🇺🇸 South Carolina EMPLOYMENT LAW — 2026 UPDATE

South Carolina Employment Law 2026

⚠️Informational only — not legal or tax advice.

Last Updated: January 15, 2026
Last Reviewed: January 15, 2026
Applicable Period: 2026
Jurisdiction: State of South Carolina, United States
Update Schedule: Quarterly reviews in 2026; annual reviews thereafter

South Carolina Labor Law 2026

Table of Contents

Click any item below to jump to the relevant section

Introduction

South Carolina employment law establishes the legal framework governing the relationship between employers and employees throughout the state. This comprehensive guide addresses both state and federal employment regulations that apply to South Carolina workplaces, including wage and hour requirements, anti-discrimination protections, workplace safety standards, and employee rights.

South Carolina follows federal minimum wage standards and has specific state laws governing payment of wages, at-will employment, and workplace discrimination. The state does not mandate certain benefits that other states require, such as paid sick leave or meal breaks, making federal law the primary source for many employment standards. Understanding both state-specific requirements and applicable federal laws is essential for both employers seeking compliance and employees asserting their rights.

This guide covers employment law topics affecting South Carolina employers with operations in the state and employees working in South Carolina. Information is compiled exclusively from official government sources, including state statutes, federal regulations, and guidance from the South Carolina Department of Labor, Licensing and Regulation and the South Carolina Human Affairs Commission.

What This Guide Covers:

  • At-will employment doctrine and exceptions
  • Minimum wage, overtime, and wage payment requirements
  • Protected classes and anti-discrimination laws
  • Reasonable accommodation obligations
  • Employer posting, reporting, and recordkeeping requirements
  • Complaint filing procedures for wage claims and discrimination
  • Remote work considerations under employment law
  • Recent legislative updates effective in 2026

Employment Law Framework in South Carolina

1.1 At-Will Employment Doctrine

South Carolina follows the employment-at-will doctrine, which forms the foundation of the employer-employee relationship in the state.

According to the South Carolina Department of Labor, Licensing and Regulation:

“South Carolina is an at-will state, which means that employees may be terminated for any reason, a good reason, a bad reason, or no reason. The employee may also quit for similar reasons without providing notice to employer.”

Source: South Carolina Department of Labor, Licensing and Regulation, Office of Wages and Child Labor FAQ
Available at: https://llr.sc.gov/wage/faq.aspx
Verified: January 2026

What At-Will Employment Means:

For employees, at-will employment means:

  • Employment can be terminated at any time without notice
  • No reason needs to be provided for termination
  • Employment duration is not guaranteed regardless of job performance
  • Employees can resign at any time without providing advance notice

For employers, at-will employment means:

  • Freedom to terminate employees without cause
  • No obligation to provide reasons for employment decisions
  • Flexibility in workforce management
  • Protection from breach of contract claims in most circumstances

Exceptions to At-Will Employment:

While South Carolina recognizes at-will employment as the default rule, several important exceptions exist:

1. Statutory Exceptions

Federal and state anti-discrimination laws prohibit termination based on protected characteristics. According to South Carolina Code § 1-13-20:

“The General Assembly declares the practice of discrimination against an individual because of race, religion, color, sex, age, national origin, or disability as a matter of state concern and declares that this discrimination is unlawful and in conflict with the ideals of South Carolina and the nation.”

Source: South Carolina Code of Laws, Title 1, Chapter 13, Section 1-13-20
Official text: https://www.scstatehouse.gov/code/t01c013.php
Last amended: 1996

Protected activities under federal law include:

  • Filing workers’ compensation claims
  • Reporting workplace safety violations to OSHA
  • Engaging in union activities (National Labor Relations Act)
  • Taking FMLA leave for qualifying reasons
  • Reporting illegal conduct (whistleblower protections)

2. Public Policy Exception

South Carolina recognizes a public policy exception to at-will employment. Employers cannot terminate employees for reasons that violate clearly established public policy, including:

  • Refusing to commit illegal acts at employer’s direction
  • Refusing to participate in employer’s illegal activities
  • Complying with legal obligations such as jury duty or subpoenas

3. Contractual Exceptions

Written employment contracts that specify terms of employment or require “good cause” for termination create exceptions to at-will employment. South Carolina Code § 41-1-110 addresses employment handbooks:

According to South Carolina Code § 41-1-110, enacted in 2004:

“Notwithstanding any other provision of law, all employment handbooks, personnel manuals, policy manuals, procedures, and other materials that describe the policies and procedures applicable to employment are not express or implied contracts.”

This statute clarifies that handbooks alone do not create contractual employment relationships unless they contain clear, specific contractual language.

Source: South Carolina Code of Laws, Title 41, Chapter 1, Section 41-1-110
Official text: https://www.scstatehouse.gov/code/t41c001.php
Enacted: 2004

4. Implied Contract Exception

Although South Carolina law limits implied contracts from handbooks, courts may recognize implied employment contracts created through:

  • Specific written promises of job security
  • Long-term employment relationships with established patterns
  • Oral assurances of continued employment

1.2 Right to Work vs. Employment At-Will

South Carolina is both a “right to work” state and an “at-will employment” state. These are distinct legal concepts often confused by employees and employers.

Right to Work Status:

South Carolina Code § 41-7-10 establishes South Carolina’s right to work provisions:

“It is hereby declared to be the public policy of South Carolina that the right to work shall not be denied or abridged on account of membership or nonmembership in any labor union or labor organization.”

Source: South Carolina Code of Laws, Title 41, Chapter 7, Section 41-7-10
Official text: https://www.scstatehouse.gov/code/t41c007.php

Right to work means:

  • Employees cannot be required to join a union as a condition of employment
  • Employees cannot be compelled to pay union dues or fees
  • Union membership decisions remain voluntary
  • Employers cannot refuse to hire based on union membership status

Distinction Between Right to Work and At-Will Employment:

Aspect Right to Work At-Will Employment
What it governs Union membership requirements Employment relationship duration
Protected right Freedom from forced union membership Employer's right to terminate without cause
Primary purpose Limits union security agreements Establishes default employment relationship
Impact on termination No direct impact on termination rights Directly governs termination standards

Employment Law vs. Labor Law Framework:

In South Carolina:

Employment Law encompasses the broader legal framework governing the employer-employee relationship, including:

  • Wage and hour requirements
  • Anti-discrimination protections
  • Workplace safety standards
  • Employee benefits regulations
  • Hiring and termination practices

Labor Law specifically addresses the relationship between employers, employees, and labor unions, including:

  • Collective bargaining rights
  • Union organizing activities
  • Right to work provisions
  • Labor relations procedures

South Carolina’s right to work status falls under labor law, while most workplace requirements discussed in this guide fall under employment law.

Employee Rights in South Carolina

2.1 Wage and Hour Rights

Minimum Wage Requirements

Current South Carolina Minimum Wage (2026):

South Carolina does not have a state-specific minimum wage law. Employers in South Carolina must comply with the federal minimum wage established by the Fair Labor Standards Act (FLSA).

Federal minimum wage: $7.25 per hour
Effective since: July 24, 2009

Source: Fair Labor Standards Act, 29 U.S.C. § 206
Official text: https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section206
U.S. Department of Labor guidance: https://www.dol.gov/agencies/whd/minimum-wage

According to the U.S. Department of Labor:

“Covered nonexempt workers are entitled to a minimum wage of not less than $7.25 per hour effective July 24, 2009.”

Employer Coverage:

The FLSA applies to employers who:

  • Have annual gross sales of $500,000 or more, OR
  • Engage in interstate commerce (producing goods for commerce, handling goods moving in interstate commerce, or regularly using mail, telephone, or electronic communications for interstate business)

Source: 29 U.S.C. § 203
U.S. Department of Labor coverage guidance: https://www.dol.gov/agencies/whd/flsa/coverage

Subminimum Wages:

Federal law permits subminimum wages in specific circumstances:

1. Youth Minimum Wage

Employees under 20 years of age may be paid $4.25 per hour during their first 90 consecutive calendar days of employment.

Source: 29 U.S.C. § 206(g)
Official text: https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section206

2. Student Workers

Full-time students employed in retail or service establishments, agriculture, or institutions of higher education may be paid 85% of minimum wage ($6.16 per hour) under certificates issued by the Department of Labor.

Source: 29 C.F.R. § 519
DOL student program information: https://www.dol.gov/agencies/whd/fact-sheets/27-flsa-student-employment

3. Tipped Employees

Employers may pay tipped employees a direct cash wage of $2.13 per hour if the employee’s tips combined with the cash wage equal at least the federal minimum wage.

Source: 29 U.S.C. § 203(m)
DOL tipped employee guidance: https://www.dol.gov/agencies/whd/fact-sheets/15-flsa-tipped-employees

Pending State Minimum Wage Legislation:

As of January 2026, South Carolina has pending legislation that would establish a state minimum wage:

Bill 3226 (2025-2026 Session) proposes:

  • $8.75 per hour beginning January 1, 2026
  • $9.75 per hour beginning January 1, 2027
  • $10.10 per hour beginning January 1, 2028
  • Annual adjustments based on Consumer Price Index beginning 2029

Status: Introduced, not enacted as of January 15, 2026

Source: South Carolina Legislature
Bill text: https://www.scstatehouse.gov/sess126_2025-2026/bills/3226.htm

Note: Unless and until state minimum wage legislation is enacted, the federal minimum wage of $7.25 per hour remains applicable in South Carolina.

Overtime Requirements

South Carolina does not have state-specific overtime laws. Employers must comply with federal overtime requirements under the Fair Labor Standards Act.

Federal Overtime Standard:

According to 29 U.S.C. § 207(a)(1):

“Except as otherwise provided in this section, no employer shall employ any of his employees who in any workweek is engaged in commerce or in the production of goods for commerce, or is employed in an enterprise engaged in commerce or in the production of goods for commerce, for a workweek longer than forty hours unless such employee receives compensation for his employment in excess of the hours above specified at a rate not less than one and one-half times the regular rate at which he is employed.”

Source: Fair Labor Standards Act, 29 U.S.C. § 207(a)(1)
Official text: https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section207
DOL overtime guidance: https://www.dol.gov/agencies/whd/overtime

Overtime Requirements:

  • Time-and-a-half pay required for hours worked over 40 in a workweek
  • Calculated based on employee’s regular rate of pay
  • No daily overtime requirement (South Carolina does not require overtime for hours worked over 8 in a day)
  • Workweek defined as fixed, recurring period of 168 hours (7 consecutive 24-hour periods)

Exempt Employees:

Certain employees are exempt from FLSA overtime requirements, including:

  • Executive employees
  • Administrative employees
  • Professional employees
  • Computer professionals
  • Outside sales employees
  • Highly compensated employees

Exemption Requirements (effective July 1, 2024):

According to Department of Labor regulations at 29 C.F.R. § 541:

For executive, administrative, and professional exemptions, employees must:

  • Be paid on a salary basis
  • Earn at least $844 per week ($43,888 annually) as of July 1, 2024
  • Perform specific job duties meeting exemption criteria

Note: The salary threshold was scheduled to increase to $1,128 per week ($58,656 annually) on January 1, 2025, but this increase has been subject to legal challenges. Verify current requirements with the U.S. Department of Labor.

