State labor lawRead at source, 24 September 2026

South Carolina Labor Laws for Employers (2026): Breaks, Overtime, Final Pay and Hiring

South Carolina leaves wages, hours and breaks to federal law: there is no state minimum wage, no state overtime law and no required meal or rest break for adults, so the federal $7.25 minimum and 40-hour weekly overtime rule apply. What the state does require: E-Verify for every private employer within three business days of hire; written notice of wages, hours and paydays at hire (five or more employees); final pay within 48 hours or by the next regular payday, no later than 30 days; and new-hire reporting within 20 calendar days. Cities can't add wage or leave mandates.

South Carolina employment law at a glance

South Carolina has no state minimum wage, no overtime law and no break law. The South Carolina Department of Labor, Licensing and Regulation (LLR) says plainly in its employee rights brochure that "there is no state law covering minimum wage or overtime pay" and that those issues are handled under the federal Fair Labor Standards Act (FLSA). What South Carolina does regulate is how and when you pay (the Payment of Wages Act), work authorization (mandatory E-Verify for every private employer), new-hire reporting and lactation breaks. It also bars cities and counties from adding their own wage or benefit mandates.

South Carolina break laws

Adults. LLR's own FAQ answers the question directly: "There is no requirement under South Carolina law for an employer to provide employees with breaks or a lunch period." Federal law doesn't require breaks either. If you give them, federal rules decide the pay: short rest periods of about 5 to 20 minutes are hours worked and must be paid (29 CFR 785.18), while a bona fide meal period, usually 30 minutes or more with the employee completely relieved of duty, can be unpaid.

Because South Carolina's Payment of Wages Act requires written notice of your terms, LLR says that if you choose to offer benefits such as a lunch hour or break time, you must give employees notice of the policy in writing and abide by it.

Minors. There is no separate South Carolina break rule for minors. The state's child labor regulations can't be "more restrictive or burdensome than applicable federal laws" (S.C. Code 41-13-20), and LLR says its rules are identical to the federal ones. That means federal limits for 14- and 15-year-olds: outside school hours only, no more than 3 hours on a school day or 18 hours in a school week, and between 7 a.m. and 7 p.m. (9 p.m. from June 1 through Labor Day) under 29 CFR 570.35. Under-18s can't work in occupations designated as hazardous. See child labor laws by state.

Lactation. The South Carolina Lactation Support Act, S.C. Code 41-1-130, applies to any employer with one or more employees. You must provide reasonable unpaid break time, or let the employee use paid break or meal time, each day to express breast milk, and make reasonable efforts to provide a private location other than a toilet stall, close to the work area. The break should run concurrently with existing breaks where possible, and an undue-hardship exception applies. The federal PUMP Act also covers most employers.

South Carolina overtime laws

South Carolina has no overtime statute, so the FLSA is the only rule: non-exempt employees of covered employers get time and a half for hours over 40 in a workweek. There is no daily overtime, no seventh-day rule and no state salary threshold. The FLSA covers every enterprise with at least $500,000 in annual sales and any employee individually engaged in interstate commerce (DOL Fact Sheet #14), which reaches most employers hiring hourly staff.

For exempt status, the federal executive, administrative and professional exemptions apply, and the U.S. Department of Labor currently enforces a minimum salary of $684 a week ($35,568 a year), plus the duties tests. Comp time in place of overtime pay is not available to private employers under the FLSA. Our overtime laws by state and exempt vs. non-exempt pages go further.

Paying employees in South Carolina

Minimum wage

South Carolina has no minimum wage law. The U.S. Department of Labor's state table notes that employers subject to the FLSA must pay the federal $7.25 an hour, with a $2.13 cash wage allowed for tipped employees. S.C. Code 6-1-130 bars counties, cities and other political subdivisions from requiring a higher minimum wage. More detail is on our South Carolina minimum wage page.

The Payment of Wages Act: written terms at hire

This is the South Carolina rule employers most often miss. Under S.C. Code 41-10-30(A), every employer with five or more employees must notify each employee in writing at the time of hiring of the normal hours and wages agreed on, the time and place of payment, and the deductions that will be made, including insurance. You can do this individually or by posting the terms conspicuously at or near the workplace. Changes must be given in writing at least seven calendar days before they take effect, except wage increases. The same section requires an itemized statement of gross pay and deductions for each pay period, and payroll records for three years. (Employers of domestic labor in private homes and employers with fewer than five employees throughout the preceding twelve months are exempt from this section under S.C. Code 41-10-20.)

