Are you a South Carolina employee who regularly works more than 40 hours in a single workweek? If so, then you may be eligible for overtime pay under the Fair Labor Standards Act (FLSA). To make sure you’re properly compensated for the time you put in, you need to familiarize yourself with the federal overtime law. And if your employer hasn’t been compensating you properly, then you need to know what to do about it.
Overtime Law Summary for South Carolina
Below Is an Outline of Critical Components for South Carolina Overtime Law, specifically, the federal components.
State/Federal Statutes
South Carolina does not have its own overtime laws.
Hourly Employees: 1.5 x Normal pay rate for all hours above 40 in a single workweek.
Hourly Employees with Plus Bonus and/or Commission: To determine the regular rate, take the total hours worked multiplied by the hourly rate, then add the workweek bonus/commission. Next, divide by the total hours in a single workweek. Finally, pay half of the adjusted rate for every hour of overtime.
Salary Employees: To determine the regular rate, take the salary and divide by the number of hours the salary is supposed to cover.
Add the regular rate for each hour up to 40 hours if the hours total less than 40. For all hours after 40, 1.5 x the regular rate.
Pay 1.5 x the regular rate for each hour over if the total hours worked is above 40.
FLSA Exemption
Not entitled to overtime pay are the following types of South Carolina employees:
Administrative Employees
Outside Sales Employees
Supervisory Employee (Management as Primary Duty)
Professionals with highly specialized skills and knowledge who also receive a salary. *Employers cannot pay employees who earn minimum wage a salary to avoid paying overtime, however.
Wage Complaint Filing Process
File a Complaint to the U.S. Dept. of Labor
File a Wage Complaint Form with the South Carolina Dept. of Labor
Note: New legislation, high court rulings (federal court decisions included), ballot initiatives, and other influences can change state laws. Please refer to a qualified attorney or complete your own research to verify the laws in your state to ensure accuracy.
South Carolina Overtime Laws Exceptions
South Carolina overtime law has two federal exceptions:
Employees supervising more than one employee.
Employees going about other occupations for more than 20 percent of their time at work
Other South Carolina Overtime Exemptions
Federal law exempts the following occupations from overtime:
Sales employees
Administrative employees
Executive employees
Professionals employees (highly specialized skills and knowledge who also receive a salary).
Where to Look for More Information
Official State Codes
South Carolina Employment Laws
South Carolina State Laws
State Overtime & Minimum Wage Laws
If You Have Been Denied Overtime, Seek Legal Advice Immediately
State and federal laws concerning overtime pay are complex and are subject to change. It always helps to have a professional there to help. If you feel that you or someone you care about has not been properly compensated, then please get in touch with the Lemberg Law legal team today. Complete our form for a FREE case evaluation, or call 475-277-2200 NOW. You may be entitled to compensation for damages, injuries, or lost wages for federal and state wage law violations.
About the Author:
Sergei Lemberg is a lawyer whose practice focuses on consumer law, class actions and personal injury litigation. He has been repeatedly recognized as the “most active consumer attorney” in the country. In 2020, Mr. Lemberg represented Noah Duguid in the United States Supreme Court in the case entitled Duguid v. Facebook. He is the author of Defanging Debt Collectors, a book that teaches consumers how to battle debt collectors and win.
