South Carolina FLSA Laws: Your Guide to Compliance
Ensure Compliance with South Carolina-Specific FLSA Auditing
Minimum Wage in South Carolina
- Federal FLSA: $7.25/hour.
- South Carolina Law: $7.25/hour (non-tipped), matching federal rate. No state minimum wage law—relies entirely on FLSA (South Carolina has no Wage Payment Act equivalent). Tipped employees: $2.13/hour with a $5.12 tip credit.
- What You Need to Know: Federal rate applies—errors in tip credits or exemptions can lead to federal penalties.
Overtime Pay
- Federal FLSA: 1.5x regular rate for hours over 40/week.
- South Carolina Specifics: Matches federal 40-hour rule with no state modifications. Overtime based on $7.25/hour ($10.88/hour in 2025). No state overtime laws beyond FLSA.
- Risk: Misclassifications or unpaid overtime can trigger DOL scrutiny and lawsuits.
Child Labor
- South Carolina Rules: Minors under 14 restricted to limited roles; 14–15 capped at 3 hours/school day, 8 hours/non-school day; 16–17 barred from hazardous jobs. Work permits required under 18 (South Carolina Code § 41-13-20).
- Federal FLSA: Aligns, but South Carolina’s permit rule adds a state layer—state law applies.
Recordkeeping
- Federal FLSA: 3-year retention of payroll and hours records.
- South Carolina Addition: No state-specific requirements—follows FLSA 3-year rule. Employers must provide pay stubs if requested (South Carolina Code § 41-10-30).
Enforcement & Penalties
- Federal: DOL penalties, back wages, up to $1.2M average for violations.
- South Carolina: No state wage enforcement agency—relies on federal DOL. Civil lawsuits can seek double damages under FLSA for willful violations.
Why It Matters for Your Business
- CFOs and Managers: South Carolina’s lack of state wage laws puts full weight on federal FLSA compliance. A payroll misstep—like misclassified employees—could cost millions in DOL fines or litigation.
- Avoid Costly Mistakes: Stay compliant with expert FLSA auditing tailored to South Carolina’s framework.
Schedule Your South Carolina FLSA Audit Today