Paydays and deductions

South Carolina doesn't set a minimum pay frequency. Instead, S.C. Code 41-10-40(D) requires you to pay all wages due at the time and place you designated in your written notice. You can't withhold or divert any part of wages unless state or federal law requires or permits it or you've given written notice of the deduction. See pay frequency laws by state.

Final paychecks

When an employee leaves "for any reason," S.C. Code 41-10-50 requires all wages due within 48 hours of the separation or by the next regular payday, which may not exceed 30 days. The rule is the same whether the employee quits or is fired. The stakes are high: under S.C. Code 41-10-80(C), an employee who isn't paid may sue for three times the unpaid wages, plus costs and attorney's fees. "Wages" includes vacation, holiday and sick leave pay due under your policy (S.C. Code 41-10-10), so a written policy on unused leave at separation matters. See final paycheck laws by state and PTO payout laws by state.

South Carolina hiring laws

• E-Verify: every private employer required to complete Form I-9 must register for and use E-Verify to verify each new employee "within three business days after employing" them (S.C. Code 41-8-20(B)). New employees work provisionally until verified, and you must submit a new employee even if they leave within three days. Noncompliance is a violation of your South Carolina employment license. See E-Verify requirements by state and Form I-9 requirements.
• Written terms at hire: the Payment of Wages Act notice above, for employers with five or more employees.
• New-hire reporting: report each new hire, and rehires after a separation of at least 60 consecutive days, to the state directory of new hires within 20 calendar days (S.C. Code 43-5-598(C)). See new hire reporting requirements.
• Pay transparency, salary history and ban-the-box: South Carolina has no state law on any of these for private employers.
• Discrimination: the South Carolina Human Affairs Law applies to employers with 15 or more employees, the same threshold as federal Title VII.
• Minors: no work permit is required. LLR says a minor needs to give the employer a copy of a document showing their birth date, such as a birth certificate or driver's license. Minors can start work at 14, subject to the federal hours and hazardous-occupation limits.
• Drug testing: South Carolina has no general statute restricting private-sector pre-employment drug testing; see drug testing laws by state.

Paid leave in South Carolina

There is no state paid sick leave law. LLR's FAQ says an employer isn't required to provide paid vacation or sick time. S.C. Code 41-1-25 bars any political subdivision from establishing, mandating or requiring an employee benefit, and it lists paid sick leave, paid vacation and paid holidays by name. The federal Family and Medical Leave Act applies to employers with 50 or more employees. If you do provide paid leave, put the policy in writing and follow it: leave due under an employer policy counts as wages under the Payment of Wages Act.

Posters and records

LLR's FAQ says it provides an all-in-one poster that includes the required notices of LLR, the Employment Security Commission (now the Department of Employment and Workforce), the Workers' Compensation Commission and the Human Affairs Commission. You still need the federal posters from the U.S. Department of Labor and EEOC. Keep names, addresses, wages paid each payday and deductions for three years (S.C. Code 41-10-30(B)). Our labor law posters by state page links each state's list.

Local rules and state preemption

Local ordinances don't change the wage and leave answer in South Carolina. S.C. Code 6-1-130 prohibits a political subdivision from requiring a minimum wage above the federal rate, and S.C. Code 41-1-25 prohibits it from requiring employee benefits such as paid sick leave. Charleston, Columbia, Greenville and every other city use the same state and federal rules.

What this means when you're hiring hourly workers in South Carolina

With no state minimum wage, the $7.25 federal floor is far below what most South Carolina employers pay for frontline roles, so the wage in your ad is set by the market, and it's the first thing applicants look for. Put the rate, shift and town in the first line. Plan onboarding around two South Carolina steps: the written wage notice at hire and an E-Verify case within three business days. In Boostpoint's 2026 benchmark of 891 Meta job campaigns, the median cost per applicant was $13.88, and 70% of the difference between campaigns came from what happened after the click: a short application and a same-day call back. Our job ad copywriting guide and frontline recruiting page have more.

Frequently asked questions

Rules read at the South Carolina Code of Laws, SC LLR and U.S. Department of Labor on 24 September 2026. Part of Boostpoint’s state labor law series; see also minimum wage by state.