Filing a Wage and Hour Claim – South Carolina

Does South Carolina have state overtime laws that are different from federal law?

South Carolina law does not address the issue of overtime payments. For that reason, only federal law applies in South Carolina.

Does South Carolina have a minimum wage that is different from federal law?

South Carolina law does not address the issue of minimum wage. The federal minimum wage of $7.25 applies in South Carolina.

Does South Carolina have meal and rest break requirements, like federal law?

South Carolina law does not require employers to provide meal or rest breaks for employees.

Does South Carolina have other labor standards laws that are different from federal law?

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.

How do I file a wage/hour or labor standards claim in South Carolina?

If your employer owes you wages, you may file a complaint with the South Carolina Department of Labor, Licensing, and Regulation. The form is available at http://www.llr.state.sc.us/Labor/wages/pdf/wcl-3.pdf. 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.

What are my time deadlines?

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. You may wish to consult with an attorney prior to filing your claim, if possible. Yet if you are unable to find an attorney who will assist you, it is not necessary to have an attorney to file your claim.

How can I or my attorney pursue a claim in court in South Carolina?

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.

CONTACT INFORMATION

South Carolina Department of Labor, Licensing, and Regulation
http://www.llr.state.sc.us/
Synergy Business Park
Kingstree Building
110 Centerview Dr.
Columbia S.C. 29210
(803) 896-4300

This material was originally prepared by attorney Joseph Jaramillo and former law clerks Keia Cole and Adam Weiss of the law firm Goldstein, Demchak Baller Borgen and Dardarian, and was updated by Professor Douglas D. Scherer, of Touro College, Jacob D. Fuchsberg Law Center. Professor Scherer also serves as the Vice President of Workplace Fairness.