South Carolina Overtime Laws
By FindLaw Staff | Legally reviewed by Chris Meyers, Esq. | Last reviewed December 27, 2022
This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw’s team of legal writers and attorneys and in accordance with our editorial standards.
The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area.
When workers clock extra hours beyond a normal, full-time week, they're often entitled to overtime pay. Like some other states, South Carolina does not have its own overtime laws. Therefore, the state follows the federal Fair Labor and Standards Act (FLSA), which requires employers pay employees time and a half (1.5 times an employee's normal rate of pay) for hours worked in excess of 40 hours per week.
South Carolina Overtime Law Summary
Key provisions of South Carolina overtime law, in this case federal law, are summarized in the below table.
State and Federal Statutes |
|
Overtime Calculation Methods: |
|
Exempt from FLSA |
|
Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.
Exceptions to South Carolina Overtime Laws
There are two exceptions to federal overtime law in South Carolina:
- Employees responsible for managing more than one other employee.
- Employees who spend more than 20 percent of their employment engaged in other occupations.
Exemptions From Overtime in South Carolina
Under federal law, the occupations or employees that are exempt from overtime laws include:
- Employees who work in sales
- Employees whose work tasks are primarily administrative
- Salaried professional employees whose jobs require specialized skill and knowledge (employers are not allowed to pay minimum-wage workers a salary to avoid paying them overtime, however)
- Executives of companies
Research the Law
- Official State Codes
- South Carolina State Laws
- South Carolina Employment Laws
- State Minimum Wage & Overtime Laws
Were You Denied Overtime Pay? Call a South Carolina Attorney
Overtime laws in South Carolina can have nuances even though it primarily follows federal law. If you believe you are owed overtime pay or want to learn more about South Carolina overtime laws, you should contact a local employment attorney with experience handling wage and hour claims.
Next Steps: Search for a Local Attorney
Contact a qualified attorney.
Stay up-to-date with how the law affects your life
Learn more about FindLaw’s newsletters, including our terms of use and privacy policy.