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South Carolina Employer HR Compliance Guide
South Carolina is a relatively employer-friendly state with minimal state-level mandates, relying heavily on federal law for wage, overtime, and leave requirements. The overall compliance burden is low compared to most states, though employers should note new NICU leave obligations effective June 1, 2026. There is no state minimum wage above federal, no paid family leave program, and no statewide pay transparency law requiring salary ranges in job postings.
Key Facts — South Carolina
- Minimum Wage
- South Carolina has no state minimum wage law and defaults to the federal rate of $7.25/hour. The federal tip credit allows a direct cash wage of $2.13/hour for tipped employees provided total compensation reaches $7.25/hour. A federal training wage of $4.25/hour applies to employees under 20 for their first 90 days. No scheduled increases and no significant local variations are in effect.
- Pay Transparency
- No state pay transparency law requiring salary ranges in job postings. However, under SC Code § 41-10-30, employers must provide written wage notification at the time of hire covering normal hours, wage rates, payment schedule, and deductions. Employers must also give at least seven days' advance written notice before reducing wages or changing pay terms (increases are exempt from this notice requirement).
- Paid Family & Medical Leave
- No state PFML program. South Carolina has not enacted a paid family or medical leave program, and employees must rely on federal FMLA unpaid leave protections where applicable.
Priority Compliance Actions
- 1Update new hire onboarding packets to include SC § 41-10-30 compliant written wage notifications covering hours, pay rate, payment schedule, and all deductions.
- 2Revise wage change procedures to ensure at least seven days' written advance notice is given to employees before any reduction in wages or changes to pay terms.
- 3Update leave policies before June 1, 2026 to include NICU leave provisions—10 days unpaid for employers with 16–50 employees, 20 days for employers with 51+ employees.
- 4Audit final paycheck procedures to confirm separated employees are paid all wages owed within 48 hours or by the next regular payday, no later than 30 days.
- 5Review independent contractor agreements and classification determinations to ensure alignment with the common law control test and applicable federal standards.
Leave Laws
Federal FMLA applies to employers with 50+ employees, providing up to 12 weeks of unpaid leave. Effective June 1, 2026, employers with 16–50 employees must provide up to 10 days of unpaid NICU leave, while employers with 51+ employees must provide up to 20 days of unpaid NICU leave when an employee's child is a NICU patient. South Carolina has no statewide paid sick leave or general state family leave law. No mandatory accrued sick leave statute exists.
Wage & Hour
Overtime follows the FLSA: non-exempt employees must receive 1.5x their regular rate for hours exceeding 40 in a workweek. Upon separation, final wages must be paid within 48 hours of the employee's last day or by the next regular payday, whichever is earlier, but no later than 30 days. Pay frequency requirements follow federal standards; South Carolina has no separate state law on pay frequency. There is no state-specific expense reimbursement mandate beyond federal requirements.
Worker Classification
South Carolina is an at-will employment state with few exceptions. The state generally uses the common law right-to-control test for independent contractor classification, though federal ABC or economic reality tests may apply depending on the regulatory context (e.g., unemployment insurance). Non-compete agreements are enforceable if reasonable in scope, duration, and geographic area, with courts applying a blue-pencil doctrine to modify overly broad restrictions.
Hiring & Onboarding
South Carolina has no statewide ban-the-box law for private employers, though employers should review any applicable local ordinances. There is no state salary history ban. New hire reporting to the South Carolina New Hire Reporting Program is required within 20 days of hire. Drug testing is permitted but not mandated; employers should maintain a written policy to ensure defensible practices.
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