South Carolina Overtime Laws
South Carolina follows federal FLSA overtime rules.
Weekly OT Threshold
40 hrs
Daily OT Threshold
None
Double Time
No
Minimum Wage
$7.25
Federal rate
Overtime Rules
| Weekly Overtime | Hours over 40 in a workweek paid at 1.5x |
| Daily Overtime | Not required by state law |
| Double Time | Not required by state law |
| 7th Consecutive Day | No special rule |
Exemptions
The following categories of employees may be exempt from overtime requirements:
Standard FLSA exemptions apply
Important Notes
South Carolina has no state minimum wage or overtime law.
State Labor Department
South Carolina Economy and Workforce
South Carolina's GDP grew 6.9% in 2024, the second-highest growth rate in the nation, reaching $350 billion. Tourism remains the largest industry, while advanced manufacturing, particularly automotive and aerospace, drives export growth. BMW's Greer facility is the largest car exporter in the United States by value, shipping over $10 billion in vehicles abroad in 2024.
Industries with Common Overtime
These South Carolina industries frequently involve overtime work situations:
Automotive Manufacturing
Assembly line workers at BMW, Volvo, and Mercedes-Benz supplier plants frequently work overtime to meet production targets.
Tourism and Hospitality
Hotel and restaurant workers in Myrtle Beach, Charleston, and Hilton Head work extended hours during peak tourist seasons.
Aerospace
Boeing production workers and aerospace suppliers work overtime during aircraft assembly and delivery pushes.
Warehousing and Logistics
Port-related workers and distribution center employees work overtime during high shipping volumes.
Healthcare
Hospital nurses and medical staff work overtime shifts to maintain patient care coverage.
Frequently Asked Questions
No, South Carolina does not have state-specific overtime laws and relies entirely on the federal Fair Labor Standards Act (FLSA). Non-exempt employees must receive 1.5 times their regular rate for hours worked over 40 in a workweek. The minimum wage follows the federal rate of $7.25 per hour.
No, private-sector employers in South Carolina cannot offer comp time in place of overtime wages. The FLSA requires private businesses to pay 1.5 times the regular rate for overtime hours. Agreements to accept comp time are not valid, even if the employee consents.
You can file a wage complaint with the South Carolina Department of Labor, Licensing and Regulation, or with the U.S. Department of Labor's Wage and Hour Division. If you file a lawsuit and win, the court may award you up to three times the unpaid wages, plus litigation costs and reasonable attorney's fees.
How to File a Wage Claim in South Carolina
If you believe you are owed overtime pay, follow these steps:
Complete the Wage Complaint Form available on the South Carolina Department of Labor, Licensing and Regulation website.
Submit the form online, by fax (803-896-7680), or by mail to the Wages and Child Labor section at P.O. Box 11329, Columbia, SC 29211-1329.
Alternatively, call (803) 896-4470 for assistance with Payment of Wages Act complaints.
The Department will investigate your claim, but note that it cannot force the employer to pay even if wages are found to be owed.
If the employer refuses to pay, you may need to file a lawsuit in civil court to recover wages, where you may be awarded up to three times the unpaid amount.
Important South Carolina Consideration
South Carolina's wage claim enforcement has a significant limitation: even if the Department of Labor investigates and determines that wages are owed, it cannot force the employer to pay. Workers may need to pursue civil litigation to actually recover unpaid overtime. The upside is that successful lawsuits may result in treble damages (three times the unpaid wages), making legal action worthwhile for significant unpaid overtime amounts.
Disclaimer: This information is provided for general educational purposes only and should not be considered legal advice. Overtime laws can change and may have exceptions not listed here. For specific situations, consult with your employer's HR department, the state labor department, or an employment attorney.