Source: 29 C.F.R. § 541
DOL exemption guidance: https://www.dol.gov/agencies/whd/fact-sheets/17a-overtime

Meal and Rest Break Requirements

South Carolina Law:

South Carolina does not require employers to provide meal breaks or rest breaks to employees.

According to the South Carolina Department of Labor, Licensing and Regulation:

“There is no requirement under South Carolina law for an employer to provide employees with breaks or a lunch period.”

Source: South Carolina Department of Labor, Licensing and Regulation, Office of Wages and Child Labor FAQ
Available at: https://llr.sc.gov/wage/faq.aspx
Verified: January 2026

Federal Law:

Federal law also does not require meal or rest breaks for adult employees.

According to the U.S. Department of Labor:

“Federal law does not require lunch or coffee breaks. However, when employers do offer short breaks (usually lasting about 5 to 20 minutes), federal law considers the breaks as compensable work hours that would be included in the sum of hours worked during the work week and considered in determining if overtime was worked.”

Source: U.S. Department of Labor, Wage and Hour Division
Available at: https://www.dol.gov/general/topic/workhours/breaks
Guidance: 29 C.F.R. § 785.18

When Breaks Are Provided:

If employers voluntarily provide breaks:

  • Short breaks (5-20 minutes) must be paid as working time
  • Meal periods (typically 30 minutes or longer) may be unpaid if:
    • Employee is completely relieved from duty
    • Employee is free to leave the workstation
    • Employee is not required to perform any work during the break

Special Provisions for Minor Employees:

While South Carolina does not require breaks for adult employees, the state’s child labor laws may impose additional requirements for minor employees. South Carolina Code Title 41, Chapter 13 contains applicable restrictions for minors.

Payment of Wages Requirements

South Carolina’s Payment of Wages Act, codified at South Carolina Code §§ 41-10-10 through 41-10-110, establishes requirements for wage payment.

Definition of Wages:

According to South Carolina Code § 41-10-10(2):

“‘Wages’ means all amounts at which labor rendered is recompensed, whether the amount is fixed or ascertained on a time, task, piece, or commission basis, or other method of calculating the amount and includes vacation, holiday, and sick leave payments which are due to an employee under any employer policy or employment contract. Funds placed in pension plans or profit sharing plans are not wages subject to this chapter.”

Source: South Carolina Code of Laws, Title 41, Chapter 10, Section 41-10-10
Official text: https://www.scstatehouse.gov/code/t41c010.php
Enacted: 1986

Notification Requirements:

According to South Carolina Code § 41-10-30(A):

“Every employer shall notify each employee in writing at the time of hiring of the normal hours and wages agreed upon, the time and place of payment, and the deductions which will be made from the wages, including payments to insurance programs. The employer has the option of giving written notification by posting the terms conspicuously at or near the place of work. Any changes in these terms must be made in writing at least seven calendar days before they become effective. This section does not apply to wage increases.”

Source: South Carolina Code of Laws, Title 41, Chapter 10, Section 41-10-30
Official text: https://www.scstatehouse.gov/code/t41c010.php

Recordkeeping Requirements:

According to South Carolina Code § 41-10-30(B):

“Every employer shall keep records of names and addresses of all employees and of wages paid each payday and deductions made for three years.”

Source: South Carolina Code of Laws, Title 41, Chapter 10, Section 41-10-30
Official text: https://www.scstatehouse.gov/code/t41c010.php

Pay Statement Requirements:

According to South Carolina Code § 41-10-30(C):

“Every employer shall furnish each employee with an itemized statement showing his gross pay and the deductions made from his wages for each pay period.”

Source: South Carolina Code of Laws, Title 41, Chapter 10, Section 41-10-30
Official text: https://www.scstatehouse.gov/code/t41c010.php

Final Paycheck Requirements

Timing of Final Payment:

According to South Carolina Code § 41-10-50:

“When an employer separates an employee from the payroll for any reason, the employer shall pay all wages due to the employee within forty-eight hours of the time of separation or the next regular payday which may not exceed thirty days.”

Source: South Carolina Code of Laws, Title 41, Chapter 10, Section 41-10-50
Official text: https://www.scstatehouse.gov/code/t41c010.php
Enacted: 1986, Amended 1990

Final Paycheck Requirements:

  • Due within 48 hours of separation, OR
  • By next regular payday (not to exceed 30 days)
  • Must include all earned wages
  • Includes accrued vacation/sick leave if required by employer policy or contract
  • Applies to both voluntary resignation and termination

Payment Method:

The law does not specify the payment method for final paychecks. Employers typically use the same payment method used during employment unless otherwise agreed.

Vacation and Paid Time Off:

South Carolina law does not require employers to provide paid vacation or sick leave. However, according to South Carolina Code § 41-10-10(2), if an employer policy or employment contract provides for vacation or sick leave payments, these become wages that must be paid according to the terms of the policy or contract.

Penalties for Non-Payment:

According to South Carolina Code § 41-10-80(C):

“In case of any failure to pay wages due to an employee as required by Section 41-10-40 or 41-10-50 the employee may recover in a civil action an amount equal to three times the full amount of the unpaid wages, plus costs and reasonable attorney’s fees as the court may allow. Any civil action for the recovery of wages must be commenced within three years after the wages become due.”

Source: South Carolina Code of Laws, Title 41, Chapter 10, Section 41-10-80
Official text: https://www.scstatehouse.gov/code/t41c010.php

Wage Deductions

South Carolina law permits certain wage deductions but requires advance written notice.

Required Written Notice:

Employers must provide written notice of all deductions at time of hiring, and any changes to deductions must be communicated in writing at least seven calendar days before becoming effective.

Source: South Carolina Code § 41-10-30(A)

Permissible Deductions:

Federal and state law permit deductions for:

  • Federal income tax withholding
  • Social Security and Medicare taxes (FICA)
  • State income tax withholding (if applicable)
  • Court-ordered garnishments
  • Voluntary deductions authorized by employee in writing
  • Required deductions authorized by law

Restrictions on Deductions:

Deductions cannot reduce an employee’s pay below minimum wage for hours worked, except for deductions required by law (such as taxes and court-ordered garnishments).

Applicability of Payment of Wages Act

According to South Carolina Code § 41-10-20:

“This chapter applies to all employers in South Carolina except: (1) the federal government or any agency of the federal government; (2) employers employing fewer than five employees at all times during the preceding twelve months.”

Source: South Carolina Code of Laws, Title 41, Chapter 10, Section 41-10-20
Official text: https://www.scstatehouse.gov/code/t41c010.php

Employee Rights Summary:

Right Requirement Source
Minimum Wage $7.25/hour (federal) 29 U.S.C. § 206
Overtime Pay 1.5x regular rate over 40 hrs/week 29 U.S.C. § 207
Meal Breaks Not required No state or federal mandate
Rest Breaks Not required No state or federal mandate
Final Paycheck Within 48 hours or next payday (<30 days) S.C. Code § 41-10-50
Pay Statement Itemized statement each pay period S.C. Code § 41-10-30(C)
Wage Notice Written notice at hire of wages/hours S.C. Code § 41-10-30(A)
Change Notice 7 days advance written notice S.C. Code § 41-10-30(A)

2.2 Paid Leave Requirements

Paid Sick Leave

South Carolina Law:

South Carolina does not have a state law requiring employers to provide paid sick leave to employees.

Search verification conducted:

  • Source: South Carolina Legislature website (https://www.scstatehouse.gov/)
  • Search terms: “paid sick leave,” “sick time,” “mandatory sick leave”
  • Date: January 15, 2026
  • Result: No South Carolina statute requires paid sick leave

Federal Law:

There is no federal law requiring private sector employers to provide paid sick leave to employees.

According to the U.S. Department of Labor:

“The Fair Labor Standards Act (FLSA) does not require payment for time not worked, such as vacations, sick leave or federal or other holidays.”

Source: U.S. Department of Labor, Wage and Hour Division
Available at: https://www.dol.gov/general/topic/workhours/sickleave

Employer Policies:

In the absence of state or federal requirements:

  • Paid sick leave is determined by employer policy
  • Employers may voluntarily offer paid sick leave as a benefit
  • Terms are governed by employment contracts or employee handbooks
  • Once offered, paid sick leave becomes wages under South Carolina Code § 41-10-10(2) if specified in policy or contract

Paid Vacation Leave

South Carolina does not require employers to provide paid vacation leave.

Source: Same authority as paid sick leave provisions—no state statute mandates vacation benefits

Federal Law:

Federal law does not require paid vacation leave for private sector employees.

Employer Policies:

Similar to sick leave:

  • Paid vacation is a voluntary employer benefit
  • Terms governed by written policies or employment contracts
  • Becomes wages if provided under employer policy per S.C. Code § 41-10-10(2)
  • Must be paid upon termination if required by policy or contract

Family and Medical Leave

South Carolina does not have a state family and medical leave law. Eligible employees are covered by the federal Family and Medical Leave Act (FMLA).

Federal FMLA Requirements:

The Family and Medical Leave Act, 29 U.S.C. § 2601 et seq., provides eligible employees with unpaid, job-protected leave.

Employer Coverage:

The FMLA applies to:

  • Private employers with 50 or more employees within 75 miles
  • All public agencies (federal, state, and local)
  • All public and private elementary and secondary schools

Employee Eligibility:

Employees must:

  • Work for a covered employer
  • Have worked for the employer for at least 12 months
  • Have worked at least 1,250 hours during the 12 months before leave
  • Work at a location where the employer has at least 50 employees within 75 miles

Leave Entitlement:

Eligible employees may take up to 12 workweeks of unpaid leave in a 12-month period for:

  • Birth and care of a newborn child
  • Placement of a child for adoption or foster care
  • Care for spouse, child, or parent with a serious health condition
  • Employee’s own serious health condition that prevents work performance
  • Qualifying exigencies related to military service

Source: 29 U.S.C. § 2612
Official text: https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section2612
DOL FMLA guidance: https://www.dol.gov/agencies/whd/fmla

Discrimination Laws in South Carolina

3.1 Overview of Anti-Discrimination Protections

South Carolina prohibits employment discrimination through the South Carolina Human Affairs Law, which works in conjunction with federal civil rights laws to protect employees from unlawful discrimination.

According to South Carolina Code § 1-13-20:

“The General Assembly declares the practice of discrimination against an individual because of race, religion, color, sex, age, national origin, or disability as a matter of state concern and declares that this discrimination is unlawful and in conflict with the ideals of South Carolina and the nation, as this discrimination interferes with opportunities of the individual to receive employment and to develop according to the individual’s own ability and is degrading to human dignity.”

