South Carolina has not established a minimum wage rate. Under the South Carolina Human Affairs Law, it is unlawful to fire employees because of race, color, religion, national origin, sex (including pregnancy), disability, or age (at least 40 years of age) (SC Code Sec. Before salaried employees are classified as exempt from overtime pay, they must meet certain criteria. The law requires employers to pay nonexempt employees at least the federal minimum wage and requires the payment of overtime for an employee who works more than 40 hours in a week. The federal rule does not require an employer to provide either a meal (lunch) period or breaks. 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. Like some other states, South Carolina does not have its own overtime laws. part 541 with an effective date of January 1, 2020.WHD will continue to enforce the 2004 part 541 regulations through December 31, 2019, including the $455 per week standard salary level and $100,000 annual compensation level for Highly Compensated Employees. Charleston Business: Mandatory Time Off Becomes Oft-Used Budgeting Tool, U.S. She has more than 17 years of business, human resources and project management experience and decades of book, newspaper, magazine, radio and business writing experience. Exempt salaried employees are not required to receive overtime pay. Although non-exempt salaried workers generally receive a standard weekly, bi-weekly or monthly paycheck the total amount of wages they earn during a pay period must equal at least $7.25 an hour. For example, they must perform work that requires advanced knowledge in a field of science or learning. Employment laws can change at a moments notice. A work period of eight consecutive hours over five days with at least eight hours of rest in between shifts defines a standard shift. Sign up for Employment Law Handbook’s free email updates to stay informed. 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. Non-compliant employers are also responsible for paying employees’ attorney’s fees. However, under federal law, employees who work more than 40 hours a week are eligible for overtime. SC Dept. As long as the salaried worker is able, available and willing to work, the employer must pay him his full salary, even if work is unavailable. 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. The rules contained in the act are enforced by the agency's Wage and Hour Division, which is also responsible for investigating employees' claims of unfair employment practices concerning minimum wage, overtime pay, exempt classifications and working hours. Employers who do not comply with the laws can receive fines and penalties. 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. 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. However, many employment … Her works have appeared in leading periodicals like "Madame Noire," "Halogen TV," "The Network Journal," "Essence," "Your Church Magazine," "The Trenton Times," "Pittsburgh Quarterly" and "New Citizens Press.". Additionally, employees who earn annual salaries equal to or above $100,000 are exempt from receiving overtime if they perform one or more duties as an executive administrative professional. Employees must receive overtime pay after they work more than 40 hours during a week.