Federal & State Lawfederalstatelaw.com
Back to Questions
employmentSC

What is the minimum wage in South Carolina?

Federal & State Law Editorial TeamLast reviewed: 2026-04-30

South Carolina has NO state minimum wage statute. Workers covered by the federal FLSA receive $7.25/hour.

1. No State Minimum Wage

The South Carolina General Assembly has never enacted a minimum wage law. Federal FLSA covers most workers (employers with $500K+ annual gross OR engaged in interstate commerce — covers nearly all).

2. Federal Rate

  • $7.25/hour under 29 U.S.C. § 206 — unchanged since July 24, 2009.
  • Workers under 20: $4.25/hour youth wage for first 90 days.

    • 3. Tipped Workers

    Federal rules: $2.13/hour cash wage + tips reaching $7.25. If short, employer makes up difference (29 U.S.C. § 203(m)).

    4. Local Preemption

    S.C. Code § 6-1-130 (added 2002) prohibits any local government from establishing a minimum wage above federal/state level. Charleston, Columbia, Greenville cannot set local minimums for private employers.

    5. Overtime

    Federal FLSA: 1.5x after 40 hours/week. No state overtime law. No daily overtime.

    6. Federal Exemptions

    Standard FLSA exemptions: executive, administrative, professional ($684/week salary basis); outside sales; agricultural (small farm); seasonal recreation.

    7. South Carolina Payment of Wages Act

    S.C. Code §§ 41-10-10 to 41-10-110:

  • Notice of pay rates and policies must be in writing at hiring (§ 41-10-30).
  • Wages must be paid as agreed.
  • Final wages: due within 48 hours of termination or next regular payday, whichever is sooner (§ 41-10-50).
  • Civil penalty: 3x unpaid wages + costs + attorney's fees for unpaid wage violations (§ 41-10-80).

    • 8. Right-to-Work State

    South Carolina is a right-to-work state (S.C. Code § 41-7-10) — workers cannot be required to join unions or pay union dues as condition of employment.

    9. Enforcement

  • Federal: U.S. DOL Wage and Hour Division for FLSA.
  • State: South Carolina Department of Labor, Licensing, and Regulation enforces Payment of Wages Act.
  • Private right of action available for both.

    • 10. Pending Reform

    Bills to enact a state minimum wage have been introduced repeatedly without success. South Carolina is one of the most pro-employer wage regimes in the U.S.

    This is legal information, not legal advice.

    When to Talk to a Lawyer
    • Your final wages weren't paid within 48 hours of termination
    • You're owed unpaid wages — 3x damages available under § 41-10-80
    • Your employer takes the tip credit but tips don't reach $7.25
    Related Statutes & Laws
    • S.C. Code § 6-1-130
    • S.C. Code § 41-10-10
    • S.C. Code § 41-10-30
    • S.C. Code § 41-10-50
    • S.C. Code § 41-10-80
    • 29 U.S.C. § 206

    This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.