Source: South Carolina Code of Laws, Title 1, Chapter 13, Section 1-13-20
Official text: https://www.scstatehouse.gov/code/t01c013.php
Enacted: 1972, Amended 1979, 1996

Enforcing Agency:

The South Carolina Human Affairs Commission (SCHAC) enforces state anti-discrimination laws.

Mission Statement:

According to the South Carolina Human Affairs Commission:

“Based on the tenets of Title VII of the 1964 federal Civil Rights Act, the Age Discrimination in Employment Act, the Fair Housing Act, and the Americans with Disabilities Act, the South Carolina General Assembly declared that the practice of discrimination within the state because of a person’s race, religion, color, sex, age, national origin, familial status or disability to be unlawful, and in conflict with the ideals of the State of South Carolina and the nation.”

Source: South Carolina Human Affairs Commission
Available at: https://schac.sc.gov/
Verified: January 2026

3.2 Protected Classes Under State and Federal Law

State Protected Classes

According to South Carolina Code § 1-13-80, it is unlawful for an employer to discriminate based on:

South Carolina Protected Classes:

  1. Race
  2. Religion
  3. Color
  4. Sex (including pregnancy, childbirth, lactation, and related medical conditions)
  5. Age (40 and older)
  6. National origin (includes ancestry)
  7. Disability

Source: South Carolina Code of Laws, Title 1, Chapter 13, Section 1-13-80
Official text: https://www.scstatehouse.gov/code/t01c013.php

Definitions from South Carolina Code § 1-13-30:

Age: According to § 1-13-30(c), “‘Age’ means at least forty years.”

National Origin: According to § 1-13-30(b), “‘National origin’ includes ancestry.”

Sex/Pregnancy: According to § 1-13-30(l):

“The terms ‘because of sex’ or ‘on the basis of sex’ include, but are not limited to, because of or on the basis of pregnancy, childbirth, or related medical conditions, including, but not limited to, lactation, and women affected by pregnancy, childbirth, or related medical conditions must be treated the same for all employment-related purposes, including receipt of benefits under fringe benefit programs, as other persons not so affected but similar in their ability or inability to work.”

Disability: According to § 1-13-30(n):

“‘Disability’ means with respect to an individual: (1) a physical or mental impairment that substantially limits one or more of the major life activities of the individual; (2) a record of an impairment; or (3) being regarded as having an impairment.

The definition of ‘disability’ must be interpreted in a manner consistent with federal regulations promulgated pursuant to the Americans with Disabilities Act of 1990, as amended, Public Law 101-336.”

Source: South Carolina Code of Laws, Title 1, Chapter 13, Section 1-13-30
Official text: https://www.scstatehouse.gov/code/t01c013.php
Last amended: 2018

Federal Protected Classes

Federal law provides additional protections that apply in all states, including South Carolina.

Title VII of the Civil Rights Act (42 U.S.C. § 2000e et seq.) prohibits discrimination based on:

  • Race
  • Color
  • Religion
  • Sex (including pregnancy, sexual orientation, and gender identity per recent EEOC interpretations)
  • National origin

Source: Title VII, 42 U.S.C. § 2000e-2
Official text: https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2000e-2
EEOC guidance: https://www.eeoc.gov/laws/statutes/titlevii.cfm

Age Discrimination in Employment Act (29 U.S.C. § 621 et seq.):

  • Protects workers age 40 and older

Source: ADEA, 29 U.S.C. § 621
Official text: https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section621
EEOC guidance: https://www.eeoc.gov/age-discrimination

Americans with Disabilities Act (42 U.S.C. § 12101 et seq.):

  • Prohibits discrimination based on disability

Source: ADA, 42 U.S.C. § 12101
Official text: https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12101
EEOC guidance: https://www.eeoc.gov/disability-discrimination

Genetic Information Nondiscrimination Act (42 U.S.C. § 2000ff et seq.):

  • Prohibits discrimination based on genetic information

Source: GINA, 42 U.S.C. § 2000ff
Official text: https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2000ff
EEOC guidance: https://www.eeoc.gov/genetic-information-discrimination

Employer Size Requirements

South Carolina Law:

According to South Carolina Code § 1-13-30(e):

“‘Employer’ means any person who has fifteen or more employees for each working day in each of twenty or more calendar weeks in the current or preceding calendar year, and any agent of such a person, but such term does not include an Indian tribe or a bona fide private membership club other than a labor organization.”

Source: South Carolina Code of Laws, Title 1, Chapter 13, Section 1-13-30
Official text: https://www.scstatehouse.gov/code/t01c013.php

Federal Law Employer Size Requirements:

  • Title VII: 15 or more employees
  • ADEA: 20 or more employees
  • ADA: 15 or more employees
  • GINA: 15 or more employees

Coverage Summary:

Protected Class South Carolina Federal Law Employer Size
Race ✓ ✓ (Title VII) 15+ employees
Color ✓ ✓ (Title VII) 15+ employees
Religion ✓ ✓ (Title VII) 15+ employees
Sex ✓ ✓ (Title VII) 15+ employees
Pregnancy ✓ ✓ (Title VII) 15+ employees
Lactation ✓ ✓ (Title VII) 15+ employees
National Origin ✓ ✓ (Title VII) 15+ employees
Age (40+) ✓ ✓ (ADEA) 20+ employees
Disability ✓ ✓ (ADA) 15+ employees
Genetic Information — ✓ (GINA) 15+ employees

3.3 Types of Prohibited Discrimination

The South Carolina Human Affairs Law and federal law prohibit discrimination in all aspects of employment.

According to South Carolina Code § 1-13-80(A)(1), it is unlawful for an employer:

“to fail or refuse to hire, bar, discharge from employment, or otherwise discriminate against an individual with respect to the individual’s compensation or terms, conditions, or privileges of employment because of the individual’s race, religion, color, sex, age, national origin, or disability”

Source: South Carolina Code of Laws, Title 1, Chapter 13, Section 1-13-80
Official text: https://www.scstatehouse.gov/code/t01c013.php

Prohibited Discriminatory Practices:

According to the South Carolina Human Affairs Commission, unlawful discrimination includes:

1. Hiring and Recruitment:

  • Refusing to accept employment applications from protected class members
  • Using discriminatory job advertisements
  • Applying different hiring standards based on protected characteristics
  • Making hiring decisions based on stereotypes

Source: South Carolina Human Affairs Commission
Available at: https://schac.sc.gov/employment-discrimination/prohibited-practices-discrimination-types
Verified: January 2026

2. Terms and Conditions of Employment:

  • Discriminatory compensation
  • Unequal employee benefits
  • Different terms of employment based on protected status
  • Discriminatory work assignments

3. Promotion and Advancement:

  • Denying promotions based on protected characteristics
  • Applying different promotion standards
  • Limiting advancement opportunities

4. Discipline and Termination:

  • Discriminatory disciplinary actions
  • Termination based on protected status
  • Different application of workplace rules

5. Training and Development:

  • Denying training opportunities
  • Providing unequal access to professional development
  • Discriminatory apprenticeship programs

6. Compensation and Benefits:

According to South Carolina Code § 1-13-80(I)(3):

“It is not an unlawful employment practice for an employer to apply different standards of compensation or different terms, conditions, or privileges of employment pursuant to a bona fide seniority or merit system or a system which measures earnings by quantity or quality of production or to employees who work in different locations if the differences are not the result of an intention to discriminate because of race, religion, color, sex, national origin, or disability.”

Source: South Carolina Code of Laws, Title 1, Chapter 13, Section 1-13-80
Official text: https://www.scstatehouse.gov/code/t01c013.php

3.4 Sexual Harassment

Sexual harassment is a form of sex discrimination prohibited under both state and federal law.

Types of Sexual Harassment:

1. Quid Pro Quo Harassment:

Occurs when employment decisions or benefits are conditioned on submission to unwelcome sexual conduct. Examples include:

  • Supervisor requesting sexual favors in exchange for promotion
  • Threatening termination for refusing sexual advances
  • Promising employment benefits for sexual conduct

2. Hostile Work Environment:

Created when unwelcome sexual conduct unreasonably interferes with work performance or creates an intimidating, hostile, or offensive work environment. Examples include:

  • Pervasive sexual comments or jokes
  • Unwelcome physical contact
  • Display of sexually explicit materials
  • Repeated requests for dates after refusal

Source: Equal Employment Opportunity Commission
Available at: https://www.eeoc.gov/sexual-harassment
Verified: January 2026

Employer Liability:

Employers can be held liable for sexual harassment by:

  • Supervisors (strict liability for tangible employment actions)
  • Co-workers (if employer knew or should have known and failed to take corrective action)
  • Non-employees such as customers or vendors (under certain circumstances)

Harassment Training Requirements:

South Carolina does not have a state law requiring sexual harassment training.

Search verification conducted:

  • Source: South Carolina Legislature website
  • Search terms: “sexual harassment training,” “harassment prevention training”
  • Date: January 15, 2026
  • Result: No South Carolina statute mandates harassment training

3.5 Pregnancy Accommodations

South Carolina enacted the Pregnancy Accommodations Act in 2018, which strengthened protections for pregnant employees.

South Carolina Pregnancy Accommodations Act:

According to South Carolina Code § 1-13-80(A)(4), it is unlawful for an employer:

“(a) to fail or refuse to make reasonable accommodations for medical needs arising from pregnancy, childbirth, or related medical conditions of an applicant for employment or an employee, unless the employer can demonstrate that the accommodation would impose an undue hardship on the operation of the business of the employer;

(b) to deny employment opportunities to a job applicant or employee, if the denial is based on the need of the employer to make reasonable accommodations to the known limitations for medical needs arising from pregnancy, childbirth, or related medical conditions of an applicant for employment or an employee;

(c) to require an applicant for employment or an employee affected by pregnancy, childbirth, or related medical conditions to accept an accommodation that the applicant or employee chooses not to accept, if the applicant or employee does not have a known limitation related to pregnancy, or if the accommodation is unnecessary for the applicant or employee to perform the essential duties of her job;

(d) to require an employee to take leave under any leave law or policy of the employer if another reasonable accommodation can be provided to the known limitations for medical needs arising from pregnancy, childbirth, or related medical conditions; or

(e) to take adverse action against an employee in the terms, conditions, or privileges of employment for requesting or using a reasonable accommodation to the known limitations for medical needs arising from pregnancy, childbirth, or related medical conditions.”

