An employer must pay its employees at least the minimum wage for all hours worked, and time and one-half overtime pay based on an employee's regular rate of pay for all hours worked in excess of 40 in a workweek unless the employee is exempt for some reason. Employees can sue employers who violate South Carolina’s labor laws for salaried employees. 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. The laws are interpreted and enforced by local courts and employees at the South Carolina Department of Labor, Licensing and Regulation. South Carolina has not established a minimum wage rate. Non-compliant employers are also responsible for paying employees’ attorney’s fees. Any shift that goes beyond this standard is considered to be extended or unusual.Emergency situations, times of business transition, and when resources are scarce often require longer shifts. Since most hourly employees don't work full time and/or take time off, actual yearly earnings will likely be lower. Bonuses and commissions are paid on dates outlined in company compensation and benefits policies. Information about South Carolina jury duty leave laws may now be found on our South Carolina Leave Laws page. 1-13-10 et seq. If an employer chooses to provide severance benefits, it must comply with the terms of its established policy or employment contract. SC Dept. Rhonda Campbell is an entrepreneur, radio host and author. If you need assistance with Commission Employee Labor Laws, you can post your legal need on UpCounsel’s marketplace. Federal overtime laws apply. I. ). South Carolina labor laws for salaried employees protect workers from illegal wage and overtime laws practiced by some employers. Their jobs must also require them to make independent judgments that impact an organization’s policies, products, services and revenues. Disability Discrimination (ADA) Discrimination Laws. Currently, the federal minimum wage is $7.25 an hour. Salaried employees generally include executive, administrative and professional employees within an organization. However, under federal law, employees who work more than 40 hours a week are eligible for overtime. For additional information about federal law, contact: US Department of Labor - Wage and Hour Division . Non-exempt salaried employees also need not be paid for this time. Labor. Phil Gibbons, Charlotte, NC Employee Rights Lawyer, Can Help Salaried Employees Recover Unpaid Wages. South Carolina also has no overtime law. SC Dept. Only non-exempt salaried employees are required to receive overtime pay in South Carolina. CHAPTER 1 - GENERAL PROVISIONS: HTML: Word: CHAPTER 3 - DEPARTMENT AND DIRECTOR OF LABOR, LICENSING, AND REGULATION: HTML: Word: CHAPTER 7 - RIGHT TO WORK: HTML: Word: CHAPTER 8 - ILLEGAL ALIENS AND PRIVATE EMPLOYMENT: HTML: Word: CHAPTER 10 - PAYMENT OF WAGES: HTML: For more information on South Carolina’s minimum wage laws, visit our South Carolina Minimum Wage Laws page, which includes topics such as minimum wage, tip minimum wage, tip sharing and pooling, and subminimum wages. Therefore, non-exempt salaried employees who earn a standard weekly wage of $1,500 and who work 40 hours a week will have a standard hourly wage of $37.5 an hour. No. In South Carolina, no law gives employees the right to time off to eat lunch (or another meal) or the right to take short breaks during the work day. Employees have up to three years to file complaints with the South Carolina Department of Labor, Licensing and Regulation citing that their employers withheld wages they were due. The employer generally determines the salaried employee's pay frequency. Minimum Wage Directory: South Carolina, United States Department of Labor: Wage and Hour Division, United States Department of Labor: Exemption for Administrative Employees Under the Fair Labor Standards Act (FLSA), United States Department of Labor: Wages and Work Hours, South Carolina Department of Labor, Licensing and Regulation. Unlike non-exempt, hourly employees, where you pay only for hours worked, salaried employees are paid the same whether they work 20 hours or 60 hours in a workweek. Information about South Carolina sick leave laws may now be found on our South Carolina Leave Laws page. Minimum Wage. Presently, no OSHA standard to regulate extended and unusual shifts in the workplace exists. For example, non-exempt salaried employees who work 40 hours a week must receive at least $290 a week. Employers must pay the employees within 48 hours to 30 days of their last date of work. However, many employment … Additionally, exempt salaried employees must receive at least $455 a week as of April 2011 according to Fair Labor Standards Act (FLSA) laws. However, if an employer chooses to do so, breaks, usually of the type lasting less than 20 minutes, must be paid. Salaried employees may be exempt if they meet the salary basis test and a duties test for exempt administrative, executive, and/or professional employees. The laws are interpreted and enforced by local courts and employees at the South Carolina Department of Labor, Licensing and Regulation. Employees must be paid for shorter breaks they are allowed to take during the day. Minimum wage for non-exempt salaried employees in South Carolina is the same as the federal minimum wage rate, which is $7.25 an hour as of April 2011. Payday Requirements. Like some other states, South Carolina does not have its own overtime laws. Under the new law, over four million salaried workers may be eligible for overtime pay. Collapse. Holidays A non-exempt employee who is required to work on a legal holiday shall be given compensatory holiday leave … After salaried employees are terminated or resign from their jobs, they must receive wages they are due such as standard wages and overtime and vacation pay. The federal rule does not require an employer to provide either a meal (lunch) period or breaks. See FLSA: Overtime for more information regarding overtime requirements. Labor Laws; Complete Labor Law Poster for $24.95 from www.LaborLawCenter.com, includes State, Federal, & OSHA posting requirements If this is your first visit, be sure to check out the FAQ by clicking the link above. Wage and hour law generally requires employers to pay minimum wage and overtime to their employees and comply with basic working conditions requirements like rest and meal periods. While labor laws don’t require employers to give you paid vacation days or sick days, the Family and Medical Leave Act requires employers to give up to 12 weeks of unpaid leave for certain medical issues. South Carolina labor laws for salaried employees protect workers from illegal wage and overtime laws practiced by some employers. Minimum Wage for Tipped Employees. The overtime pay rate in the state is equal to one and one half times employees’ standard hourly wage. Information about South Carolina vacation leave laws may now be found on our South Carolina Leave Laws page. X. X. The Fair Labor Standards Act (FLSA) governs wage and hour laws of nonexempt employees. Employers who do not comply with the laws can receive fines and penalties. A. These workers were previously not eligible for overtime pay because they were paid an annual salary of at least $23,660, the previous minimum threshold for salaried employees. 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