Filing a Wage and Hour Claim - South Carolina
South Carolina law does not address the issue of overtime payments, so only federal overtime law applies in South Carolina.
South Carolina law does not address the issue of minimum wage. Therefore, the federal minimum wage of $7.25 per hour, or $2.13 per hour for tipped workers, applies in South Carolina.
No. In 2017, South Carolina passed a law that stops any cities or counties in the state from passing their own minimum wage laws. Therefore, the federal minimum wage applies across the state.
South Carolina law does not require employers to provide meal or rest breaks for employees.
State law requires an employer of five or more employees to notify each employee in writing at the time of hiring of the wages agreed upon, the time and place of payment, and the deductions which will be made from wages, including insurance programs.
If your employer owes you wages, you may file a complaint online with the South Carolina Department of Labor, Licensing, and Regulation’s Office of Wages and Child Labor. The form can also be printed and mailed. If the Department determines that a violation of the wage-and-hour laws has occurred, it will issue a notice; the employer may request a review of the notice.
Do not delay in contacting the Department to file a claim. There are strict time limits in which charges of employment discrimination must be filed. In order for the Department to act on your behalf, you must file the claim form within three years from the date that your wages are due. However, as you might have other legal claims with shorter deadlines, do not wait to file your claim until your time limit is close to expiring. It may be helpful to consult with an attorney prior to filing your claim, but it is not necessary to have an attorney to file your claim.
Instead of filing a wage claim with the Department of Labor, Licensing, and Registration, you may bring a suit in court for unpaid wages. The court may award you up to three times the unpaid wages, as well as your litigation costs and reasonable attorneys’ fees. The statute of limitations for such a suit is three years.