Dealing With Unpaid Wages in South Carolina
My employer hasn't paid me — here's what South Carolina law says and what to do next.
Statute: S.C. Code § 41-10-50
Deadline: 48 days
Penalty: Employer may be liable for up to three times the amount of unpaid wages, plus costs and reasonable attorney fees
What is dealing with unpaid wages?
The federal minimum wage is $7.25 per hour. Your employer must pay you at least this amount for every hour you work. Many states and cities have higher minimum wages — you're entitled to whichever is higher.
Tipped employees have a lower federal minimum ($2.13/hr), but your tips plus wages must equal at least $7.25/hr. If they don't, your employer must make up the difference.
What to Do If Your Employer Pays Below Minimum Wage
Step 1: Know your rate. Check your state and city minimum wage — it's often higher than the $7.25 federal rate.
Step 2: Calculate your actual hourly pay. Divide your total weekly pay by total hours worked. If it's below the minimum, you have a claim.
Step 3: Document everything. Save pay stubs, schedules, and any records of hours worked.
Step 4: File a complaint. Contact the DOL Wage and Hour Division or your state's labor department. Many employment attorneys handle wage cases on contingency.
How South Carolina differs from federal law
South Carolina has no state minimum wage law — the federal minimum wage of $7.25/hr applies:
- SC is one of only 5 states with no state minimum wage law
- The federal FLSA rate of $7.25/hr is the only applicable minimum
- SC law preempts local minimum wage ordinances — cities cannot set higher rates
- Tipped employees: the federal $2.13/hr tipped wage applies
Additional steps in South Carolina
File complaints with the federal DOL Wage and Hour Division at (803) 765-5981. SC does not have a state wage enforcement agency.
What you should NOT do
Don't accept illegal deductions. Your employer cannot deduct for cash register shortages, breakage, or uniforms if it would bring your pay below minimum wage.
Don't ignore tip credit violations. If you're a tipped employee and your tips + base pay don't reach $7.25/hr, your employer must pay the difference.
Don't sign away your rights. Any agreement to work for less than minimum wage is unenforceable under federal law.
Don't wait — the clock is ticking.
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Generate your unpaid wages →This page is general legal information for South Carolina, not legal advice for your specific situation. Laws change, and how a statute applies depends on facts we don't know. For advice on your matter, consult a licensed attorney in South Carolina.