South Carolina Labor Laws

As of 2022, South Carolina’s state minimum wage rate is $7.25 per hour

Employers with tipped employees can take a tip credit of up to $5.12. This means that tipped employees may be paid a minimum cash wage of $2.13 per hour, as long as their tips ensure that they still make at least $7.25 per hour. This is the same as the federal rule for tip credits.

In calculating the overtime rate for the tipped employee, the restaurateur must multiply the minimum wage ($7.25 per hour) by 1½ (1.5), subtract the tip credit ($5.12 per hour), multiply that figure by the number of overtime hours worked, and then add that sum to their 40-hour total. 

There is no requirement under South Carolina law for an employer to provide employees with breaks or a lunch period.

As long as what you are being charged does not exceed the fee of the transaction, yes.

South Carolina does not have a paid sick days law.

No. State law requires the employer to pay an employee all wages due him or her within 48 hours of the day of separation OR the next regularly-scheduled payday, not to exceed 30 days.

No. State law does not require an employer to provide an employee with benefits. However, if an employer decides to do so, he must give notice of the policy to the employee, abide by the policy, and not discriminate in its administering of the policy.

Yes. However, if the employer has 5 or more employees, the employee must be notified in writing at least seven calendar days in advance of the proposed decrease in pay.

Employment Law Firms

Falls Legal, LLC


Falls Legal, LLC is boutique employment litigation law firm that represents employees throughout South Carolina. We litigate the majority of our cases in South Carolina federal courts and represent employees all the way from the filing of an EEOC charge, if necessary, to trial. Although we are located in Charleston, we are able to handle cases across the entire State of South Carolina, primarily through the aid of technology. We have handled hundreds of employment law matters on behalf of employees ranging from class action lawsuits for unpaid overtime and minimum wages to severance agreements, EEOC charges, and single-plaintiff discrimination, retaliation and FMLA cases.