Employment and labor laws in South Carolina [Updated 2026]

Key takeaways

• South Carolina's minimum wage is $7.25/hr (the federal rate). South Carolina has no state-set minimum wage law.

• South Carolina is an at-will employment state with no state-mandated paid sick leave, paid vacation, or paid family leave.

• The South Carolina Human Affairs Law (SCHAL) applies to employers with 15+ employees and prohibits discrimination based on race, color, sex, national origin, religion, age, disability, and more.

• South Carolina is a right-to-work state: employees cannot be required to join a union or pay union dues.

• Workers' compensation insurance is generally required for employers with 4+ employees.

• South Carolina has no state-specific overtime law. Federal FLSA rules apply (1.5x pay for hours over 40/week).

• Employers are not required to provide bereavement leave, jury duty pay, or holiday leave, though federal law and best practices may apply.

To maintain a balanced employment relationship with employees, following labor and employment laws that protect workers from unfair treatment is essential. Understanding your legal obligations as an employer is key to building a compliant and productive workplace.

Employment and labor laws may differ from state to state, and in South Carolina, they're often similar to federal regulations. South Carolina is an at-will, right-to-work state with minimal state-specific mandates around wages and leave.

Employment vs. labor law: What's the difference?

Although employment and labor law are similar, they are legally different terms. Employment law primarily concerns the legal relationship between an employer and an individual employee, covering wages, hours, discrimination, and workplace safety. Labor law deals with forming, operating, and regulating unions, collective bargaining agreements, strikes, lockouts, and union membership and dues.

Wages and hours in South Carolina

South Carolina is one of the states that follows the federal minimum wage rate. The South Carolina Department of Labor, Licensing and Regulation maintains compliance with the Fair Labor Standards Act (FLSA).

Minimum wage in South Carolina

In South Carolina, the minimum wage rate is equal to the federal minimum wage rate of $7.25 per hour. South Carolina has no state minimum wage law. Employers are bound by the federal FLSA rate. Proposed bills in the 2025-2026 legislative session (including Bill 3226 and Bill 3809) would establish a state minimum, but none have passed as of July 2026.

Employers with tipped employees may pay a cash wage of $2.13 per hour, but total earnings (cash wages + tips) must reach at least $7.25 per hour. If they fall short, the employer must make up the difference.

Employers offering work-study programs must pay full-time student workers at least 85% of the South Carolina minimum wage, which is currently $6.16 per hour.

Overtime pay in South Carolina

South Carolina follows the federal FLSA for overtime. Non-exempt employees must be paid 1.5 times their regular rate for all hours worked beyond 40 in a single workweek.

Pay transparency in South Carolina

South Carolina does not have a statewide pay transparency law. Employers are not required to disclose wage ranges in job postings or to employees. The National Labor Relations Act (NLRA) does protect employees' rights to discuss their wages with one another, so employers cannot prohibit those conversations.

Breaks and rest periods in South Carolina

South Carolina does not have a state law requiring meal breaks or rest periods for adult employees. The federal FLSA applies: breaks under 20 minutes must be paid; meal periods of 30 minutes or more (where the employee is fully relieved) do not need to be paid.

Under the South Carolina Lactation Support Act, employers must provide reasonable unpaid break time and a private, non-bathroom space for nursing employees to express milk.

Leaves of absence in South Carolina

There are only a few unpaid leave laws for workers in South Carolina. Paid leave is usually not required for South Carolina employees.

Family and medical leave

South Carolina employers with 50+ employees must comply with the federal Family and Medical Leave Act (FMLA), which entitles eligible employees to up to 12 weeks of unpaid, job-protected leave per year for qualifying reasons.

Military leave

Under the federal USERRA, employees who leave work to serve in the military must be reinstated to their jobs upon returning, without losing seniority or benefits.

Jury duty leave

South Carolina law requires employers to give employees time off for jury duty. Employers may not terminate, threaten, or penalize employees for serving on a jury. Jury duty leave does not need to be paid.

Bereavement leave

South Carolina has no state law requiring employers to provide bereavement leave. Employers may choose to offer it as part of their benefits package.

Voting leave

South Carolina law does not require employers to provide time off for voting. Employers may voluntarily offer voting leave as a benefit.

Bone marrow donation leave

South Carolina requires employers with 20+ employees to provide up to 40 hours of paid leave for employees who donate bone marrow.

Holiday leave and vacation time

Private employers don't need to offer holiday leave or vacation time. If an employer does provide these benefits, they must follow the terms outlined in their employment contracts or company policies.

