South Carolina Employment Law Deadlines & Compliance 2026
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Required policies, penalty exposures, cost breakdown, and FAQ — cite-checked against state statute.
South Carolina Employment Law At a Glance
Key compliance facts for South Carolina employers, drawn from primary statutory citations. For the full handbook-grade guide with required policies, penalty schedules, and FAQ, upgrade to a DocBird Pro handbook.
At-Will Status
At-will employment
2 exceptions
- Public policy exception: South Carolina recognizes a narrow wrongful discharge tort when an employee is terminated for exercising a right or performing a duty under South Carolina law. The state Supreme Court established this exception in Ludwick v. This Minute of Carolina. Recognized grounds include retaliating against an employee for filing a workers' compensation claim, for jury service, or for exercising rights under the South Carolina Payment of Wages Act. Courts interpret the exception narrowly.
- Implied contract exception: South Carolina courts are reluctant to find implied employment contracts from handbook language alone. The court in Grant v. Mount Vernon Mills requires the employer's language to be very specific — essentially a written contractual promise of continued employment. General progressive discipline procedures or performance improvement commitments are typically insufficient to override at-will status. Strong at-will disclaimers are highly protective.
Minimum Wage
$7.25/hr (eff. 2009-07-24)
South Carolina has no state minimum wage law; the federal FLSA minimum of $7.25 per hour applies. South Carolina is one of five states with no state minimum wage. Local governments cannot enact higher minimum wage ordinances. A tip credit of $5.12 per hour is permitted under the federal FLSA; tipped employees must receive total compensation of at least $7.25.
Paid Sick Leave
No state mandate
Bereavement Leave Law
No state mandate
Key South Carolina Employment Statutes
South Carolina Payment of Wages Act
Requires employers to pay all wages due at regular paydays and to provide each employee with a written statement of wages and deductions. Final wages for separated employees must be paid on the next regular payday. Employers who fail to pay wages within the required period face a civil penalty of 10% of the unpaid amount per day. Employees may recover unpaid wages plus triple damages (up to three times the unpaid wages) and attorney fees in civil court.
South Carolina Human Affairs Law
Prohibits employment discrimination based on race, color, religion, sex, age (40+), national origin, and disability. Applies to employers with 15 or more employees. The South Carolina Human Affairs Commission (SCHAC) investigates charges; employees must file within 180 days of the discriminatory act. The SCHAC attempts conciliation; if unsuccessful, the employee may file a civil action. Remedies include reinstatement, back pay, compensatory damages, and attorney fees.
South Carolina Workers' Compensation Act
Requires employers with four or more employees to carry workers' compensation insurance or qualify as self-insured. Benefits include medical treatment, temporary total disability at 66-2/3% of average weekly wages (subject to state maximums), permanent disability ratings, and death benefits. The Act provides the exclusive remedy for work-related injuries. The South Carolina Workers' Compensation Commission adjudicates disputed claims and employer compliance issues.
South Carolina Workers' Compensation Anti-Retaliation
Prohibits employers from discharging an employee because the employee instituted or caused to be instituted a workers' compensation claim or proceeding. Retaliatory discharge claims must be brought in circuit court within one year of the retaliatory act. Remedies include reinstatement and back pay. The employer bears the burden of proving that the discharge was for legitimate business reasons unrelated to the workers' compensation claim.
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