Compliance Watch:
What are my overtime rights in South Carolina?

September 2nd 2024

Understanding your overtime rights in South Carolina is essential for ensuring that you are fairly compensated for the extra hours you work. In South Carolina, overtime regulations are governed by both state and federal laws. This article provides a comprehensive overview of your overtime rights in South Carolina, including who qualifies for overtime pay, how overtime is calculated, and the steps you can take if your employer fails to pay you properly.

This Article Covers

Understanding Overtime in South Carolina
Common Questions About Overtime in South Carolina
Legal Working Hours in South Carolina
Overtime Eligibility in South Carolina
Overtime Payment Calculations in South Carolina
Receiving Overtime Payment in South Carolina
Violations of Overtime Law in South Carolina

Understanding Overtime in South Carolina

Is overtime pay mandatory in South Carolina?

Yes, overtime pay is mandatory in South Carolina. Under the Fair Labor Standards Act (FLSA), which South Carolina adheres to, employers must pay overtime to eligible employees who work more than 40 hours in a workweek. South Carolina does not have its own specific overtime laws, so it follows federal regulations.

When do I qualify for overtime pay in South Carolina?

In South Carolina, employees qualify for overtime pay when they work more than 40 hours in a single workweek. Certain exemptions apply, including for executive, administrative, and professional employees, and specific industries.

How much is overtime pay in South Carolina?

In South Carolina, employees must be compensated at one and a half times their regular hourly rate for overtime hours. Overtime is calculated based on working more than 40 hours in a single workweek.

Which laws govern overtime in South Carolina?

The key laws and regulations that apply to overtime pay in South Carolina include:

Fair Labor Standards Act (FLSA):

  • Overtime Eligibility: The FLSA mandates that non-exempt employees must be paid overtime for any hours worked beyond 40 in a given workweek.
  • Overtime Pay Rate: Overtime pay must be at least one and a half times the regular pay rate.
  • Workweek Definition: The FLSA defines a workweek as a fixed and regularly recurring period of 168 hours — seven consecutive 24-hour periods. This workweek can start on any day and at any time of day.
  • Record Keeping: Employers are required to maintain accurate records of hours worked and wages paid to ensure compliance with federal wage and hour laws.

South Carolina does not have its own specific overtime provisions beyond those mandated by the FLSA. Therefore, employers in South Carolina follow federal regulations regarding overtime pay.

Further details about overtime in South Carolina can be found in South Carolina Overtime Laws.

Common Questions About Overtime in South Carolina

Do employers have to pay overtime in South Carolina?

Yes, employers in South Carolina must pay overtime to non-exempt employees according to federal laws. South Carolina adheres to the FLSA, which mandates that non-exempt employees be compensated for overtime at one and a half times their regular pay rate for any hours worked beyond 40 in a workweek.

Can an employee refuse to work overtime in South Carolina?

In South Carolina, employers generally have the authority to mandate overtime, and employees are typically expected to comply with these requirements. South Carolina state law, similar to federal law under the FLSA, does not impose a maximum limit on the number of hours an employee can be required to work in a week. Employers must, however, provide compensation at one and a half times the regular pay rate for any overtime hours worked.

Employees who refuse mandated overtime may face disciplinary action, including termination, based on their employment agreements or company policies. However, employees are protected if their contracts or collective bargaining agreements specify different terms regarding overtime. These agreements take precedence over general mandates, allowing employees to decline overtime if it contradicts their contractual terms.

Certain industries, such as transportation, are subject to stricter regulations on working hours to ensure safety and prevent fatigue. Employers in these sectors must adhere to industry-specific rules and balance operational needs with health and safety standards.

Can I take comp time instead of overtime pay in South Carolina?

In South Carolina, the rules regarding compensatory time (comp time) align with federal regulations under the FLSA.

Public Sector Employees: Public sector employees, such as those working for state, county, and municipal governments, can receive comp time instead of overtime pay. This arrangement requires a written agreement between the employee and employer before the overtime work is performed.

