South Carolina Labor Laws: A Complete Guide to Wages, Breaks, Overtime, and More for 2025

South Carolina does not have state laws establishing prevailing wage rates for construction roles. However, construction projects in the state that receive federal funding are subject to federal prevailing wage laws, specifically under the Davis-Bacon Act. This federal law requires contractors and subcontractors working on federally funded construction projects to pay laborers and mechanics at least the prevailing wages and fringe benefits that apply to similar projects in the local area.

Key Points:

• Federal Law (Davis-Bacon Act): For federally funded construction projects, contractors and subcontractors must adhere to the prevailing wage rates determined by the U.S. Department of Labor (DOL). These wages are based on the wages paid to similar workers in the area for similar work​.
• Project Scope: The Davis-Bacon Act applies to laborers and mechanics employed directly on the site of work for public works projects receiving federal funds. This includes roads, bridges, buildings, and other infrastructure projects​.
• Wage Determination: The U.S. Department of Labor determines the prevailing wage rates based on location (by county) and type of construction (building, heavy, highway, or residential). These rates are available on the Wage Determinations Online portal​.
• Enforcement: Federal contractors must submit weekly certified payroll records to ensure compliance with the prevailing wage requirements. Failure to comply can result in penalties or being barred from future government contracts​.

South Carolina Prevailing Wage Resources

• U.S. Department of Labor – Davis-Bacon and Related Acts: The official U.S. Department of Labor page explaining the Davis-Bacon Act, including wage determinations, compliance procedures, and enforcement for federal construction projects.
• South Carolina Energy Office – Davis-Bacon Resources: A state resource providing guidelines and information on how South Carolina construction projects must comply with federal prevailing wage laws under the Davis-Bacon Act.

Health and Safety Standards in South Carolina

South Carolina follows both state-specific and federal health and safety regulations to ensure a safe working environment for employees. The South Carolina Occupational Safety and Health Administration (SC OSHA) is responsible for enforcing these regulations, which apply to most private and public sector employers. South Carolina also adheres to federal OSHA standards, ensuring that workplaces across the state comply with health and safety laws designed to minimize accidents, injuries, and unsafe working conditions.

In South Carolina, employers must:

• Comply with health and safety standards established by SC OSHA and federal OSHA regulations​.
• Provide necessary training and equipment to ensure workers can perform their tasks safely, particularly in hazardous industries like construction and manufacturing​.
• Maintain a safe work environment by identifying and addressing potential hazards, including providing safety data sheets for hazardous materials​.
• Keep accurate records of workplace injuries and illnesses and report severe accidents or fatalities to OSHA.
  

In South Carolina, employees should:

• Be aware of their right to a safe workplace and understand that they cannot be retaliated against for reporting unsafe conditions​.
• Follow the safety training provided by their employer and adhere to the safety procedures established for their job​.
• Immediately report unsafe working conditions or any job-related injuries to their employer​.
  

Report health and safety violations (unsafe working conditions) in South Carolina to:

Employees:

• SC OSHA Complaint Form 
• OSHA Federal Reporting

Employers:

• SC OSHA Employer Resources
• OSHA Federal Employer Resources

Anti-Discrimination Laws in South Carolina

Employers in South Carolina must adhere to both federal and state anti-discrimination laws, ensuring that all employees and job applicants are treated fairly throughout the hiring, promotion, and employment processes. These laws are enforced by the South Carolina Human Affairs Commission and align with the federal protections provided by the Equal Employment Opportunity Commission (EEOC).

Employers in South Carolina may not discriminate against job applicants based on:

• Race or Color: Discriminating against an individual due to their race, ethnicity, or skin color is prohibited under both state and federal laws.
• Sex or Gender: This includes discrimination based on gender identity, sexual orientation, pregnancy, or childbirth.
• Religion: Employers must not discriminate based on an individual’s religious beliefs or practices and are required to accommodate religious practices where possible unless it causes undue hardship for the business.
• National Origin: Discrimination based on a person’s birthplace, ethnicity, or accent is prohibited.
• Age: Workers 40 years of age and older are protected from age discrimination under the Age Discrimination in Employment Act (ADEA).
• Disability: Employers must provide reasonable accommodations to qualified workers with disabilities unless doing so would cause undue hardship. This is protected under the Americans with Disabilities Act (ADA).
• Genetic Information: The Genetic Information Nondiscrimination Act (GINA) protects individuals from discrimination based on their genetic information.

Employers with 15 or more employees are required to comply with these anti-discrimination laws.

