The rule in South Carolina
In South Carolina, hours over 40 in a workweek are paid at 1.5 times your regular rate. There is no general daily limit, so a 12-hour day inside a 36-hour week earns no overtime.
The US Department of Labor's state table adds: “No state minimum wage law. FLSA governs.”
What counts toward your regular rate
Overtime is 1.5 times your regular rate of pay: everything you earned for the week at straight time, divided by every hour you worked.
Counts
- Your hourly pay for every hour worked, at each rate you worked
- Non-discretionary bonuses — attendance, production, safety, or any bonus promised in advance
- Commissions
- Shift differentials for nights, weekends or hazardous work
Does not count
- Discretionary bonuses and gifts, where both the fact and the amount were up to the employer
- Expense reimbursements
- Pay for time not worked: vacation, holidays, sick days
A worked example
Common mistakes employers make in South Carolina
- Sending an overtime complaint to the state. South Carolina's labor department says overtime is a federal matter and points workers to the US Department of Labor's Columbia office.
- Never putting the pay terms in writing. An employer with five or more employees must tell each one in writing at hiring the wages agreed, the time and place of payment, and the deductions to be made.
- Letting earned wages go unpaid. A South Carolina employee can recover three times the unpaid wages plus costs and attorney's fees, if the suit is brought within three years.
Other South Carolina pay rules worth knowing
- Final paycheck if fired: Within 48 hours or by your next regular payday, whichever comes later.
- Unused PTO: Vacation, holiday and sick leave count as wages in South Carolina only when your employer's policy or employment contract makes them due. Otherwise payout depends on company policy.
- Late final pay: In a civil action you may recover up to three times the unpaid wages, plus costs and attorney's fees as the court allows (S.C. Code § 41-10-80(C)).
South Carolina final paycheck law and deadline calculator →
South Carolina overtime: common questions
Does my employer have to pay overtime if they didn't approve it?
Yes. Time your employer knew you were working, or allowed you to work, counts as hours worked, whether or not anyone approved it in advance. An employer can discipline you for breaking an overtime policy, but it still has to pay overtime for those hours — in South Carolina as everywhere else under federal law.
Does my bonus change my overtime rate?
Yes, if the bonus is non-discretionary — promised for attendance, production, safety or hitting a target. It is added to your straight-time pay and divided by all the hours you worked, and your overtime is 1.5 times that higher rate. Discretionary gifts, expense reimbursements and paid time off are left out.
Does South Carolina have its own overtime law?
No. South Carolina has no state overtime provision, so the federal Fair Labor Standards Act sets the rule: time and a half after 40 hours in a workweek, with no daily limit. The federal law covers most employers — any business with $500,000 or more in annual sales, plus hospitals, schools and government agencies.
What is a workweek, and can my employer change it?
A workweek is a fixed, recurring block of seven consecutive 24-hour days, and it can start on any day and at any hour. Overtime is counted per workweek, never averaged across two, even when you are paid every two weeks. Your employer can change the start day, but only permanently and not to avoid paying overtime.
If you think you were underpaid
- Keep your own record of the hours you worked — the time card calculator totals them and exports a CSV — plus photos of the posted schedule and messages about shifts.
- Ask your employer in writing to correct the pay. Email beats a conversation because it creates a dated record.
- File a wage claim — File a wage complaint with the S.C. Department of Labor, Licensing and Regulation, Office of Wages and Child Labor — 803-896-7756. It is free, and you do not need a lawyer.
- Federal overtime claims must generally be brought within 2 years of the underpayment, or 3 years if the violation was willful.
Spotted something wrong? Report an error.
Other states that also follow the 40-hour weekly rule with nothing added: Delaware, District of Columbia and Illinois.
Work across a state line? North Carolina overtime rules.