Source: South Carolina Code of Laws, Title 1, Chapter 13, Section 1-13-80
Official text: https://www.scstatehouse.gov/code/t01c013.php
Enacted: 2018 (Act No. 244)

Examples of Reasonable Accommodations for Pregnancy:

According to South Carolina Code § 1-13-30(t)(2)(b), reasonable accommodations may include:

  • More frequent or longer break periods
  • More frequent bathroom breaks
  • Private place (not a bathroom) for expressing milk
  • Modifying food or drink policy
  • Providing seating or allowing employee to sit more frequently
  • Assistance with manual labor and limits on lifting
  • Temporarily transferring to less strenuous or hazardous vacant position if qualified
  • Job restructuring or light duty if available
  • Modifying work schedules

Source: South Carolina Code of Laws, Title 1, Chapter 13, Section 1-13-30
Official text: https://www.scstatehouse.gov/code/t01c013.php

Notice Requirements:

According to South Carolina Code § 1-13-80(A)(4)(i) and (ii):

“(i) An employer shall provide written notice of the right to be free from discrimination for medical needs arising from pregnancy, childbirth, or related medical conditions, pursuant to this item to new employees at the commencement of employment, and existing employees within one hundred twenty days after the effective date of this item.

(ii) The notice required by subsubitem (i) also must be conspicuously posted at an employer’s place of business in an area accessible to employees.”

Source: South Carolina Code of Laws, Title 1, Chapter 13, Section 1-13-80
Official text: https://www.scstatehouse.gov/code/t01c013.php

3.6 Retaliation Protections

Both state and federal law prohibit retaliation against employees who oppose discrimination or participate in discrimination investigations.

South Carolina Law:

According to South Carolina Code § 1-13-80(F):

“It is an unlawful employment practice for an employer to discriminate against an employee or applicant for employment, for an employment agency, or joint labor-management committee controlling apprenticeship or other training or retraining, including on-the-job training programs, to discriminate against an individual or for a labor organization to discriminate against a member or applicant for membership because the individual has opposed a practice made an unlawful employment practice by this chapter or because the individual has made a charge, testified, assisted, or participated in an investigation, proceeding, or hearing under this chapter.”

Source: South Carolina Code of Laws, Title 1, Chapter 13, Section 1-13-80
Official text: https://www.scstatehouse.gov/code/t01c013.php

Protected Activities:

Employees are protected from retaliation for:

  • Filing a discrimination complaint with SCHAC or EEOC
  • Participating in discrimination investigations
  • Testifying in discrimination proceedings
  • Opposing discriminatory practices
  • Requesting reasonable accommodations
  • Taking FMLA leave
  • Filing workers’ compensation claims
  • Reporting safety violations
  • Engaging in union activities
  • Reporting illegal conduct (whistleblowing)

3.7 Enforcement and Remedies

Filing Deadlines:

According to South Carolina Code § 1-13-90(a):

“Any person shall complain in writing under oath or affirmation to the Commission within one hundred eighty days after the alleged discriminatory practice occurred.”

Source: South Carolina Code of Laws, Title 1, Chapter 13, Section 1-13-90
Official text: https://www.scstatehouse.gov/code/t01c013.php

Federal Filing Deadlines:

For federal claims filed with the EEOC:

  • 180 days from the date of discrimination (extended to 300 days in states with fair employment agencies like South Carolina)

Source: 42 U.S.C. § 2000e-5(e)
EEOC filing information: https://www.eeoc.gov/filing-charge-discrimination

Available Remedies:

Remedies for proven discrimination may include:

  • Back pay and lost benefits
  • Reinstatement or front pay
  • Compensatory damages (emotional distress)
  • Punitive damages (in cases of intentional discrimination)
  • Attorney’s fees and costs
  • Injunctive relief

Reasonable Accommodations

4.1 Disability Accommodation Requirements

Both state and federal law require employers to provide reasonable accommodations to qualified individuals with disabilities.

Definition of Qualified Individual with a Disability:

According to South Carolina Code § 1-13-30(s):

“‘Qualified individual with a disability’ means an individual with a disability who, with or without reasonable accommodation, can perform the essential functions of the employment position that the individual holds or desires. For the purposes of this chapter, consideration must be given to the employer’s judgment as to what functions of a job are essential, and if an employer has prepared a written job description before advertising or interviewing applicants for the job, this description must be considered evidence of the essential functions of the job.”

Source: South Carolina Code of Laws, Title 1, Chapter 13, Section 1-13-30
Official text: https://www.scstatehouse.gov/code/t01c013.php

Reasonable Accommodation Definition:

According to South Carolina Code § 1-13-30(t), reasonable accommodation may include:

“(1) making existing facilities used by employees readily accessible to and usable by individuals with disabilities and individuals with medical needs arising from pregnancy, childbirth, or related medical conditions provided the employer shall not be required to construct a permanent, dedicated space for expressing milk; however, nothing in this section exempts an employer from providing other reasonable accommodations; and

(2)(a) for individuals with disabilities: job restructuring, part-time or modified work schedules, reassignment to a vacant position, acquisition or modification of equipment or devices, appropriate adjustment or modifications of examinations, training materials or policies, the provision of qualified readers or interpreters, and other similar accommodations”

Source: South Carolina Code of Laws, Title 1, Chapter 13, Section 1-13-30
Official text: https://www.scstatehouse.gov/code/t01c013.php

4.2 The Interactive Process

When an employee requests an accommodation, the interactive process is used to identify effective accommodations.

Interactive Process Steps:

Step 1: Employee Requests Accommodation

  • Request can be oral or written
  • Employee need not use specific terminology
  • Request typically indicates need related to disability

Step 2: Employer Gathers Information

  • Discuss nature of limitation
  • Request medical documentation if needed
  • Identify essential job functions
  • Determine if accommodation needed

Step 3: Explore Accommodation Options

  • Consider employee’s preferred accommodation
  • Identify alternative accommodations
  • Discuss feasibility and effectiveness
  • Consider multiple options

Step 4: Select and Implement Accommodation

  • Choose effective accommodation
  • Implement accommodation promptly
  • Document accommodation process
  • Monitor effectiveness

Step 5: Ongoing Assessment

  • Periodically review accommodation
  • Modify if circumstances change
  • Continue communication with employee

Source: Equal Employment Opportunity Commission
Available at: https://www.eeoc.gov/laws/guidance/enforcement-guidance-reasonable-accommodation-and-undue-hardship-under-ada
Verified: January 2026

4.3 Undue Hardship Exception

Employers are not required to provide accommodations that impose undue hardship.

Undue Hardship Definition:

According to South Carolina Code § 1-13-30(u):

“‘Undue hardship’ means an action requiring significant difficulty or expense, when considered in light of the following factors:

(1) the nature and cost of the accommodation needed under this chapter;

(2) the overall financial resources of the facility involved in the provision of the reasonable accommodation, the number of persons employed at the facility, the effect on expenses and resources, or the impact otherwise of the accommodation upon the operation of the facility;

(3) the overall financial resources of the covered entity, the overall size of the business of a covered entity with respect to the number of its employees, the number, type, and location of its facilities; and

(4) the type of operation of the covered entity, including the composition, structure, and functions of the workforce of the entity, the geographic separateness and the administrative or fiscal relationship of the facility in question to the covered entity.”

Source: South Carolina Code of Laws, Title 1, Chapter 13, Section 1-13-30
Official text: https://www.scstatehouse.gov/code/t01c013.php

Factors Considered:

  • Nature and cost of accommodation
  • Employer’s overall financial resources
  • Impact on facility operations
  • Type and size of business
  • Effect on other employees

4.4 Religious Accommodations

Employers must reasonably accommodate employees’ sincerely held religious beliefs unless doing so creates undue hardship.

Religion Definition:

According to South Carolina Code § 1-13-30(k):

“The term ‘religion’ means all aspects of religious observance and practice, as well as belief, unless an employer demonstrates that he is unable to reasonably accommodate to an employee’s or prospective employee’s religious observance or practice without undue hardship on the conduct of the employer’s business.”

Source: South Carolina Code of Laws, Title 1, Chapter 13, Section 1-13-30
Official text: https://www.scstatehouse.gov/code/t01c013.php

Examples of Religious Accommodations:

  • Modified work schedule for religious observance
  • Voluntary shift swaps
  • Dress code exceptions for religious garments
  • Religious holiday leave
  • Prayer breaks
  • Dietary accommodations

4.5 Pregnancy Accommodations

South Carolina law requires reasonable accommodations for pregnancy, as detailed in Section 3.5 above.

Key Requirements:

  • Accommodations for medical needs arising from pregnancy
  • Cannot force unwanted accommodation
  • Cannot require leave if other accommodation available
  • Written notice to employees of pregnancy accommodation rights

4.6 How to Request Reasonable Accommodation

For Employees:

  1. Notify Employer: Inform employer of need for accommodation related to disability, pregnancy, or religious practice
  2. Explain Limitation: Describe how condition affects ability to perform job
  3. Suggest Accommodation: Propose specific accommodation if known
  4. Provide Documentation: Supply medical documentation if requested
  5. Participate in Process: Engage in interactive dialogue
  6. Follow Up: Put requests in writing and maintain documentation

For Employers:

  1. Receive Request: Accept oral or written accommodation requests
  2. Request Information: Gather necessary details about limitation and accommodation needs
  3. Engage Interactively: Discuss options with employee
  4. Evaluate Options: Consider effectiveness, feasibility, and alternatives
  5. Implement Decision: Provide accommodation or explain undue hardship
  6. Document Process: Maintain records of accommodation process
  7. Monitor Effectiveness: Periodically review accommodation

Employer Obligations in South Carolina

5.1 Required Workplace Postings

South Carolina and federal law require employers to display specific workplace posters informing employees of their rights.

South Carolina Required Posters:

1. South Carolina Human Affairs Commission Notice

Employers with 15 or more employees must post notice of protections against employment discrimination.

Source: South Carolina Human Affairs Commission
Poster download: https://schac.sc.gov/employment-discrimination
Verified: January 2026

2. South Carolina Payment of Wages Act Notice

Required for employers covered by the Payment of Wages Act (5 or more employees).

Source: South Carolina Department of Labor, Licensing and Regulation
Poster download: https://llr.sc.gov/wage/posters.aspx
Verified: January 2026

3. South Carolina Occupational Safety and Health (SC OSHA) Notice

Required for most employers.

Source: South Carolina Department of Labor, Licensing and Regulation
Poster download: https://llr.sc.gov/osha/
Verified: January 2026

4. South Carolina Workers’ Compensation Notice

Required for employers with 4 or more employees.

Source: South Carolina Workers’ Compensation Commission
Poster download: https://www.wcc.sc.gov/
Verified: January 2026

Federal Required Posters:

1. Fair Labor Standards Act (FLSA) Minimum Wage Poster

Source: U.S. Department of Labor, Wage and Hour Division
Poster download: https://www.dol.gov/agencies/whd/posters

2. Equal Employment Opportunity (EEO) “Know Your Rights” Poster

Source: Equal Employment Opportunity Commission
Poster download: https://www.eeoc.gov/poster

3. Family and Medical Leave Act (FMLA) Poster

Required for employers with 50 or more employees.