  • Employees should be able to use their comp time within a reasonable period, provided it does not unduly disrupt business operations.
  • Public sector employees can accrue up to 240 hours of comp time, and any excess must be compensated as overtime pay.
  • The comp time must be equivalent to the overtime pay rate, giving employees an hour and a half of paid time off for each hour of overtime worked.

Private Sector Employees: In the private sector, the FLSA generally prohibits employers from offering comp time instead of overtime pay.

Can I get overtime pay in South Carolina without employer approval?

Yes, non-exempt employees in South Carolina can receive overtime pay for hours worked beyond the 40-hour weekly limit, even if they did not get prior approval from their employer. While employees are entitled to overtime pay for all hours worked, it is generally expected that they seek prior approval before working overtime. Most employers have policies requiring employees to get approval to manage labor costs and scheduling effectively.

Does South Carolina have double-time pay?

No, South Carolina does not have state laws requiring employers to pay double time for specific hours or days worked. However, employers in South Carolina have the discretion to establish their policies regarding double-time pay. For example, an employer may choose to offer double-time pay for hours worked on holidays, weekends, or during extra-long shifts as an incentive or benefit to their employees. These arrangements are usually outlined in company policies, employee handbooks, or employment contracts.

What is working ‘off-the-clock’ in South Carolina?

Off-the-clock work in South Carolina refers to any work performed by employees outside of their officially recorded working hours for which they do not receive compensation. This can include:

  • Working through meal or rest breaks: Employees might continue working during their legally required breaks without clocking in the time.
  • Completing tasks before scheduled shifts: Arriving early to perform duties such as setting up equipment or preparing the workspace.
  • Performing post-shift responsibilities: Activities like cleaning up, closing a job site or completing administrative tasks after the official shift ends.
  • Correcting mistakes or redoing projects: Spending additional time outside regular hours to fix errors or rework projects to meet quality standards.

Working off-the-clock in South Carolina, as in other states, is illegal and violates the FLSA. Employers must ensure that all work performed by employees is compensated and accurately recorded. Employees should be aware of their rights and report any violations to the appropriate authorities, such as the South Carolina Department of Labor, Licensing and Regulation or the U.S. Department of Labor.

What are common ways employers avoid paying overtime in South Carolina?

Employers may use various strategies to avoid providing proper compensation to their employees for work that should count as overtime. Common tactics include:

  • Requiring Employees to Perform ‘Off-the-Clock’ Work: Employers may assign tasks such as prep work, answering phone calls, or completing post-shift duties outside of regular work hours without compensating the employees. Employers are obligated to document all tasks performed by employees and provide appropriate compensation. Off-the-clock work is illegal and must be paid if the employer knows or should have known about it. This includes tasks completed before the start of a shift, during unpaid breaks, and after the shift has ended.
  • Averaging Hours Worked: This tactic involves scheduling employees in a way that balances their hours over multiple weeks. For instance, if an employee works 49 hours one week, the employer might schedule them for only 31 hours the following week, making it appear as though they worked two 40-hour weeks. Under the FLSA, overtime must be calculated every week, not averaged over multiple weeks.
  • Providing Comp Time: Employers may offer time off to employees to prevent them from working overtime hours. For example, allowing an employee to take Friday off if they worked a double shift on Thursday. In the private sector, compensatory time off instead of overtime pay is generally not allowed under the FLSA. This practice is only permissible for public sector employees under specific conditions and agreements.
  • Misclassifying Workers as Salaried Employees: Employers may misclassify employees as salaried workers to avoid paying overtime rates. Misclassification involves incorrectly categorizing non-exempt employees as exempt salaried employees. To be exempt from overtime, a salaried employee must meet the salary threshold and job duty requirements set by the FLSA.

Can you work seven days in a row in South Carolina?

In South Carolina, there are no state laws that specifically limit the number of consecutive days an employee over the age of 18 can work. This allows employers to schedule employees for seven or more days in a row if necessary. However, employees must receive proper compensation, including overtime pay for hours worked beyond 40 in a week as mandated by the FLSA.

How many ten-hour days can you work in a row in South Carolina?

