South Carolina Overtime Laws

When workers clock extra hours beyond a normal, full-time week, they're often entitled to overtime pay. Like some other states, South Carolina does not have its own overtime laws. Therefore, the state follows the federal Fair Labor and Standards Act (FLSA), which requires employers pay employees time and a half (1.5 times an employee's normal rate of pay) for hours worked in excess of 40 hours per week.

South Carolina Overtime Law Summary

Key provisions of South Carolina overtime law, in this case federal law, are summarized in the below table.

State and Federal Statutes

Overtime Calculation Methods:

  • Hourly: Pay time and a half (1.5 times the regular rate) for hours worked in excess of 40 hours per workweek.
  • Hourly Plus Bonus and/or Commission: Regular rate = Total hours times hourly rate, plus the workweek equivalent of the bonus and/or commission, divided by the total hours in the workweek; then pay half of that regular rate for each overtime hour.
  • Salary: Regular rate = Salary divided by the number of hours the salary is intended to compensate.
    • If the regular hours are less than 40: Add regular rate for each hour up to 40, then pay time and a half for hours over 40.
    • If the regular hours = 40: Pay time and a half for hours over 40.

Exempt from FLSA

  • The following classes of employees are not entitled to overtime pay (partial list)
    • Employees who work in sales
    • Employees whose work tasks are primarily administrative
    • Salaried professional employees whose jobs require specialized skill and knowledge (employers are not allowed to pay minimum-wage workers a salary to avoid paying them overtime, however)

Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.

Exceptions to South Carolina Overtime Laws

There are two exceptions to federal overtime law in South Carolina:

  • Employees responsible for managing more than one other employee.
  • Employees who spend more than 20 percent of their employment engaged in other occupations.

Exemptions from Overtime in South Carolina

Under federal law, the occupations or employees that are exempt from overtime laws include:

  • Employees who work in sales
  • Employees whose work tasks are primarily administrative
  • Salaried professional employees whose jobs require specialized skill and knowledge (employers are not allowed to pay minimum-wage workers a salary to avoid paying them overtime, however)
  • Executives of companies

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Overtime laws in South Carolina can have nuances even though it primarily follows federal law. If you believe you are owed overtime pay or want to learn more about South Carolina overtime laws, you can contact a local attorney for a free initial case review at no obligation today.

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