Under South Carolina overtime laws you earn no state weekly trigger — the federal FLSA rule: after 40 hours in a workweek at 1.5 times the regular rate, and no daily overtime in South Carolina — only the weekly total counts. The minimum wage is No state minimum wage; the federal $7.25 applies to FLSA-covered employers.
This guide gives the exact south carolina overtime laws rule with the date we verified it, the statute, and what to do next. Rules verified against South Carolina Department of Labor, Licensing and Regulation, Wages and Child Labor on 2026-10-08; confirm the current rule with South Carolina Department of Labor, Licensing and Regulation, Wages and Child Labor or an attorney before you rely on it.
South Carolina Overtime Laws at a Glance
| Minimum wage | No state minimum wage; the federal $7.25 applies to FLSA-covered employers |
| Weekly overtime | No state weekly trigger — the federal FLSA rule: after 40 hours in a workweek at 1.5 times the regular rate |
| Daily overtime | No daily overtime in South Carolina — only the weekly total counts |
| Rate | 1.5 times the regular rate (double time only where the row says so) |
| State overtime statute | No |
In This South Carolina Overtime Laws Guide:
South Carolina Overtime Laws: The Rules
No state weekly trigger — the federal FLSA rule: after 40 hours in a workweek at 1.5 times the regular rate. No daily overtime in South Carolina — only the weekly total counts. The overtime rate is one and a half times your regular rate of pay — the regular rate includes non-discretionary bonuses and shift differentials, not just the base wage.
South Carolina has no state overtime law; the federal 40-hour rule applies.
How to Calculate Overtime Under South Carolina Overtime Laws
Take your total pay for the week, divide by the hours you worked to get the regular rate, and multiply the overtime hours by 1.5 times that rate. A worker paid No an hour who works 48 hours in a 40-hour state is owed 8 hours at time and a half.
Salary does not mean exempt: a salaried worker below the exemption tests still gets overtime on the hours over the threshold.
South Carolina Overtime Laws at a Glance
Rules verified against South Carolina Department of Labor, Licensing and Regulation, Wages and Child Labor on 2026-10-08; confirm the current rule with South Carolina Department of Labor, Licensing and Regulation, Wages and Child Labor or an attorney before you rely on it. The statute row is where to check it yourself.
| Minimum wage | No state minimum wage; the federal $7.25 applies to FLSA-covered employers |
| Weekly overtime | No state weekly trigger — the federal FLSA rule: after 40 hours in a workweek at 1.5 times the regular rate |
| Daily overtime | No daily overtime in South Carolina — only the weekly total counts |
| Rate | 1.5 times the regular rate (double time only where the row says so) |
| State overtime statute | No |
Who Is Exempt From South Carolina Overtime Laws
Because South Carolina has no overtime statute, the federal FLSA exemptions apply. The main exempt groups are salaried executives, administrative employees, learned or creative professionals, certain computer professionals and outside sales workers. Most of these roles must pass the federal salary-basis and salary-level tests as well as a duties test. Job title alone does not make you exempt, so confirm your status with the Wage and Hour Division.
Daily Overtime and South Carolina Overtime Laws
South Carolina has no daily overtime rule: a 12-hour day in a 36-hour week earns no premium, because only the weekly total counts. Federal law generally does not allow private employers in South Carolina to give comp time instead of overtime pay. Overtime hours must be paid in cash at the overtime rate. The FLSA comp-time option applies only to public-sector employers.
Is Overtime Taxed Differently Under South Carolina Overtime Laws?
No — overtime is ordinary wages and is taxed at the same income-tax rates as the rest of your pay; it can push more of your pay into a higher withholding bracket on one check, but the annual tax rate does not change. South Carolina has no state minimum wage or tip-credit law, so the federal FLSA tip-credit rules apply.
When a tipped worker earns overtime, the overtime rate is figured on the full federal minimum wage, not the lower cash wage. The employer may take the same tip credit in overtime hours as in regular hours.
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How to Claim Unpaid Overtime Under South Carolina Overtime Laws
South Carolina has no state overtime law, so most workers claim unpaid overtime through the U.S. Department of Labor’s Wage and Hour Division under the federal Fair Labor Standards Act (FLSA). You can file by phone or at the WHD office in Columbia; no special form is required, but it helps to have pay stubs, time records and your employer’s details ready.
The FLSA look-back period is fixed by federal law and is longer if the violation was willful. Other unpaid wages, apart from overtime, can be reported to the SC Department of Labor, Licensing and Regulation (LLR) under the state Payment of Wages Act.
Other South Carolina Overtime Laws Rules to Know
South Carolina’s Payment of Wages Act (S.C. Code Title 41, Chapter 10) does not create an overtime right. It does require employers to tell workers in writing what they will be paid and when payday is, and to pay all wages due. A worker may sue under this Act for wages owed, and a court may award more than the unpaid amount plus attorney’s fees. Confirm the details with LLR.
Think you are owed overtime? The wage-claim agency takes the complaint for free.
Contact South Carolina Department of Labor, Licensing and Regulation, Wages and Child Labor
South Carolina — the bottom line
- South carolina overtime laws start the premium no state weekly trigger — the federal FLSA rule: after 40 hours in a workweek at 1.5 times the regular rate — count the week, not the day.
- Under south carolina overtime laws the rate is 1.5 times the regular rate, and the regular rate includes your bonuses and differentials.
- South carolina overtime laws are enforced by a free wage claim — you do not need a lawyer to recover unpaid overtime.
Frequently Asked Questions
When do I get overtime under South Carolina overtime laws?
No state weekly trigger — the federal FLSA rule: after 40 hours in a workweek at 1.5 times the regular rate. No daily overtime in South Carolina — only the weekly total counts.
What is the overtime rate in South Carolina?
One and a half times your regular rate of pay, which includes non-discretionary bonuses and shift pay.
Does South Carolina have daily overtime?
No daily overtime in south carolina — only the weekly total counts.
Can my employer give comp time instead of overtime pay in South Carolina?
Federal law generally does not allow private employers in South Carolina to give comp time instead of overtime pay. Overtime hours must be paid in cash at the overtime rate.
How do I claim unpaid overtime in South Carolina?
South Carolina has no state overtime law, so most workers claim unpaid overtime through the U.S. Department of Labor’s Wage and Hour Division under the federal Fair Labor Standards Act (FLSA).
Official South Carolina Sources & Resources
- South Carolina Department of Labor, Licensing and Regulation, Wages and Child Labor: https://llr.sc.gov/wage/
- South Carolina statute (South Carolina has no state overtime law; the federal 40-hour rule applies.): https://www.scstatehouse.gov/code/t41c010.php
- Verified source: https://www.dol.gov/agencies/whd/minimum-wage/state
- U.S. Department of Labor, Wage and Hour Division — state payday requirements: dol.gov
This south carolina overtime laws guide was last verified against official South Carolina sources in October 2026. Rules change — confirm the current figure with the state agency or a licensed attorney.
More South Carolina Workplace Rights Guides
- South Carolina Break Laws: Meal and Rest Breaks
- South Carolina Final Paycheck Law: Deadlines and Penalties
- South Carolina Labor Laws: Every Rule in One Place
- South Carolina Unemployment Benefits: How Much and How Long
- Unemployment and Workplace Rights Guides for All 50 States
Disclaimer: This guide is general information, not legal or financial advice. My Unemployment Rights is an independent educational resource, not a government agency and not a law firm. Final-paycheck deadlines, penalties and non compete rules change — every figure here carries the date we verified it. Confirm the current rule with your state labor department or a licensed attorney before you act.