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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.

State

South Carolina

Before taxes, without tips.

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 itAt or above the minimum
Overtime: none this week$0
Paid sick leave earned in a yearNo statewide paid sick leave law
Breaks owed in a 8-hour shiftNone required for adults
Final paycheck if firedwithin 48 hours of separation or by the next regular payday, which may not exceed 30 days
Unused vacation at the endPaid out if the employer policy or contract says so
Paid family leaveNo 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 paywithin 48 hours of separation or by the next regular payday, which may not exceed 30 days
Unused vacationper written policy
Right-to-work stateyes
Final paycheck calculator →

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

South Carolina minimum wage rows for 2026 and any announced 2027 rate. No state minimum wage law: the federal $7.25 applies to employers covered by the FLSA.
FromWho it coversRateNote
July 24, 2009Statewide (federal minimum)$7.25No 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

Also worth knowing in South Carolina

  • Employers who fail to pay wages due can owe three times the unpaid wages plus attorney's fees in a civil action. source
  • Employers must tell each employee in writing at hiring the normal hours, wages, time and place of payment and deductions; changes need 7 days' written notice. source

Questions people ask

Does South Carolina have its own minimum wage?

No. South Carolina has no minimum wage statute, so employers covered by the federal Fair Labor Standards Act must pay $7.25 an hour. Tipped employees can receive a cash wage of $2.13 if tips bring them to $7.25. Workers outside federal coverage, a small group, have no wage floor under state law.

How soon must an SC employer pay final wages?

Within 48 hours of the separation or by the next regular payday, and that payday may not be more than 30 days after the job ends. The rule applies whether you quit, are fired or are laid off. Vacation or holiday pay is included only if the employer policy or your contract makes it due. Unpaid wages can lead to a civil action.

Can a South Carolina employer cut my pay without notice?

Not without written warning. The Payment of Wages Act requires employers to notify employees in writing of any change to wages, hours, pay dates or deductions at least seven calendar days before the change takes effect. A change given with less notice can be raised as a wage complaint, and the written notice you received at hiring is the reference point for what was promised.

What happens if an employer in South Carolina refuses to pay wages owed?

The employee can file a civil action and, under the Payment of Wages Act, recover three times the unpaid wages plus court costs and reasonable attorney fees. The outcome turns on the details, which a judge reviews case by case. Keep pay stubs and the written notice of your wage terms.

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General information, not legal advice: the calculators apply the published federal and state rules to the numbers you enter. Union contracts, local ordinances, industry wage orders and exemptions can change the answer; the state labor agency decides a wage claim.

Federal and state employment rules for 2026, checked on official sources on