Source: U.S. Department of Labor
Poster download: https://www.dol.gov/agencies/whd/fmla/posters

4. Employee Polygraph Protection Act Poster

Source: U.S. Department of Labor
Poster download: https://www.dol.gov/agencies/whd/posters

5. Uniformed Services Employment and Reemployment Rights Act (USERRA) Poster

Source: U.S. Department of Labor, Veterans’ Employment and Training Service
Poster download: https://www.dol.gov/agencies/vets/programs/userra/poster

6. Job Safety and Health: It’s the Law Poster (OSHA)

Source: Occupational Safety and Health Administration
Poster download: https://www.osha.gov/laws-regs/standardinterpretations/publicationdate/standard/1903/1903.2

Posting Requirements:

  • Display in conspicuous location accessible to all employees
  • Maintain legible and up-to-date posters
  • Replace damaged or outdated posters
  • Provide access to remote workers (electronic posting may be permitted)

5.2 New Hire Reporting Requirements

Federal and South Carolina law require employers to report all newly hired and rehired employees to the state.

Legal Requirement:

Under the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, all employers must report newly hired employees to their state’s new hire reporting program.

Source: 42 U.S.C. § 653a
Official text: https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section653a

South Carolina Requirements:

According to the South Carolina Department of Social Services, employers must report new hires to the South Carolina State Directory of New Hires.

Reporting Deadline: Within 20 days of hire date

Source: South Carolina Department of Social Services
New Hire Reporting Portal: https://newhire.sc.gov/
Verified: January 2026

Who Must Report:

All employers in South Carolina must report:

  • Newly hired employees
  • Rehired employees (employees returning after separation)

Required Information:

Employers must provide:

  • Employer Information:
    • Legal business name
    • Business address
    • Federal Employer Identification Number (FEIN)
    • Contact phone number
  • Employee Information:
    • Employee full name
    • Employee address
    • Social Security Number
    • Date of birth
    • Date of hire

Source: South Carolina Department of Social Services
New Hire Reporting Form: Available at https://newhire.sc.gov/
Verified: January 2026

Reporting Methods:

South Carolina accepts new hire reports through:

  1. Online: https://newhire.sc.gov/
  2. Mail: South Carolina Department of Social Services, New Hire Directory, P.O. Box 1469, Columbia, SC 29202
  3. Fax: 803-898-9709
  4. Magnetic media or electronic file transfer (for employers with 250+ employees per quarter)

Source: South Carolina Department of Social Services
Available at: https://newhire.sc.gov/
Verified: January 2026

Purpose of New Hire Reporting:

New hire reporting helps:

  • Locate parents who owe child support
  • Prevent fraudulent unemployment insurance claims
  • Prevent fraudulent workers’ compensation claims
  • Verify employment for public assistance programs

Multi-State Employers:

Employers operating in multiple states may designate one state to which they report all new hires (including out-of-state employees), provided they notify the U.S. Department of Health and Human Services of the designated state.

Source: 42 U.S.C. § 653a(b)(2)

Penalties for Non-Compliance:

Federal law provides for civil penalties for employers who fail to report new hires:

  • $25 per employee not reported
  • $500 per employee if failure determined to be due to conspiracy between employer and employee

Source: 42 U.S.C. § 653h

5.3 Recordkeeping Requirements

Employers in South Carolina must maintain various employment records to comply with state and federal law.

South Carolina Payment of Wages Act Records

According to South Carolina Code § 41-10-30(B):

“Every employer shall keep records of names and addresses of all employees and of wages paid each payday and deductions made for three years.”

Source: South Carolina Code of Laws, Title 41, Chapter 10, Section 41-10-30
Official text: https://www.scstatehouse.gov/code/t41c010.php

Required Records:

  • Employee names and addresses
  • Wages paid each payday
  • Deductions made
  • Retention period: 3 years

Federal Fair Labor Standards Act Records

Under federal law, covered employers must maintain payroll records for each employee.

According to 29 C.F.R. § 516.2, employers must maintain records containing:

  • Employee’s full name and social security number
  • Address, including zip code
  • Birth date (if younger than 19)
  • Sex and occupation
  • Time and day of week when employee’s workweek begins
  • Hours worked each day and total hours worked each workweek
  • Basis on which employee’s wages are paid
  • Regular hourly pay rate
  • Total daily or weekly straight-time earnings
  • Total overtime earnings for the workweek
  • All additions to or deductions from wages
  • Total wages paid each pay period
  • Date of payment and pay period covered

Retention period: 3 years

Source: Fair Labor Standards Act regulations, 29 C.F.R. § 516
Official text: https://www.ecfr.gov/current/title-29/subtitle-B/chapter-V/subchapter-A/part-516
DOL recordkeeping guidance: https://www.dol.gov/agencies/whd/fact-sheets/21-flsa-recordkeeping

Form I-9 Retention

Employers must retain Form I-9 (Employment Eligibility Verification) for all employees.

Retention period:

  • 3 years from date of hire, OR
  • 1 year after employment ends, whichever is later

Source: 8 C.F.R. § 274a.2(b)(2)(i)(A)
USCIS I-9 guidance: https://www.uscis.gov/i-9-central

Tax Records

Federal and state tax laws require retention of tax records:

  • Federal tax records (IRS): 4 years from the date the tax becomes due or is paid, whichever is later
  • South Carolina withholding records: Generally follows federal retention guidelines

Source: IRS Publication 15 (Circular E), Employer’s Tax Guide
Available at: https://www.irs.gov/publications/p15

Equal Employment Opportunity Records

Employers subject to Title VII, ADA, or ADEA must maintain personnel records.

Retention period: 1 year from the date of making the record or the personnel action involved, whichever occurs later

For employers with 100+ employees or federal contractors with 50+ employees, additional EEO-1 reporting and recordkeeping requirements apply.

Source: 29 C.F.R. § 1602
EEOC recordkeeping guidance: https://www.eeoc.gov/employers/recordkeeping

Medical Records and Accommodation Requests

Medical records and documentation related to disability accommodations must be:

  • Maintained separately from personnel files
  • Kept confidential
  • Retained for duration of employment plus 1 year (ADA requirements)

Source: 29 C.F.R. § 1630.14(c)(1)
EEOC ADA guidance: https://www.eeoc.gov/laws/guidance/enforcement-guidance-disability-related-inquiries-and-medical-examinations-employees

Family and Medical Leave Records

Employers covered by FMLA must maintain records for 3 years including:

  • Basic payroll and identifying employee data
  • Dates FMLA leave is taken
  • Hours of FMLA leave taken
  • Copies of employee notices of leave
  • Records of premium payments for employee benefits
  • Records of disputes regarding FMLA leave

Source: 29 C.F.R. § 825.500
DOL FMLA recordkeeping: https://www.dol.gov/agencies/whd/fmla/recordkeeping

Workplace Injury Records (OSHA)

Covered employers must maintain:

  • OSHA 300 Log of Work-Related Injuries and Illnesses (5 years)
  • OSHA 300A Annual Summary (5 years)
  • OSHA 301 Injury and Illness Incident Reports (5 years)

Source: 29 C.F.R. § 1904.33
OSHA recordkeeping guidance: https://www.osha.gov/recordkeeping

Recordkeeping Summary Table:

Record Type Retention Period Legal Basis
Wage and hour records 3 years S.C. Code § 41-10-30, 29 C.F.R. § 516
I-9 forms 3 years from hire OR 1 year after termination 8 C.F.R. § 274a.2
Tax records 4 years IRS requirements
Personnel/EEO records 1 year 29 C.F.R. § 1602
Medical/accommodation records Duration + 1 year 29 C.F.R. § 1630.14
FMLA records 3 years 29 C.F.R. § 825.500
OSHA injury logs 5 years 29 C.F.R. § 1904.33

5.4 Form I-9 and E-Verify Requirements

Form I-9 Requirements:

All U.S. employers must verify employment eligibility using Form I-9.

According to 8 U.S.C. § 1324a(b):

“It is unlawful for a person or other entity to hire, or to recruit or refer for a fee, for employment in the United States an alien knowing the alien is an unauthorized alien.”

Source: Immigration and Nationality Act, 8 U.S.C. § 1324a
Official text: https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1324a

I-9 Completion Requirements:

  • Must be completed for all employees (citizens and non-citizens)
  • Employee completes Section 1 by first day of work
  • Employer completes Section 2 within 3 business days of first day of work
  • Employer must physically examine original documents
  • Remote verification procedures available in limited circumstances

Source: U.S. Citizenship and Immigration Services
I-9 Central: https://www.uscis.gov/i-9-central
Form I-9: https://www.uscis.gov/i-9

E-Verify:

E-Verify is an optional federal electronic employment verification system (except where mandatory).

South Carolina E-Verify Requirements:

South Carolina does not have a statewide E-Verify mandate for all private employers as of January 2026.

Search verification conducted:

  • Source: South Carolina Legislature website
  • Search terms: “E-Verify mandate,” “employment verification requirement”
  • Date: January 15, 2026
  • Result: No current South Carolina statute mandates E-Verify for all private employers

However, South Carolina Code § 41-8-20 requires public employers and public contractors to verify employment eligibility.

Source: South Carolina Code of Laws, Title 41, Chapter 8
Official text: https://www.scstatehouse.gov/code/t41c008.php

Federal E-Verify Information:

Source: U.S. Citizenship and Immigration Services
E-Verify: https://www.e-verify.gov/

5.5 Wage Payment Requirements and Employer Compliance

Beyond the requirements discussed in Section 2.1, employers must comply with additional wage payment obligations.

Regular Payday Requirements:

South Carolina does not mandate a specific pay frequency (weekly, bi-weekly, monthly). Employers establish payroll schedules but must:

  • Pay employees on regular paydays
  • Maintain consistency with established pay schedules
  • Provide advance notice of pay schedules to employees

Source: South Carolina Code § 41-10-30(A) (requiring notice of “time and place of payment”)

Payment Method:

South Carolina law does not mandate specific payment methods. Employers may pay wages by:

  • Cash
  • Check
  • Direct deposit (with employee consent)
  • Payroll card (with employee consent and access to full amount without fees)

Wage Theft Prevention:

According to South Carolina Code § 41-10-80(C):

“In case of any failure to pay wages due to an employee as required by Section 41-10-40 or 41-10-50 the employee may recover in a civil action an amount equal to three times the full amount of the unpaid wages, plus costs and reasonable attorney’s fees as the court may allow. Any civil action for the recovery of wages must be commenced within three years after the wages become due.”

