South Carolina Employment Laws 2026

South Carolina employment and labor law relies on federal laws like the Fair Labor Standards Act (FLSA) for minimum wage, overtime, and recordkeeping, and OSHA for workplace safety. Key state laws include the Payment of Wages Act, the state OSHA plan, right-to-work, child labor, E-Verify, and unemployment insurance obligations.

Last Updated: October 2025

Employment Laws South Carolina 2025

South Carolina employers must comply with federal minimum wage, overtime, workplace safety, and anti-discrimination laws, while state laws supplement these requirements in targeted areas such as wage payment, right-to-work, child labor, E-Verify, and state OSHA coverage.

Jurisdiction and Enforcement

Employment laws in South Carolina are enforced through a mix of federal and state agencies. The South Carolina Department of Labor, Licensing and Regulation (LLR) oversees the state OSHA plan and wage-related issues under the Payment of Wages Act. The South Carolina Human Affairs Commission (SCHAC) administers state-level discrimination laws, while the South Carolina Department of Employment and Workforce (DEW) manages unemployment insurance and workforce programs.

Federal agencies retain oversight where state law defers. The U.S. Department of Labor (DOL) enforces the Fair Labor Standards Act (FLSA), Family and Medical Leave Act (FMLA), and federal child-labor rules. The Equal Employment Opportunity Commission (EEOC) shares jurisdiction with SCHAC for discrimination and retaliation complaints.

Employers may be subject to both state and federal enforcement, and in dual-coverage cases, the stricter or more protective rule typically applies.

Standards and Compliance

South Carolina employers must maintain written wage notices, payroll records, and safety documentation consistent with both the Payment of Wages Act and SC OSHA standards. The federal FLSA recordkeeping rule (29 C.F.R. §516) requires at least three years of payroll records retention; state law recommends maintaining wage statements and employment records for a minimum of two years.

Under SC OSHA, employers must:

• Provide a safe workplace free from recognized hazards.
  
• Keep injury and illness records (OSHA Form 300).
  
• Post official notices informing workers of safety and health rights.
  
• Allow inspections or investigations upon notice or complaint.

Failure to comply may result in civil penalties, back-pay orders, or injunctive relief.

Worker Classification

South Carolina applies both federal IRS criteria and state definitions under S.C. Code §42-1-130 to distinguish employees from independent contractors. Misclassification affects tax withholding, workers’ compensation coverage, unemployment insurance, and wage rights. Employers must correctly report and classify workers to avoid liability for unpaid taxes and benefits.

The DEW and Department of Revenue collaborate on misclassification investigations, and penalties may include fines, restitution of withheld contributions, and loss of eligibility for certain state contracts. 

E-Verify and Hiring Standards

All South Carolina employers are required to verify new hires through the federal E-Verify system within three business days of employment. This requirement, under S.C. Code §41-8-20, applies to both public and private employers. Employers must also maintain new hire reports with the South Carolina Department of Social Services (DSS) as part of wage reporting obligations.

Documentation of employment eligibility, wage notice forms, and new-hire reports must be retained for audit and compliance reviews.

Recordkeeping and Posting

Employers must post:

• SC OSHA job safety and health protection notice.
  
• Payment of Wages Act poster outlining employee rights.
  
• SCHAC Equal Employment and EEOC discrimination posters.
  
• USERRA notice for military service members.
  
• Unemployment Insurance (DEW) posting requirements.

Failure to display required notices can lead to citations and administrative penalties.

Working Hours & Rest Breaks

South Carolina sets no additional state overtime rate. Employers follow the FLSA: overtime is due at 1.5x the regular rate after 40 hours in a workweek unless an exemption applies. 

No state law mandates meal or rest breaks for adults; SC OSHA notes lunch and break periods are labor-management matters. If breaks are provided, federal rules govern what is paid time

For minors, South Carolina adopts the federal child-labor framework (hours & occupations). For 14–15-year-olds, federal limits include max 3 hours on a school day/18 per school week, 8 per non-school day/40 per non-school week, and work only 7 a.m.–7 p.m. (to 9 p.m. June 1–Labor Day). 

Leave Entitlements

The South Carolina leave entitlements include:

• Paid sick leave: The state does not mandate paid sick leave for private employers. Employers may offer it by policy/contract. (No statewide statute.)
• Family and Medical Leave: Employers must provide FMLA leave (generally up to 12 weeks unpaid, job-protected) consistent with U.S. DOL guidance.
• Military leave: USERRA protects service members’ employment and reemployment rights; all employers must provide notices of USERRA rights. (State law provides additional paid military leave for public employees, but private-sector employers follow USERRA.)
• Jury duty: South Carolina law protects employees from discharge for serving on a jury (pay is employer policy-dependent). (State code and local court rules apply; employers should not retaliate.)
• Voting leave: South Carolina has no statute requiring employer-provided voting leave; voters can use early voting or, if qualified, absentee voting. 

Equal Employment & Anti-Discrimination

The South Carolina Human Affairs Law prohibits discrimination in employment based on race, color, national origin, religion, sex (including pregnancy, childbirth, and lactation), age (40+), and disability. The SC Human Affairs Commission (SCHAC) enforces these protections, which operate alongside federal EEO laws.

Employees may file with SCHAC (and/or EEOC, as applicable). Retaliation for complaints or accommodations requests is unlawful. 

Workplace Safety

South Carolina operates an approved OSHA State Plan covering most private-sector and public-sector workplaces. Employers must comply with SC OSHA standards, report fatalities within 8 hours and certain severe injuries within 24 hours, and post required notices.

Required posters and guidance are available from SC LLR and federal OSHA. 

Wage Payment Rules

• Minimum wage: South Carolina has no state minimum wage; covered employers must pay the federal minimum ($7.25).
• Pay frequency & wage notices: The Payment of Wages Act requires employers to pay on the regular payday set by the employer, give written notice of wages/hours/policies at hire, and comply with limits on deductions.
• Final pay: Upon separation, wages are due by the next regular payday or within 48 hours, not to exceed 30 days.

Employee Privacy Rights

South Carolina has no broad, private-sector employee-privacy statute; however, employers must handle medical and accommodation information consistent with SCHAC/ADA guidance and applicable federal laws. 

Union & Collective Bargaining Rights

South Carolina is a right-to-work state. Employers and unions may not require union membership or dues as a condition of employment. Federal NLRA rights still apply. 

Penalties for Non-Compliance

Violations of the Payment of Wages Act can lead to damages and penalties under state law; SC OSHA may issue citations/penalties for safety violations; federal agencies (WHD/EEOC/OSHA) may also assess penalties or pursue remedies. (See SC Code Title 41, SC OSHA, and U.S. DOL/EEOC resources.) 

HR Notification and Documentation for Employment Laws

• Maintain written policies that comply with South Carolina and federal labor laws.
• Document employee work hours accurately, including regular and overtime hours.
• Keep records of pay periods, pay dates, and payment methods defined by employer policies.
• Track leave entitlements such as FMLA, military leave (USERRA), jury duty, and any employer-provided sick leave.
• Record anti-discrimination and harassment training delivery and employee acknowledgments.
• Provide timely notifications of employee rights, particularly safety (SC OSHA), wage notices, and non-retaliation.
• Maintain personnel files documenting hiring, promotions, discipline, and terminations.
• Retain payroll and tax documentation, including new hire reports to the South Carolina New Hire Reporting Program (DSS). 
• Ensure compliance with workers’ compensation posting and coverage requirements (WCC).
• Periodically review and update policies to reflect legal changes and inform employees promptly.