South Carolina Employment Law: Wages, Final Pay, Breaks and Your Rights at Work
South Carolina employment law: minimum wage, overtime, breaks, final paycheck deadlines, PTO payout, sick leave, at-will exceptions and where to file a wage claim.
Quick answers for South Carolina
- Minimum wage
- South Carolina has no state minimum wage law. Employers covered by federal law must pay the federal minimum of $7.25 per hour. Fair Labor Standards Act (federal minimum wage)
- Final paycheck if fired or laid off
- Within 48 hours of separation or by the next regular payday, which may not be more than 30 days later. S.C. Code § 41-10-50
- Meal and rest breaks
- No state requirement. South Carolina law does not require employers to give breaks or a lunch period. LLR Wages and Child Labor FAQ
- Unused vacation / PTO payout
- Depends on the employer's policy. State law does not require paid vacation or sick time, but an employer that offers it must give employees notice of the policy and follow it. S.C. Code § 41-10-30; LLR FAQ
Last verified: 2026-10-26
Pay
| Minimum wage | South Carolina has no state minimum wage law. Employers covered by federal law must pay the federal minimum of $7.25 per hour. No change scheduled. |
|---|---|
| Tipped minimum wage | No state rule. Under federal law, tipped employees (more than $30 a month in tips) may be paid $2.13 per hour in cash wages if tips bring them to at least $7.25 per hour. |
| Overtime | No state overtime law; follows the federal FLSA (time and one-half after 40 hours in a workweek for covered, non-exempt employees). Source: Fair Labor Standards Act |
| How often you must be paid | No set frequency. At hiring, the employer must tell each employee in writing (or by a posted notice) the normal hours and wages, the time and place of payment, and deductions, and must pay on the schedule it set. Changes must be given in writing at least seven calendar days before they take effect (pay raises excepted). |
| Pay stubs | Required. Each pay period the employer must give an itemized statement showing gross pay and each deduction. Source: S.C. Code § 41-10-30(C) |
Breaks and leave
| Meal and rest breaks | No state requirement. South Carolina law does not require employers to give breaks or a lunch period. Source: LLR Wages and Child Labor FAQ |
|---|---|
| Paid sick leave | No statewide paid sick leave law. State law does not require employers to provide paid vacation or sick time. Source: LLR Wages and Child Labor FAQ |
Leaving a job
| Final paycheck if fired or laid off | Within 48 hours of separation or by the next regular payday, which may not be more than 30 days later. Source: S.C. Code § 41-10-50 |
|---|---|
| Final paycheck if you quit | Same as when fired: within 48 hours or by the next regular payday, not more than 30 days later. The law applies when an employee is separated for any reason. Source: S.C. Code § 41-10-50 |
| Unused vacation / PTO payout | Depends on the employer's policy. State law does not require paid vacation or sick time, but an employer that offers it must give employees notice of the policy and follow it. Source: S.C. Code § 41-10-30; LLR FAQ |
| Unemployment benefits | South Carolina Department of Employment and Workforce (DEW). File online through the MyBenefits portal; help is available at 1-866-831-1724. Claimants must do two job searches each week in SC Works Online Services. |
Firing, retaliation and discrimination
| At-will employment and exceptions | South Carolina is an at-will state: employees may be fired for a good reason, a bad reason or no reason, and may quit without notice. Firing for an illegal reason, such as discrimination based on race, color, age, sex, disability, national origin or religion, is not allowed. Source: LLR Wages and Child Labor FAQ |
|---|---|
| Job discrimination complaints | South Carolina Human Affairs Commission. The state law covers employers with 15 or more employees. A complaint must be filed within 180 days of the discriminatory act. |
Where to get help in South Carolina
- South Carolina Department of Labor, Licensing and Regulation (LLR), Office of Wages and Child Labor
- File a complaint or claim
Employment Law FAQ
What is the minimum wage in South Carolina?
South Carolina has no state minimum wage law. Employers covered by federal law must pay the federal minimum of $7.25 per hour.
What is the tipped minimum wage in South Carolina?
No state rule. Under federal law, tipped employees (more than $30 a month in tips) may be paid $2.13 per hour in cash wages if tips bring them to at least $7.25 per hour.
What are the overtime rules in South Carolina?
No state overtime law; follows the federal FLSA (time and one-half after 40 hours in a workweek for covered, non-exempt employees).
Are breaks required by law in South Carolina?
No state requirement. South Carolina law does not require employers to give breaks or a lunch period.
When do I get my final paycheck if I'm fired in South Carolina?
Within 48 hours of separation or by the next regular payday, which may not be more than 30 days later.
When do I get my final paycheck if I quit in South Carolina?
Same as when fired: within 48 hours or by the next regular payday, not more than 30 days later. The law applies when an employee is separated for any reason.
Does an employer have to pay out unused PTO in South Carolina?
Depends on the employer's policy. State law does not require paid vacation or sick time, but an employer that offers it must give employees notice of the policy and follow it.
How often must employees be paid in South Carolina?
No set frequency. At hiring, the employer must tell each employee in writing (or by a posted notice) the normal hours and wages, the time and place of payment, and deductions, and must pay on the schedule it set. Changes must be given in writing at least seven calendar days before they take effect (pay raises excepted).
Do employers have to give pay stubs in South Carolina?
Required. Each pay period the employer must give an itemized statement showing gross pay and each deduction.
Is paid sick leave required in South Carolina?
No statewide paid sick leave law. State law does not require employers to provide paid vacation or sick time.
Is South Carolina an at-will employment state?
South Carolina is an at-will state: employees may be fired for a good reason, a bad reason or no reason, and may quit without notice. Firing for an illegal reason, such as discrimination based on race, color, age, sex, disability, national origin or religion, is not allowed.
Where do I file a job discrimination complaint in South Carolina?
South Carolina Human Affairs Commission. The state law covers employers with 15 or more employees. A complaint must be filed within 180 days of the discriminatory act.
How do I apply for unemployment in South Carolina?
South Carolina Department of Employment and Workforce (DEW). File online through the MyBenefits portal; help is available at 1-866-831-1724. Claimants must do two job searches each week in SC Works Online Services.
Employment Law in other states
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General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.