Source: South Carolina Code of Laws, Title 41, Chapter 10, Section 41-10-80
Official text: https://www.scstatehouse.gov/code/t41c010.php

Filing Complaints

6.1 When to File a Complaint

Employees may file complaints when they experience:

  • Unpaid wages or improper wage deductions
  • Minimum wage or overtime violations
  • Discrimination or harassment based on protected characteristics
  • Denial of reasonable accommodations
  • Retaliation for protected activities
  • Unsafe working conditions
  • FMLA interference or retaliation
  • Workers’ compensation retaliation

6.2 Wage and Hour Complaints

South Carolina Department of Labor, Licensing and Regulation:

For violations of the South Carolina Payment of Wages Act, employees may file complaints with the Office of Wages and Child Labor.

Contact Information:

South Carolina Department of Labor, Licensing and Regulation
Office of Wages and Child Labor
110 Centerview Drive
Synergy Business Park, Kingstree Building
Columbia, SC 29210

Phone: 803-896-7756
Fax: 803-896-7680
Mailing Address: P.O. Box 11329, Columbia, SC 29211-1329

Source: South Carolina Department of Labor, Licensing and Regulation
Available at: https://llr.sc.gov/wage/
Verified: January 2026

Complaint Process:

According to the South Carolina Department of Labor, Licensing and Regulation:

“Any wage complaint received indicating a possible violation of the Act will be screened by the appropriate chief investigator to determine whether the complaint falls within the jurisdiction of the Act. If the chief investigator determines that the complaint alleges sufficient facts concerning employee unpaid wages, commissions, and/or benefits, he or she will assign it to an investigator.”

Source: SC LLR Payment of Wages Information
Available at: https://llr.sc.gov/wage/paymentofwages.aspx
Verified: January 2026

Filing Options:

  • Phone: 803-896-7756
  • Mail: Submit written complaint to address above
  • In person: Visit office at address above

What to Include:

  • Employer name and contact information
  • Dates of employment
  • Wages owed and pay periods affected
  • Documentation (pay stubs, employment contract, time records if available)
  • Description of wage violation

Federal Wage and Hour Complaints:

For violations of federal Fair Labor Standards Act (FLSA), contact:

U.S. Department of Labor
Wage and Hour Division
Atlanta Regional Office (covers South Carolina)

Phone: 803-765-5981 (Columbia office contact)
Toll-free: 1-866-4-USWAGE (1-866-487-9243)

Source: U.S. Department of Labor, Wage and Hour Division
Available at: https://www.dol.gov/agencies/whd/contact/complaints
Online complaint: https://www.dol.gov/agencies/whd/contact/complaints

6.3 Discrimination Complaints

South Carolina Human Affairs Commission (SCHAC):

Employees who experience discrimination may file with SCHAC.

Contact Information:

South Carolina Human Affairs Commission
1026 Sumter Street, Suite 101
Columbia, SC 29201

Phone: 803-737-7800
Toll-free: 1-800-521-0725
TTY: 711 (Relay)
Fax: 803-737-7835

Source: South Carolina Human Affairs Commission
Available at: https://schac.sc.gov/
Verified: January 2026

Filing Deadline:

According to South Carolina Code § 1-13-90(a):

“Any person shall complain in writing under oath or affirmation to the Commission within one hundred eighty days after the alleged discriminatory practice occurred.”

Source: South Carolina Code of Laws, Title 1, Chapter 13, Section 1-13-90
Official text: https://www.scstatehouse.gov/code/t01c013.php

Note: Federal deadline is 300 days in states with fair employment agencies like South Carolina.

Filing Options:

1. Online:
SCHAC Employment Initial Intake Questionnaire
Available at: https://schac.sc.gov/employment-discrimination/how-file-employment-complaints

2. By mail, fax, or in person:
Download form and submit to address above

Source: South Carolina Human Affairs Commission
Available at: https://schac.sc.gov/filing-complaint
Verified: January 2026

What Happens After Filing:

According to the South Carolina Human Affairs Commission:

“Once the Intake Department receives your written complaint, it will be reviewed to determine if you have a basis for filing a discrimination complaint under the SC Human Affairs Law, as amended, Title VII of the U.S. Civil Rights Act of 1964, as amended, Age Discrimination in Employment Act of 1967, as amended, or the Americans With Disabilities Act of 1990, as amended.

If a basis exists, a formal Charge of Discrimination will be prepared for you to have signed and returned to this office. Upon receipt of your complaint, it will be assigned a charge number, dual filed with EEOC, and served on the party you are filing against. Your charge will be assigned either for mediation, investigation, or transferred to EEOC.”

Source: South Carolina Human Affairs Commission
Available at: https://schac.sc.gov/employment-discrimination/how-file-employment-complaints
Verified: January 2026

Cross-Filing with EEOC:

SCHAC and the Equal Employment Opportunity Commission (EEOC) have a work-sharing agreement. Filing with SCHAC and indicating you want to cross-file with EEOC satisfies both filing requirements.

6.4 Federal EEOC Complaints

Equal Employment Opportunity Commission (EEOC):

Employees may file discrimination complaints directly with the EEOC.

EEOC Contact Information:

EEOC Greenville Local Office:
301 North Main Street, Suite 1402
Greenville, SC 29601

Phone: 1-800-669-4000
TTY: 1-800-669-6820
ASL Video Phone: 1-844-234-5122

Source: U.S. Equal Employment Opportunity Commission
Available at: https://www.eeoc.gov/field-office/greenville/location
National contact: https://www.eeoc.gov/contact-eeoc

Filing Deadline:

300 days from the date of discrimination in states with fair employment agencies

Source: 42 U.S.C. § 2000e-5(e)
EEOC filing information: https://www.eeoc.gov/filing-charge-discrimination

Filing Options:

1. Online (EEOC Public Portal):
Create account and submit inquiry online
Available at: https://publicportal.eeoc.gov/Portal/Login.aspx

2. By phone:
Call 1-800-669-4000 to schedule intake interview

3. In person:
Visit EEOC Greenville office (appointment may be required)

What to Include:

  • Your contact information
  • Employer’s name, address, and phone number
  • Number of employees (if known)
  • Brief description of discriminatory events
  • Dates when events occurred
  • Explanation of why you believe discrimination occurred

Source: U.S. Equal Employment Opportunity Commission
Filing guidance: https://www.eeoc.gov/how-file-charge-employment-discrimination

6.5 OSHA Safety Complaints

South Carolina Occupational Safety and Health (SC OSHA):

For workplace safety violations, file with SC OSHA.

Contact Information:

South Carolina Department of Labor, Licensing and Regulation
Division of Occupational Safety and Health
121 Executive Center Drive, Suite 230
Synergy Business Park
Columbia, SC 29210

Phone: 803-896-7665
Fax: 803-896-7670
Mailing Address: P.O. Box 11329, Columbia, SC 29211-1329

Source: South Carolina Department of Labor, Licensing and Regulation
Available at: https://llr.sc.gov/osha/
Federal OSHA SC information: https://www.osha.gov/stateplans/sc

Filing Options:

1. Online:
OSHA online complaint form
Available at: https://www.osha.gov/workers/file-complaint

2. By phone:
Call 803-896-7665 (SC OSHA)
Call 1-800-321-OSHA (6742) (Federal OSHA)

3. By mail/fax:
Download and submit OSHA complaint form

Confidentiality:

OSHA will keep your identity confidential upon request. You may file anonymously.

Source: Occupational Safety and Health Administration
Available at: https://www.osha.gov/workers/file-complaint

6.6 Private Lawsuit Options

When Private Lawsuits Are Appropriate:

Employees may file private lawsuits for:

  • Unpaid wages (after administrative process or directly)
  • Discrimination (after receiving Right to Sue letter)
  • Retaliation
  • Breach of employment contract
  • Wrongful termination (public policy violations)

Right to Sue Letter (Discrimination):

For discrimination claims, employees generally must:

  1. File administrative charge with SCHAC or EEOC
  2. Allow agency to investigate (typically 180 days)
  3. Receive Notice of Right to Sue
  4. File lawsuit within specified timeframe (typically 90 days for federal claims)

Source: 42 U.S.C. § 2000e-5(f)
EEOC Right to Sue information: https://www.eeoc.gov/employees/lawsuit.cfm

Statute of Limitations:

Different deadlines apply for different claims:

  • Wage claims (state): 3 years (S.C. Code § 41-10-80)
  • FLSA claims (federal): 2 years (3 years if willful violation)
  • Discrimination claims: Must file lawsuit within 90 days of receiving Right to Sue letter
  • Contract claims: Varies by contract type

Legal Representation:

Employees pursuing complaints or lawsuits may consult with an employment attorney. Many employment attorneys offer free initial consultations and may work on contingency fee basis for certain cases.

6.7 Filing Complaint Procedures

Document Everything:

  • Keep copies of employment documents (offer letter, contract, handbook)
  • Save pay stubs and time records
  • Maintain records of discriminatory incidents (dates, witnesses, details)
  • Preserve emails and text messages
  • Take photos of workplace conditions (safety violations)

Act Promptly:

  • File complaints within applicable deadlines
  • Deadlines are strictly enforced
  • Waiting too long may bar your claim

Be Thorough:

  • Provide complete information on complaint forms
  • Include all relevant details and documentation
  • Identify witnesses who can support your claim

Follow Up:

  • Keep records of all communications with agencies
  • Respond promptly to agency requests
  • Maintain copies of all documents submitted

Understand the Process:

  • Investigation timelines vary
  • Agencies may offer mediation before investigation
  • Right to sue letters do not guarantee success
  • You may need to pursue private lawsuit after agency process

Consider Legal Advice:

  • Employment laws are complex
  • Attorneys can help navigate process
  • Initial consultations often free
  • Some cases handled on contingency

Remote Work in South Carolina

7.1 Remote Work Considerations

Remote work arrangements implicate various employment law considerations under both South Carolina and federal law.

No Specific Remote Work Statute:

South Carolina does not have specific statutes governing remote work arrangements as of January 2026.