In South Carolina, there are no specific state laws restricting the number of consecutive ten-hour days an employee can work. Employers can schedule employees to work ten-hour days for multiple days in a row, but they must comply with overtime regulations as set by the Fair Labor Standards Act (FLSA). This means that any hours worked over 40 in a week must be compensated at one and a half times the regular pay rate.

Employees covered by contracts or collective bargaining agreements may have specific terms regarding consecutive ten-hour days and compensation for extended hours.

What are full-time hours in South Carolina?

In South Carolina, there is no specific state law defining full-time employment. Instead, full-time hours are typically determined based on federal guidelines, industry standards, and individual employer policies.

  • Federal Guidelines: Under the Affordable Care Act (ACA), full-time employment is generally considered to be at least 30 hours per week or 130 hours per month. This guideline is mainly used to determine eligibility for health insurance benefits under the ACA.
  • Industry Standards: Full-time hours can vary by industry and employer. While a 40-hour workweek is common, some industries may have different standards. Employers in South Carolina have the discretion to define full-time employment according to their operational needs, provided they comply with federal regulations.
  • Employer Policies: Employers may specify their definitions of full-time employment in employee handbooks, contracts, or company policies. These definitions can vary and often determine eligibility for employee benefits such as health insurance, retirement plans, and paid time off. Additionally, full-time employees might receive company-specific perks like tuition reimbursement and wellness programs.

How many hours straight can you legally work in South Carolina?

In South Carolina, there is no state-specific law that limits the number of hours an adult employee can work straight in a single day or week. However, certain industry-specific regulations and collective bargaining agreements may impose limits to ensure safety and protect workers’ rights.

Industry-Specific Regulations:

  • Transportation Workers: Federal hours-of-service regulations for transportation workers limit driving hours and mandate rest breaks. For example, truck drivers are limited to 11 hours of driving time following 10 consecutive hours off duty and must take a 30-minute break after 8 hours of driving.
  • Healthcare Workers: Healthcare workers may have guidelines recommending rest periods to prevent fatigue and ensure patient safety. These guidelines are often implemented at the institutional level and can vary by employer.

Collective Bargaining Agreements: Employees covered by collective bargaining agreements or specific contracts may have negotiated terms that limit consecutive work hours to protect them from excessive work.

Youth Employment: For minors under 18, South Carolina state law imposes stricter limits on work hours:

  • Minors aged 14-15: Can work only three hours on a school day, eight hours on a non-school day, and 18 hours in a school week.
  • Minors aged 16-17: Can work up to eight hours per day, up to 40 hours per week during non-school weeks, but are limited to 30 hours per week during school weeks. There are also restrictions on the times of day they can work, with work hours limited to between 7:00 a.m. and 7:00 p.m. (extended to 9:00 p.m. from June 1 to Labor Day).

Is overtime after eight hours or 40 hours in South Carolina?

In South Carolina, overtime pay is required after 40 hours in a workweek, not after eight hours in a single day. South Carolina follows the FLSA guidelines, which mandate that non-exempt employees be compensated at one and a half times their regular pay rate for any hours worked beyond 40 in a workweek. There are no state-specific daily overtime rules in South Carolina.

Does working on the weekend qualify for overtime pay in South Carolina?

In South Carolina, working on the weekend does not automatically entitle an employee to overtime pay. Employers may, at their discretion, offer premium pay for weekend or holiday work, but this is not a legal requirement. Overtime pay is only required for hours worked beyond 40 in a workweek, as mandated by the FLSA. Employees should consult their employment contracts, handbooks, or company policies to understand if additional pay for weekend work is provided by their employer.

How many hours-off between shifts is required in South Carolina?

In South Carolina, there are no specific state laws or federal regulations that mandate the number of hours an employee must have off between shifts for the general workforce, giving employers considerable flexibility in scheduling. However, employers are encouraged to consider the health and well-being of their employees when planning shifts.

General Workforce: For most employees, there are no mandatory rest periods under state law or the FLSA. Employers can schedule shifts without a required minimum rest period between them.

Industry-Specific Regulations:

  • Transportation: The Federal Motor Carrier Safety Administration (FMCSA) requires truck drivers to have at least 10 consecutive hours off-duty between shifts to prevent fatigue and ensure road safety.
  • Healthcare: Specific guidelines or industry standards often recommend rest periods, although these are typically set by institutions or industry bodies rather than by law.