Workplace safety in South Carolina

South Carolina operates its own OSHA-approved state plan, administered by the SC OSHA office within the Department of Labor, Licensing and Regulation. All employers must provide a safe and healthful workplace.

Common workplace hazards include ergonomic hazards like heavy lifting and repetitive motions, chemical and dust hazards like pesticides and asbestos, powered industrial trucks, and general safety and health requirements.

Discrimination and harassment laws in South Carolina

South Carolina enacted the South Carolina Human Affairs Law (SCHAL), which applies to employers with 15 or more employees, overseen by the South Carolina Human Affairs Commission (SCHAC).

Protected characteristics under SCHAL and federal law include:

• Race, color, national origin

• Sex, gender identity, ethnicity

• Religion

• Age (40+)

• Disability

• Pregnancy

• Veteran/National Guard status

Harassment in the workplace can include offensive words or actions, such as hurtful comments, physical violence, threats, unwanted sexual advances, intimidation, or displaying inappropriate images that interfere with work. Isolated incidents typically don't qualify as harassment unless severe.

Sexual harassment training is not legally required for private employers in South Carolina. However, it is strongly recommended to mitigate legal risk.

Unions in South Carolina

Employees can form a labor union to negotiate working conditions together. According to the National Labor Relations Act (NLRA), employees have the guaranteed right to organize, engage in collective bargaining, strike or picket, and refuse to participate in union activities.

Employers can't fire or treat workers poorly for joining or supporting a union, as stated by the NLRA. South Carolina is a right-to-work state, so neither employers nor unions may require union membership or dues as a condition of employment.

How Rippling supports South Carolina labor law compliance

South Carolina operates primarily under federal employment law, but state-specific obligations — including the SC Payment of Wages Act's final pay requirements, mandatory workers' compensation coverage, and E-Verify requirements — still require careful attention. Rippling helps employers stay on top of these requirements without adding administrative overhead.

• Rippling HR Services: helps South Carolina employers manage HR administration, onboarding, and compliance documentation, including workers' compensation enrollment and employee termination processes.

• Rippling Payroll: automates payroll tax withholding, overtime, and final pay calculations in compliance with the South Carolina Payment of Wages Act.

• Rippling HRIS: maintains accurate employee records and documentation, supporting compliance with SC Department of Labor, Licensing, and Regulation requirements.

• Rippling Time and Attendance: tracks hours worked, leave balances, and scheduling to support FMLA and workers' compensation leave management.

• Rippling Headcount Planning and Compensation Bands: centralizes headcount planning and compensation management so employers can maintain pay equity, set consistent salary ranges, and stay ahead of pay transparency laws.

• Rippling LMS: delivers ready-to-use compliance and harassment training courses, helping employers meet training best practices and reduce legal risk across their workforce.

FAQs about South Carolina labor and employment laws

What is the minimum wage in South Carolina in 2026?

South Carolina does not have a state minimum wage law, so the federal rate of $7.25 per hour applies. Proposed legislation (e.g., Bill 3226) would create a state minimum, but no bill has passed as of mid-2026.

Is South Carolina an at-will employment state?

Yes. Either the employer or the employee can terminate the employment relationship at any time, for any reason, without advance notice, subject to exceptions such as anti-discrimination laws and contractual agreements.

Does South Carolina require overtime pay?

South Carolina follows the federal FLSA, which requires non-exempt employees to be paid 1.5 times their regular hourly rate for all hours worked beyond 40 in a single workweek.

What protected classes are covered under South Carolina anti-discrimination law?

The South Carolina Human Affairs Law (SCHAL) prohibits discrimination based on race, color, national origin, sex, religion, age (40+), disability, pregnancy, gender identity, veteran/National Guard status, and ethnicity.

Does South Carolina require paid sick leave?

No. South Carolina has no state law requiring private employers to provide paid sick leave. Employers may choose to offer it as part of their benefits package.

Are non-compete agreements enforceable in South Carolina?

Yes, non-compete agreements are generally enforceable in South Carolina, but courts scrutinize them carefully. They must be reasonable in scope, geographic area, and duration, and must protect a legitimate business interest.

Is workers' compensation required in South Carolina?

Yes. South Carolina law generally requires employers with 4 or more employees to carry workers' compensation insurance. Some categories of workers are exempt, including domestic servants and agricultural workers.

How do I file a workplace discrimination complaint in South Carolina?

Employees can file a complaint with the South Carolina Human Affairs Commission (SCHAC) or the federal Equal Employment Opportunity Commission (EEOC) within 180 days of the discriminatory act.