Search verification conducted:

  • Source: South Carolina Legislature website
  • Search terms: “remote work,” “telework,” “work from home law”
  • Date: January 15, 2026
  • Result: No South Carolina statute specifically governs remote work arrangements

Applicable Employment Laws:

Remote employees working in South Carolina are covered by:

  • Federal Fair Labor Standards Act (wage and hour)
  • South Carolina Payment of Wages Act
  • Anti-discrimination laws (state and federal)
  • FMLA (if eligible)
  • OSHA workplace safety requirements (applies to home offices in limited circumstances)
  • Workers’ compensation (if injury arises out of and in course of employment)

7.2 Key Remote Work Issues

Wage and Hour Compliance:

Employers must:

  • Track hours worked by non-exempt remote employees
  • Pay overtime for hours over 40 per week
  • Reimburse for work-related expenses if required by policy
  • Maintain wage and hour records

Workplace Safety:

OSHA requirements generally do not extend to home offices. However, considerations for remote work environments include:

  • Ergonomic home office setup
  • Safety concerns raised by remote employees
  • Compliance with specific OSHA standards that may apply

Workers’ Compensation:

Remote employees may be covered by workers’ compensation if injury:

  • Arises out of employment
  • Occurs in course of employment
  • Is work-related (not personal activities)

Discrimination and Accommodation:

Remote work may be offered as reasonable accommodation for:

  • Disability under ADA
  • Pregnancy under South Carolina Pregnancy Accommodations Act
  • Religious observance in certain circumstances

Employers cannot:

  • Discriminate in offering remote work opportunities
  • Deny remote work based on protected characteristics
  • Retaliate against employees requesting remote work as accommodation

7.3 Return-to-Office Mandates

Employer Rights:

South Carolina employers generally have the right to:

  • Require employees to work in office
  • End remote work arrangements
  • Implement return-to-office policies

As at-will employment state, South Carolina allows employers to change terms of employment, including work location, provided:

  • Changes do not violate employment contracts
  • Changes do not discriminate based on protected characteristics
  • Required accommodations are provided when legally obligated

Employee Protections:

Employees may challenge return-to-office mandates if:

  • Mandate violates employment contract specifying remote work
  • Mandate constitutes discrimination or retaliation
  • Employee requires remote work as reasonable accommodation for disability or pregnancy

Accommodation Requests:

Employees may request remote work as accommodation. Employers must:

  • Engage in interactive process
  • Consider accommodation unless it creates undue hardship
  • Document accommodation considerations

Implementation Considerations:

When implementing remote work policies or return-to-office mandates:

  • Document policies clearly in writing
  • Apply policies consistently
  • Consider accommodation requests individually
  • Maintain records of accommodation decisions
  • Consult legal counsel for complex situations

2026 Updates and Recent Changes

8.1 Pending Minimum Wage Legislation

Bill 3226 (2025-2026 Legislative Session):

South Carolina has pending legislation that would establish a state minimum wage for the first time in decades.

According to Bill 3226, introduced in the 2025-2026 legislative session:

“(B) The minimum wage must be implemented as follows: (1) Beginning January 1, 2026, the initial state minimum wage is established as eight dollars and seventy five cents per hour. (2) Beginning January 1, 2027, the state minimum wage increases to nine dollars and seventy five cents per hour. (3) Beginning January 1, 2028, the state minimum wage increases to ten dollars and ten cents per hour. (4) Beginning January 1, 2029, and annually thereafter, the state minimum wage increases from ten dollars and ten cents per hour based on the Consumer Price Index for Urban Wage Earners and Clerical Workers, not seasonally adjusted, for the South Region or a successor index as calculated by the United States Department of Labor.”

Status as of January 15, 2026: Introduced, not enacted

Source: South Carolina Legislature
Bill text: https://www.scstatehouse.gov/sess126_2025-2026/bills/3226.htm
Verified: January 15, 2026

Alternative Proposal – Bill 3809:

A separate bill proposes a higher minimum wage of $17.00 per hour beginning January 1, 2027.

Status as of January 15, 2026: Introduced, not enacted

Source: South Carolina Legislature
Bill text: https://www.scstatehouse.gov/sess126_2025-2026/bills/3809.htm
Verified: January 15, 2026

Current Status:

Until state minimum wage legislation is enacted and becomes effective, the federal minimum wage of $7.25 per hour remains applicable in South Carolina.

8.2 Employer SOC Code Reporting Requirements (New 2024)

Statewide Education and Workforce Development Act:

South Carolina enacted new reporting requirements for employers in 2023, with implementation beginning in 2024.

According to the South Carolina Department of Employment and Workforce, effective in 2024, employers must include Standard Occupational Classification (SOC) codes in quarterly wage reports.

Required Information in Quarterly Reports:

  • SOC code for each position
  • Employee names
  • Social Security numbers
  • Number of hours worked
  • Wages paid

Effective Date: First quarter 2024 reports (due April 30, 2024)

Source: South Carolina Department of Employment and Workforce
Available at: https://dew.sc.gov/
Legal authority: Amended S.C. Code Ann. § 41-35-615

Purpose:

This requirement aims to improve workforce development data collection and provide better labor market information for policy decisions.

8.3 Electronic Response Requirements for Unemployment Claims

New Electronic Filing Requirement:

Beginning March 1, 2024, employers with at least 10 employees must respond electronically to unemployment insurance benefit claims.

Source: Statewide Education and Workforce Development Act, amending S.C. Code Ann. § 41-35-615

Hardship Waivers:

The South Carolina Department of Employment and Workforce may waive the electronic filing requirement if hardship is demonstrated.

8.4 Staying Current with Employment Law Changes

How to Monitor Changes:

To stay informed about employment law changes:

1. Monitor Official Government Sources:

2. Review Agency Newsletters and Updates:

  • Subscribe to agency email lists
  • Check agency websites for news and updates
  • Review annual reports

3. Consult Legal Counsel:

  • Establish relationship with employment law attorney
  • Seek legal review of significant policy changes
  • Obtain advice on new legislation

4. Professional Development:

  • Attend employment law seminars
  • Participate in HR association meetings
  • Review professional publications

8.5 Quarterly Review Schedule

This guide follows a quarterly review schedule for 2026:

Q1 2026 (January-March): Initial publication and verification
Q2 2026 (April-June): First quarterly update review
Q3 2026 (July-September): Second quarterly update review
Q4 2026 (October-December): Third quarterly update review

2027 and beyond: Annual review with immediate updates for major legislative or regulatory changes

Resources

10.1 South Carolina Government Agencies

South Carolina Department of Labor, Licensing and Regulation

Main Office:
Synergy Business Park, Kingstree Building
110 Centerview Drive
Columbia, SC 29210

Mailing Address: P.O. Box 11329, Columbia, SC 29211-1329
Phone: 803-896-4300
Website: https://llr.sc.gov/
Office Hours: 8:30 AM – 5:00 PM, Monday-Friday

Office of Wages and Child Labor:
Phone: 803-896-7756
Website: https://llr.sc.gov/wage/

SC OSHA:
Phone: 803-896-7665
Website: https://llr.sc.gov/osha/

South Carolina Human Affairs Commission

Main Office:
1026 Sumter Street, Suite 101
Columbia, SC 29201

Phone: 803-737-7800
Toll-Free: 1-800-521-0725
TTY: 711 (Relay)
Fax: 803-737-7835
Website: https://schac.sc.gov/
Office Hours: Monday-Friday, business hours

Filing Complaints: https://schac.sc.gov/filing-complaint

South Carolina Department of Employment and Workforce

Main Office:
1550 Gadsden Street
Columbia, SC 29201

Phone: 803-737-2400
Website: https://dew.sc.gov/

Unemployment Insurance Information:
Phone: 866-831-1724
Website: https://dew.sc.gov/unemployment

New Hire Reporting:
Website: https://newhire.sc.gov/
Phone: 803-898-9765

South Carolina Workers’ Compensation Commission

Main Office:
1333 Main Street, Suite 500
Columbia, SC 29201

Mailing Address: P.O. Box 1715, Columbia, SC 29202-1715
Phone: 803-737-5700
Website: https://www.wcc.sc.gov/

South Carolina Department of Revenue

Main Office:
301 Gervais Street
Columbia, SC 29201

Mailing Address: P.O. Box 125, Columbia, SC 29214-0400
Phone: 803-898-5000
Website: https://dor.sc.gov/

Withholding Tax Information:
Phone: 803-898-5383

South Carolina Department of Social Services

Main Office:
1535 Confederate Avenue Extension
Columbia, SC 29201

Mailing Address: P.O. Box 1520, Columbia, SC 29202-1520
Phone: 803-898-7601
Website: https://dss.sc.gov/

New Hire Reporting:
Website: https://newhire.sc.gov/

10.2 Federal Government Agencies

U.S. Department of Labor

National Contact Center:
Phone: 1-866-4-USA-DOL (1-866-487-2365)
TTY: 1-877-889-5627
Website: https://www.dol.gov/

Wage and Hour Division:
Website: https://www.dol.gov/agencies/whd
Toll-Free: 1-866-487-9243

Occupational Safety and Health Administration (OSHA):
Website: https://www.osha.gov/
Phone: 1-800-321-OSHA (6742)

Office of Federal Contract Compliance Programs:
Website: https://www.dol.gov/agencies/ofccp
Phone: 1-800-397-6251

Equal Employment Opportunity Commission (EEOC)

National Contact Center:
Phone: 1-800-669-4000
TTY: 1-800-669-6820
ASL Video Phone: 1-844-234-5122
Email: info@eeoc.gov
Website: https://www.eeoc.gov/

EEOC Public Portal (File Charges Online):
https://publicportal.eeoc.gov/

EEOC Greenville Local Office:
301 North Main Street, Suite 1402
Greenville, SC 29601
Phone: 1-800-669-4000
Website: https://www.eeoc.gov/field-office/greenville/location

U.S. Citizenship and Immigration Services

National Customer Service Center:
Phone: 1-800-375-5283
TTY: 1-800-767-1833
Website: https://www.uscis.gov/

I-9 Central:
https://www.uscis.gov/i-9-central

E-Verify:
https://www.e-verify.gov/

Internal Revenue Service

Business Tax Line:
Phone: 1-800-829-4933
Website: https://www.irs.gov/businesses

Employer ID Number (EIN):
https://www.irs.gov/businesses/small-businesses-self-employed/employer-id-numbers

U.S. Department of Health and Human Services

Administration for Children and Families:
Website: https://www.acf.hhs.gov/

Office of Child Support Enforcement (New Hire Reporting):
https://www.acf.hhs.gov/css/employers

10.3 Key Publications and Forms

South Carolina Forms:

Payment of Wages Notice
Download: https://llr.sc.gov/wage/posters.aspx

New Hire Reporting Form
Download: https://newhire.sc.gov/

SCHAC Employment Discrimination Complaint Form
Download: https://schac.sc.gov/filing-complaint

SC OSHA Required Posters
Download: https://llr.sc.gov/osha/

Federal Forms:

Form I-9 (Employment Eligibility Verification)
Download: https://www.uscis.gov/i-9

Form W-4 (Employee’s Withholding Certificate)
Download: https://www.irs.gov/forms-pubs/about-form-w-4

EEOC Charge of Discrimination Form
Online filing: https://publicportal.eeoc.gov/

OSHA Form 300 (Log of Work-Related Injuries and Illnesses)
Download: https://www.osha.gov/recordkeeping/forms

10.4 Legal Assistance Resources

South Carolina Bar Association

Lawyer Referral Service:
Phone: 803-799-6653
Toll-Free: 1-800-868-2284
Website: https://www.scbar.org/public/get-legal-help/

South Carolina Legal Services

Provides free legal assistance to eligible low-income residents

Statewide Hotline: 1-888-346-5592
Website: https://www.sclegal.org/
Apply Online: https://www.sclegal.org/get-legal-help

South Carolina Appleseed Legal Justice Center

Office: 1221 Elmwood Avenue, Suite 2C, Columbia, SC 29201
Phone: 803-779-1113
Website: https://www.scjustice.org/

10.5 Additional Resources

South Carolina Legislature

Website: https://www.scstatehouse.gov/
Search Bills: https://www.scstatehouse.gov/legislation.php
Code of Laws: https://www.scstatehouse.gov/code/statmast.php

Business Registration and Licensing

South Carolina Business One Stop (SCBOS):
Website: https://scbos.sc.gov/
Phone: 803-896-9100

Professional Organizations

South Carolina Society for Human Resource Management:
Website: https://www.scshrm.org/

South Carolina Chamber of Commerce:
Website: https://scchamber.net/

10.6 Monitoring Updates and Changes

Official Government Sources:

Regularly check these websites for updates:

Email Subscriptions:

Many agencies offer email notification services for updates:

Professional Development:

  • Attend employment law seminars and webinars
  • Join professional HR associations
  • Subscribe to employment law publications
  • Consult with employment law attorneys regularly

Frequently Asked Questions - South Carolina Employment Law

1. What is employment law in South Carolina?

Employment law in South Carolina encompasses the legal framework governing the relationship between employers and employees. This includes state laws such as the South Carolina Human Affairs Law and Payment of Wages Act, as well as federal laws including Title VII, the Fair Labor Standards Act, the Americans with Disabilities Act, and the Family and Medical Leave Act. Employment law covers hiring practices, wage and hour requirements, workplace discrimination, safety standards, and termination procedures.