Collective Bargaining Agreements (CBAs) and Company Policies: Collective Bargaining Agreements (CBAs) and company policies can also influence scheduling. Union agreements may include provisions for rest periods between shifts, and some employers may voluntarily implement policies to promote a healthy work-life balance.

What does ‘hours-worked’ include in South Carolina?

In South Carolina, “hours worked” encompasses all the time an employee spends performing duties for their employer, whether on or off the premises. This includes tasks performed before and after scheduled shifts if the work is related to job duties and the employer knows or should know about it. Here’s a detailed breakdown of what constitutes ‘hours worked’:

Meal Breaks: If the employee is completely relieved from duty during a meal break (typically 30 minutes), this time is not considered hours worked and is unpaid. However, if the employee is required to stay on the premises or perform any work during the meal break, this time must be considered hours worked and compensated accordingly.

Rest Breaks: Short breaks, typically lasting from five to 20 minutes, are considered part of hours worked and employees must be compensated for them. These breaks are designed to provide brief rest periods to enhance productivity and well-being.

Travel Time:

  • Commuting Time: Time spent commuting to and from the regular workplace is generally not considered hours worked.
  • Travel During Work Hours: Travel that occurs during an employee’s regular working hours is considered hours worked. This includes travel as part of the employee’s principal activities.
  • Work During Travel: If an employee is required to perform work while traveling, such time is counted as hours worked.
  • One-Day Assignments: Travel for one-day assignments away from the official workplace is considered hours worked.
  • Overnight Travel: Travel time for overnight assignments away from the official workplace, during hours that correspond to the employee’s regular working hours on non-workdays, is considered hours worked.

Training and Meetings:

  • Job-Related Training: Time spent in training, meetings, or similar activities is considered hours worked if the training is directly related to the job, is mandatory, or the employee performs productive work during the training.
  • Voluntary Training: If the training is voluntary and not related to the employee’s job, it may not be considered hours worked.

On-Call Time:

  • On-Premises: If an employee is required to remain on the employer’s premises while on call, this time is considered hours worked.
  • Off-Premises: If an employee is on call but allowed to stay off premises and only needs to respond to calls or emergencies, this time may not be considered hours worked unless the employee’s activities are significantly restricted.

What is the most hours a salaried employee can work in South Carolina? 

In South Carolina, there are no specific state regulations that impose a maximum limit on the number of hours a salaried employee can work per day or week. However, contractual, industry-specific, and employer policies may impose certain limitations to manage work hours and ensure employee well-being.

What is the maximum number of hours an hourly employee can work in South Carolina?

In South Carolina, there is no maximum limit on the number of hours an hourly employee can work in a single day or week. However, employers are required to ensure that all overtime hours are properly compensated according to the FLSA.

Overtime Eligibility in South Carolina

Who is eligible for overtime pay in South Carolina?

In South Carolina, overtime pay eligibility is governed by the FLSA. Here are the key criteria for overtime pay eligibility:

  1. Hourly Employees: Hourly employees are generally considered non-exempt and must receive overtime pay for any hours worked over 40 in a workweek.
  2. Salaried Non-Exempt Employees: Salaried employees who do not meet the criteria for exemption under the FLSA are also eligible for overtime pay. These employees typically perform tasks that do not fall into the executive, administrative, or professional categories. Common examples include manual labor, customer service, clerical tasks, and other similar positions.

Who is exempt from overtime pay in South Carolina?

In South Carolina, certain employees are classified as exempt from overtime pay under the FLSA. These exemptions typically apply to “white-collar” positions in administrative, professional, or executive roles, as well as certain industry-specific roles. To be classified as exempt, employees must meet specific criteria based on three tests:

  1. Salary Basis Test: The employee must receive a fixed salary, regardless of the number of hours worked or the quantity of work completed. This ensures they are salaried employees, not hourly employees, providing consistent and predictable compensation.
  2. Salary Level Test: The employee must earn a salary that meets the minimum requirement of the exemption threshold. As of 2024, this threshold is $844 per week or $43,888 annually.
  3. Duties Test: The employee’s primary job duties must involve executive, administrative, or professional responsibilities, which typically include exercising discretion and independent judgment in significant matters.

