and sick pay count as wages only when due under the employer's policy or employment contract.. source vacation rule
Meal and rest breaks
No meal break is required for adults by state law. No paid rest break is required for adults.
Unions and dismissal
South Carolina is a right-to-work state: a union contract cannot require you to pay dues or fees to keep your job. Employment is at will: either side may end it at any time, except for an illegal reason such as discrimination or retaliation, or against a contract. source