South Carolina maintains an employer-focused legal framework anchored by right-to-work protections and deference to employer policies for paid leave, pay transparency, and payout of accrued vacation time. Compliance standards instead center on discrimination rules, final-pay requirements, and mandatory E-Verify use for public and private organizations.
When it comes to talent and workforce management, South Carolina-based employers need to comply with the following state employment laws:
The below information was last updated September 9, 2025. It is not intended as legal advice. Also, unless otherwise noted below, the following laws predominantly apply to the private sector.
A subset of employment law, labor law focuses on the relationships between employers, employees, and labor unions, particularly in the context of collective bargaining and workplace rights.
Central to US labor law is the National Labor Relations Act (NLRA), which protects employees’ rights to organize, join unions, and negotiate working conditions while restricting unfair labor practices. Still, states can enact additional laws, such as Right-to-Work statutes, that influence union membership and dues requirements.
Right-to-work states prohibit employers from requiring union membership or dues as a condition of employment (a.k.a. union security agreements).
South Carolina is one of 26 states that currently have right-to-work laws.
Employment law governs the individual rights of employees and their professional relationship with their employers, such as working hours, fair wages, anti-discrimination protections, and workplace safety.
| South Carolina Minimum Wage | The state of South Carolina mirrors the federal minimum wage rate of $7.25, including the tipped minimum wage rate of $2.13 for employees who earn tips with their base pay. |
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South Carolina Overtime Pay Laws |
South Carolina doesn't currently have any overtime pay laws or regulations. However, South Carolina-based employers must still comply with the Fair Labor Standards Act's (FLSA) requirement that nonexempt employees receive 1.5 times their normal rate of pay when working over 40 hours a week. |
| South Carolina Pay Equity Law | Under the South Carolina Human Affairs Law, employers in South Carolina may not make discriminatory employment decisions because of the individual's race, religion, color, sex, age, national origin, or disability. This applies to South Carolina employers with 15 or more employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year, and any agent of such a person. |
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South Carolina Pay Transparency Law |
South Carolina currently has no pay transparency laws or regulations. |
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South Carolina Final Paycheck Law |
In South Carolina, employees who voluntarily resign from a job or are involuntarily terminated must receive their final paycheck within 48 hours of the next regular payday, not to exceed 30 business days. |
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South Carolina PTO Payout Laws |
South Carolina doesn’t have specific PTO payout requirements, as it bases such decisions on an employer's policy. It also has no regulations regarding the use of "use-it-or-lose-it" policies. |
| South Carolina Paid Sick Leave (PSL) | South Carolina currently has no paid sick leave laws or regulations. |
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South Carolina Paid Family and Medical Leave (PFML) |
South Carolina currently has no PFML laws or regulations. However, employers with 50 or more employees must still comply with the federal Family and Medical Leave Act (FMLA), which provides eligible employees up to 12 weeks of unpaid leave every 12 months for various reasons. |
| South Carolina Maternity Leave | South Carolina doesn't have a maternity leave law, as this type of leave is an employer-provided benefit. Since the state also doesn’t have a mandated PFML program, employees must instead use FMLA leave or another type of employer-provided leave. |
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South Carolina Voting Leave Law |
South Carolina currently has no voting leave laws or regulations. |
All states must comply with federal health and safety standards overseen by the Occupational Safety and Health Administration (OSHA).
South Carolina, however, also adopted and imposes additional, OSHA-approved regulations that are identical to those federal standards. South Carolina's State OSHA Plan is overseen by the South Carolina Department of Labor, Licensing, and Regulation.
South Carolina currently has no work break laws or regulations.
As described by the South Carolina Human Affairs Law and enforced by the South Carolina Human Affairs Commission, employers in South Carolina are prohibited from discriminating against employees based on:
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South Carolina also requires employers to comply with specific anti-harassment mandates, also outlined in the Human Affairs Law. Employers must, for example, have internal processes for dealing with sexual harassment, permitting employees to complain to a specific office or individual.
The state doesn't, however, require employees to complete any harassment or discrimination training courses.
| South Carolina Non-Compete Agreement Laws | South Carolina currently has no laws or regulations banning or limiting the use of non-compete agreements. |
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South Carolina Retirement Plan Laws |
South Carolina currently has no mandatory retirement plan laws or regulations. |
| South Carolina Lactation Law | South Carolina Annotated Code § 41-1-130 states employers shall provide employees with reasonable unpaid break time daily or shall permit employees to use paid break time or mealtime to express breast milk and make reasonable efforts to provide certain areas where employees may express breast milk. |
| South Carolina Employment Verification Laws | Under South Carolina Annotated Codes § 8-14-10 to §8-14-90, public and private employers, including service contractors, are required to use E-Verify. |
This information is provided as a courtesy and may be updated at any time. It is not intended as legal guidance. If you have questions or concerns, we encourage you to seek the advice of a qualified employment or labor attorney or advisor.
Between constantly changing employment laws and updates to the Affordable Care Act (ACA), keeping your workplace compliant can be a time-consuming and costly challenge. Eliminate the stress and stay up to date with our Compliance Dashboard. View compliance alerts and get a bird’s eye view of what you need to do to avoid fines and penalties.