Certain industry-specific exemptions include:

  • Airline Employees: Based on job roles and the nature of their work.
  • Babysitters on a Casual Basis: Irregular, casual babysitting services.
  • Commissioned Sales Employees: Particularly in retail and sales environments.
  • Drivers and Loaders: In the transportation and logistics sector.
  • Live-in Domestic Employees: Living in the employer’s home and providing domestic services.
  • Farmworkers on Small Farms: Based on the size and nature of the farm.
  • Federal Criminal Investigators: Working for federal agencies.
  • Fishermen: Due to the unique nature of their work.
  • Railroad Employees: Based on industry-specific regulations.
  • Salesmen and Mechanics: Involved in selling or repairing vehicles and other equipment.
  • Switchboard Operators: Working in telecommunications under specific conditions.
  • Taxicab Drivers: Generally exempt from overtime regulations.

Can salaried employees get overtime pay in South Carolina?

Yes, salaried employees in South Carolina can qualify for overtime pay if they do not meet certain criteria set by the FLSA. To be exempt from overtime, three main requirements must be met:

  1. Salary Threshold: Employees must earn at least $844 per week as of the current threshold. If an employee’s salary falls below this threshold, they are deemed non-exempt and are entitled to overtime pay.
  2. Job Position: The employee’s position must be categorized under professional, administrative, or executive roles.
  3. Job Duties: The job duties must include the use of independent judgment and discretion. This means the employee must have the authority to make significant decisions, set policies, or manage crucial aspects of the business.

If an employee’s role does not satisfy these criteria, they are classified as non-exempt and are eligible for overtime pay.

Overtime Payment Calculations in South Carolina

What is my regular rate of pay in South Carolina?

The regular rate of pay refers to the amount an employee earns for each hour worked and must at least meet the minimum wage requirements. Here’s how it applies to different types of employees in South Carolina:

Hourly Employees: The regular rate of pay for hourly employees is their standard hourly wage.

Salaried Employees:

  • Annual Salary: Multiply the monthly salary by 12 to ascertain the annual salary.
  • Weekly Salary: Divide the annual salary by 52 (the total number of weeks in a year) to calculate the weekly salary.
  • Hourly Rate: Divide the weekly salary by the maximum number of standard hours worked in a week (40 hours).

Piecework or Commission Employees:

  • Rate per Piece or Commission: The rate of the piece or commission can be used if the pay is directly tied to the number of pieces produced or sales made.
  • Weekly Earnings Divided by Hours Worked: Calculate the total amount earned in a workweek and divide it by the number of hours worked. This method ensures that the employee’s earnings are spread evenly across all hours worked.
  • Group Piece Rate: When working as part of a group, first compute the group rate by dividing the total number of pieces produced by the number of individuals in the group. Then, multiply this rate by the number of hours worked by each individual to determine their regular rate of pay.

How do you calculate overtime in South Carolina?

To calculate overtime pay in South Carolina, follow these steps:

Step 1: Determine the Regular Rate of Pay

  • Hourly Employees: The regular rate of pay is their standard hourly wage.
  • Salaried Employees: Calculate the regular rate by dividing the weekly salary by the standard number of working hours (typically 40).
  • Multiple Rates: If an employee works at multiple rates during a single week, calculate the regular rate as the weighted average of those rates by dividing the total earnings by the total hours worked.

Step 2: Compute the Overtime Rate: Multiply the regular rate by 1.5 to get the overtime rate.

Step 3: Calculate Total Overtime Pay: Multiply the overtime rate by the number of overtime hours worked.

How is overtime taxed in South Carolina?

Overtime earnings in South Carolina are subject to federal income tax and Federal Insurance Contributions Act (FICA) taxes, which cover Social Security and Medicare. South Carolina also has a state income tax. Here’s how overtime pay is taxed:

Federal Income Tax: Overtime pay is added to your gross income and taxed at your marginal federal tax rate, which varies based on your total income and filing status. The federal tax rates for 2024 range from 10% to 37%, depending on income levels.