2. What is the difference between employment law and labor law in South Carolina?

Employment law addresses the broader employer-employee relationship including wages, discrimination, safety, and individual employment rights. Labor law specifically governs the relationship between employers, employees, and labor unions, including collective bargaining, union organizing, and labor relations. South Carolina’s right-to-work law (S.C. Code § 41-7-10) falls under labor law, while most workplace requirements fall under employment law.

3. Is South Carolina an at-will employment state?

Yes. South Carolina follows the employment-at-will doctrine, which means employers can terminate employees at any time for any legal reason, and employees can resign at any time. According to the South Carolina Department of Labor, Licensing and Regulation: “South Carolina is an at-will state, which means that employees may be terminated for any reason, a good reason, a bad reason, or no reason.” However, important exceptions exist for discrimination, retaliation, public policy violations, and contractual agreements.

4. What is the minimum wage in South Carolina in 2026?

South Carolina does not have a state minimum wage law. The federal minimum wage of $7.25 per hour applies to covered employers under the Fair Labor Standards Act. Pending legislation (Bills 3226 and 3809) proposes establishing state minimum wages, but as of January 15, 2026, no state minimum wage has been enacted.

5. Does South Carolina require employers to pay overtime?

South Carolina does not have state-specific overtime laws. Employers must comply with federal Fair Labor Standards Act requirements, which mandate overtime pay at 1.5 times the regular rate for hours worked over 40 in a workweek. South Carolina does not require daily overtime pay (such as time-and-a-half for hours over 8 in a day).

6. Are meal breaks and rest breaks required in South Carolina?

No. South Carolina law does not require employers to provide meal breaks or rest breaks to employees. According to the South Carolina Department of Labor, Licensing and Regulation: “There is no requirement under South Carolina law for an employer to provide employees with breaks or a lunch period.” Federal law also does not mandate breaks for adult employees. However, if employers voluntarily provide short breaks (5-20 minutes), these must be paid as working time.

7. What are my rights as an employee in South Carolina?

South Carolina employees have rights under both state and federal law, including: the right to minimum wage and overtime pay for non-exempt work; protection from discrimination based on race, religion, color, sex, age, national origin, or disability; the right to reasonable accommodations for disabilities, pregnancy, and religious beliefs; protection from retaliation for filing complaints or participating in investigations; the right to a safe workplace under OSHA; and the right to file complaints with appropriate government agencies regarding wage violations, discrimination, or safety concerns.

8. Can my employer fire me for any reason in South Carolina?

As an at-will employment state, employers in South Carolina generally can terminate employees for any legal reason. However, termination is illegal if based on: discrimination (race, color, religion, sex, age, national origin, disability); retaliation for filing complaints, participating in investigations, or exercising legal rights; violation of public policy (such as refusing to commit illegal acts); or breach of employment contract. Employees who believe they were terminated illegally may consult with an employment attorney or file complaints with appropriate agencies.

9. How do I file a discrimination complaint in South Carolina?

File discrimination complaints with the South Carolina Human Affairs Commission at 1026 Sumter Street, Suite 101, Columbia, SC 29201, or call 803-737-7800. You can also file online at https://schac.sc.gov/employment-discrimination/how-file-employment-complaints. You must file within 180 days of the discriminatory act (or 300 days for federal claims). You may also file directly with the EEOC by calling 1-800-669-4000 or visiting https://publicportal.eeoc.gov/. SCHAC and EEOC have a work-sharing agreement allowing cross-filing.

10. Can I request remote work as a reasonable accommodation in South Carolina?

Yes. Under certain circumstances, remote work may be a reasonable accommodation for qualified individuals with disabilities under the ADA and South Carolina Human Affairs Law, or for pregnancy-related medical needs under the South Carolina Pregnancy Accommodations Act. Employers must engage in an interactive process to determine if remote work is an effective accommodation that does not impose undue hardship. However, employers are not automatically required to offer remote work and may deny requests if remote work prevents essential job function performance or creates undue hardship.

11. What are employer obligations in South Carolina?

South Carolina employers must: pay at least federal minimum wage ($7.25/hour) and overtime for non-exempt employees; provide written notice of wages, hours, and deductions at hire; give itemized pay statements each pay period; pay final wages within 48 hours or next payday (not exceeding 30 days); maintain wage records for 3 years; complete I-9 forms for all employees; report new hires within 20 days; maintain required workplace postings; comply with anti-discrimination laws; provide reasonable accommodations when required; maintain workers’ compensation insurance (if 4+ employees); and maintain safe workplace per OSHA standards.

12. What workplace posters are required in South Carolina?

Required federal posters: Fair Labor Standards Act (FLSA) minimum wage poster, Equal Employment Opportunity (EEO) poster, Family and Medical Leave Act (FMLA) poster (if 50+ employees), Employee Polygraph Protection Act poster, USERRA poster, and OSHA “Job Safety and Health” poster. Required South Carolina posters: South Carolina Human Affairs Commission employment discrimination notice (if 15+ employees), Payment of Wages Act notice (if 5+ employees), SC OSHA notice, and Workers’ Compensation notice (if 4+ employees). All posters must be displayed conspicuously where employees can easily see them.

13. What are record retention requirements for South Carolina employers?

South Carolina employers must maintain: wage and hour records (3 years), I-9 forms (3 years from hire or 1 year after termination, whichever is longer), tax records (4 years), personnel and EEO records (1 year), medical and accommodation records (duration of employment plus 1 year), FMLA records (3 years), and OSHA injury logs (5 years). Records must be maintained in accordance with both state and federal requirements, with the longer retention period applying when requirements differ.

14. Does South Carolina require paid sick leave?

No. South Carolina does not have a state law requiring employers to provide paid sick leave to employees. There is also no federal law requiring private sector employers to provide paid sick leave. Paid sick leave is a voluntary employer benefit. If provided, it becomes wages under South Carolina Code § 41-10-10(2) and must be paid according to employer policy or employment contract terms.

15. What are the requirements for remote work in South Carolina?

South Carolina does not have specific laws governing remote work arrangements. Remote employees working in South Carolina remain covered by applicable employment laws including wage and hour requirements, anti-discrimination protections, and safety standards. Employers may establish remote work policies and can generally require employees to return to office as South Carolina is an at-will employment state. However, remote work may be required as a reasonable accommodation for disability or pregnancy-related medical needs. When implementing remote work policies, employers typically document policies, apply them consistently, and consider accommodation requests through the interactive process.

16. What protections exist for pregnant employees in South Carolina?

Pregnant employees in South Carolina are protected by both state and federal law. The South Carolina Pregnancy Accommodations Act (2018) requires employers to provide reasonable accommodations for medical needs arising from pregnancy, childbirth, or related medical conditions including lactation. Under South Carolina Code § 1-13-80(A)(4), employers with 15 or more employees cannot deny reasonable accommodations, require unwanted accommodations, or mandate leave if other accommodations are available. Employers must provide written notice of pregnancy accommodation rights to all employees and post notices in the workplace.

17. Can my employer reduce my pay without notice?

According to South Carolina Code § 41-10-30(A), employers must provide written notice at least seven calendar days before implementing wage decreases. This requirement applies to employers with 5 or more employees covered by the Payment of Wages Act. Wage reductions cannot bring pay below minimum wage and cannot be used to retaliate against employees for protected activities. Immediate wage reductions without proper notice may violate state law.

18. What can I do if my employer doesn’t pay me my final paycheck on time?

South Carolina Code § 41-10-50 requires employers to pay final wages within 48 hours of separation or by the next regular payday (not exceeding 30 days). If your employer fails to pay your final wages timely, you can: file a complaint with the South Carolina Department of Labor, Licensing and Regulation Office of Wages and Child Labor at 803-896-7756; pursue a civil action under S.C. Code § 41-10-80(C) to recover three times the unpaid wages plus attorney’s fees and costs; or consult with an employment attorney about your options. You have 3 years from the date wages become due to file a claim.

19. Does South Carolina have a right-to-work law?

Yes. South Carolina Code § 41-7-10 establishes South Carolina as a right-to-work state. This means employees cannot be required to join a union or pay union dues as a condition of employment. The law states: “It is hereby declared to be the public policy of South Carolina that the right to work shall not be denied or abridged on account of membership or nonmembership in any labor union or labor organization.” However, right-to-work laws do not affect the at-will employment doctrine or prohibit voluntary union membership.

20. What is considered a reasonable accommodation under South Carolina law?

According to South Carolina Code § 1-13-30(t), reasonable accommodations may include making facilities accessible, job restructuring, modified work schedules, reassignment to vacant positions, equipment modifications, policy adjustments, qualified readers or interpreters, and other similar accommodations. For pregnancy, accommodations may include more frequent breaks, seating, limits on lifting, temporary transfers to less strenuous positions, modified schedules, or lactation accommodations. Employers are not required to provide accommodations that impose undue hardship based on cost, resources, business operations, and facility limitations as defined in S.C. Code § 1-13-30(u).

Others

Oregon
Wisconsin
North Carolina
Missouri
Connecticut

Legal Disclaimer: Nature of This Compilation This document is a compilation of publicly available information from official government sources. It is NOT: Legal advice An interpretation of laws or regulations A substitute for consultation with a licensed attorney A comprehensive treatment of all applicable laws Guaranteed to be complete or current