FICA Taxes:

  • Social Security Tax: 6.2% on earnings up to the wage base limit (for 2024, this limit is $160,200).
  • Medicare Tax: 1.45% on all earnings, with an additional 0.9% Medicare surtax on earnings over $200,000 for single filers or $250,000 for married couples filing jointly.

South Carolina State Income Tax: South Carolina state income tax rates are progressive and vary based on income levels. For 2024, the rates range from 0% to 7%.

Key Points:

  • Overtime pay is included in your gross income and taxed at both the federal and state levels.
  • Overtime pay is subject to Social Security and Medicare taxes.
  • South Carolina state income tax is applicable to overtime pay.
  • Employers must report overtime earnings as part of the employee’s total earnings on their W-2 forms, and these earnings are subject to the same federal and state tax withholdings as regular earnings.

For detailed and up-to-date information, employees and employers should consult the IRS guidelines and the South Carolina Department of Revenue.

Receiving Overtime Payment in South Carolina

How is overtime paid in South Carolina?

In South Carolina, acceptable methods for paying overtime wages are similar to those used for regular wages. Employers are required to pay employees for their overtime work using the following methods:

  1. Check: Employers can issue checks to employees, including for overtime wages.
  2. Cash: Employers may also pay in cash, allowing immediate access to funds.
  3. Payroll Card Account: Wages can be loaded onto a prepaid payroll card.
  4. Direct Deposit: This method involves electronically transferring wages directly into an employee’s bank account.

When do I receive my overtime paycheck in South Carolina?

In South Carolina, overtime pay must be included in the regular paycheck for the pay period during which the overtime was worked. Here are the key points:

  • Regular Pay Period: Overtime pay must be included in the paycheck for the pay period in which the overtime hours were worked.
  • Payroll Schedule: Employers must adhere to their established payroll schedules, whether they are weekly, bi-weekly, semi-monthly, or monthly. Overtime compensation should be paid according to this schedule.

Violations of Overtime Law in South Carolina

What if my employer refuses to pay me overtime in South Carolina?

If your employer refuses to pay you the overtime you are owed in South Carolina, they may be violating both state and federal labor laws. Here are the steps to address the issue:

  1. Contact Your Employer: First, address the issue with your employer to see if a mistake has been made. Often, payroll errors can be resolved quickly through internal channels. Provide documentation of your hours worked and relevant pay stubs to support your claim, clearly explaining the discrepancy and requesting the owed overtime pay.
  2. File a Complaint with the South Carolina Department of Labor, Licensing, and Regulation: If the issue remains unresolved, you can file a complaint with the South Carolina Department of Labor, Licensing, and Regulation. They enforce state wage and hour laws and investigate claims of unpaid overtime wages. You can contact them at (803) 896-4300.
  3. File a Complaint with the U.S. Department of Labor: You can also file a complaint with the Wage and Hour Division of the U.S. Department of Labor. They enforce the Fair Labor Standards Act (FLSA) and investigate claims of unpaid overtime wages. You can contact them at 1-866-4US-WAGE (1-866-487-9243).
  4. Seek Legal Assistance: If administrative remedies do not resolve the issue, you can file a civil lawsuit against your employer. An employment attorney can help you navigate the legal process and ensure your rights are protected.

You generally have two years from the date of the violation to file a wage claim under the FLSA. However, if the violation was willful, the window extends to three years.

What is the penalty for failing to pay overtime in South Carolina?

Employers in South Carolina who fail to pay overtime wages as required by both state and federal laws can face significant penalties. These penalties are designed to enforce compliance and compensate employees for unpaid wages. Here are the potential penalties:

  1. Back Wages: Employers must pay the full amount of unpaid overtime wages owed to the employee.
  2. Liquidated Damages: Under the FLSA, employees can recover liquidated damages equal to the amount of unpaid wages. This effectively doubles the compensation owed to the employee. For example, if an employee is owed $1,000 in unpaid overtime, they would receive $1,000 in back wages and $1,000 in liquidated damages, totaling $2,000.
  3. Civil Penalties: The South Carolina Department of Labor, Licensing, and Regulation can impose civil penalties on employers for wage violations. These penalties can be substantial and are intended to deter non-compliance.
  4. Criminal Penalties: Deliberate violations may lead to criminal charges. Employers who willfully fail to pay overtime wages can face fines and potential imprisonment for repeated offenses. Under federal law, the U.S. Department of Labor (DOL) can impose fines of up to $10,000 for willful violations and may pursue criminal charges.
  5. Attorney’s Fees and Court Costs: If an employee successfully sues an employer for unpaid overtime, the employer may be required to pay the employee’s attorney’s fees and court costs. This provision aims to encourage employees to pursue their rightful wages without the burden of legal expenses.

How can I file a wage claim for overtime in South Carolina?

If you believe you are owed overtime pay in South Carolina, you can file a wage claim to recover your unpaid wages. The process involves filing a claim with the South Carolina Department of Labor, Licensing, and Regulation (LLR). Here are the steps to follow:

Step 1: Collect Information and Evidence: Gather as much information and evidence as possible to support your claim. This may include:

  • Pay Stubs and Timesheets: Documentation showing hours worked and wages paid.
  • Employment Contracts or Agreements: Any written agreements outlining the terms of your employment.
  • Correspondence with Your Employer: Emails, letters, or messages regarding your pay and hours worked.
  • Records of Hours Worked and Overtime Hours Not Compensated: Detailed logs or notes of the hours you worked, including any overtime.

Step 2: File a Complaint with the South Carolina Department of Labor, Licensing, and Regulation: You can file a wage claim with the South Carolina Department of Labor, Licensing, and Regulation.

  • Complete a Wage Claim Form: Visit the South Carolina Department of Labor, Licensing, and Regulation website to download and fill out the Wage Complaint form.
  • Submit the Form: You can submit the completed form in person, by mail, or via email to the South Carolina Department of Labor, Licensing, and Regulation.

Step 3: Work with a Representative: After you submit your wage claim, a representative from the South Carolina Department of Labor, Licensing, and Regulation will be assigned to your case. They will guide you through the process, help you understand your rights, and determine the most effective course of action. The representative may:

  • Investigate Your Claim: Review the evidence you submitted and may contact your employer for further information.
  • Negotiate with Your Employer: Attempt to resolve the issue through negotiation to recover your unpaid wages.
  • Provide Guidance: Inform you about additional legal steps if necessary and help you understand your rights throughout the process.

Can employers retaliate against employees for making a wage claim in South Carolina?

No, employers are legally prohibited from retaliating against employees who make wage claims in South Carolina. Both federal and state laws provide robust protections against such retaliation. Retaliation can encompass any adverse action taken by the employer in response to an employee filing or threatening to file a wage claim. This can manifest in various forms, such as:

  • Termination: Firing the employee for making a wage claim.
  • Demotion: Lowering the employee’s job position or title.
  • Reduction in Pay: Decreasing the employee’s wages or benefits.
  • Unjustified Negative Evaluations: Providing unwarranted poor performance reviews.
  • Unwarranted Disciplinary Actions: Issuing baseless disciplinary measures.
  • Changes in Job Duties or Schedules: Altering the employee’s responsibilities or work hours to their disadvantage.
  • Harassment or Hostile Work Environment: Creating an intimidating, hostile, or offensive work environment.

Employees who experience retaliation for asserting their wage rights can pursue legal action against their employer. The protections under South Carolina law and the Fair Labor Standards Act (FLSA) include the following potential remedies:

  • Reinstatement: Returning to their previous job position.
  • Recovery of Lost Wages and Benefits: Compensation for lost earnings and benefits.
  • Compensation for Emotional Distress: Damages for mental anguish caused by the retaliation.
  • Liquidated Damages: Additional compensation to penalize the employer and prevent future violations.

Learn more about South Carolina Labor Laws through our detailed guide.

Important Cautionary Note

This content is provided for informational purposes only. While we make every effort to ensure the accuracy of the information presented, we cannot guarantee that it is free of errors or omissions. Users are advised to independently verify any critical information and should not solely rely on the content provided.