Employee Resignation or Termination in South Carolina

In South Carolina, employees are typically hired on an at-will basis, meaning they can resign or be terminated at any time for any reason, as long as the reason is not illegal (such as discrimination or retaliation).

When an employee resigns, they are not required to provide advanced notice unless stipulated in their employment contract. Conversely, employers are also not required to give notice prior to terminating an employee, except in cases covered by the Worker Adjustment and Retraining Notification (WARN) Act, which mandates 60 days’ notice for large layoffs at companies with 100 or more employees.

Employers must also adhere to federal and state anti-discrimination laws during the termination process.

Unemployment Benefits in South Carolina

Workers in South Carolina are eligible for unemployment benefits if they:

• Lost their job through no fault of their own, such as being laid off due to lack of work.
• Are actively seeking new employment and are available to work.
• Meet the wage and employment requirements based on a base period of prior employment.

Use this website to start your application for unemployment benefits in South Carolina:

• South Carolina Department of Employment and Workforce

COBRA Benefits in South Carolina

Separated employees in South Carolina may extend their employer-provided health care coverage through the federal Consolidated Omnibus Budget Reconciliation Act (COBRA). This law allows eligible employees and their families to continue their health insurance after certain qualifying events, such as job loss, for a limited time, though they must pay the full premium themselves.

COBRA stipulates:

• Eligibility: Employees who worked for companies with 20 or more employees and lost their job (other than for gross misconduct) are eligible for COBRA continuation coverage.
• Coverage Period: Employees may extend their health care coverage for up to 18 months (and in some cases, up to 36 months for certain qualifying events like death of the employee or divorce).
• Full Premium Payments: Under COBRA, employees are responsible for paying the full premium for the coverage, including any portion the employer used to pay, plus a 2% administrative fee.

Final Paychecks in South Carolina

Separated employees in South Carolina must receive their final paychecks promptly following the termination of employment. The South Carolina Wage Payment Act outlines specific rules regarding the timely payment of wages upon termination, whether the employee resigns or is terminated.

• Timing: Employers are required to provide the final paycheck within 48 hours of termination or by the next regular payday, whichever comes first​.
• All Wages Owed: The final paycheck must include all wages due to the employee, including any accrued vacation pay, bonuses, or other compensation as specified in the employer’s policies.
• Payment Method: The final paycheck must be provided using the same payment method the employee typically receives (e.g., direct deposit or check), unless otherwise agreed upon by the employee and employer​.
• Penalties for Noncompliance: Employers who fail to provide the final paycheck in a timely manner may face penalties, including legal action where the employee may recover unpaid wages and additional damages​.
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Whistleblower Protection

Overview: South Carolina has laws in place to protect employees who report illegal activities or unsafe working conditions from retaliation.

• Public Employees: Under the South Carolina Whistleblower Act, public employees are protected from retaliation for reporting violations of laws, regulations, or wasteful use of public funds.
• Private Sector Employees: Federal laws such as the Occupational Safety and Health Act (OSHA) provide protections for private employees reporting workplace safety violations or other illegal practices.
• Retaliation Consequences: Employers found retaliating against whistleblowers may face legal consequences, including reinstatement of the employee and compensation for lost wages.

Wage Deductions

Overview: South Carolina has specific rules regarding wage deductions, ensuring that employers cannot deduct money from an employee’s paycheck unless certain conditions are met.

• Permissible Deductions: Employers can only make deductions if required by law (e.g., taxes, garnishments) or if the employee has given written consent for specific deductions (e.g., insurance premiums, union dues).
• Unauthorized Deductions: Employers cannot deduct wages for losses such as cash shortages, damaged property, or uniform costs unless the employee provides explicit consent.
• Violation Penalties: Employers who make unauthorized deductions may face penalties and be required to reimburse the employee for any improperly deducted wages.

Vacation and PTO (Paid Time Off)

Overview: South Carolina does not have a state law requiring employers to provide vacation or paid time off (PTO). Whether or not PTO is offered is at the discretion of the employer, and the terms are typically outlined in the employee’s contract or company policy.

• Employer Policies: Employers can decide if they offer PTO, vacation time, or sick leave. These benefits are not legally mandated, but once offered, employers must adhere to their stated policies.
• Accrued Vacation: If an employer offers vacation time and the employee accrues unused vacation, South Carolina law requires that the employer pays out the accrued time upon termination if it is stipulated in the company’s policy.
• Use-It-Or-Lose-It Policies: Employers in South Carolina are allowed to implement “use-it-or-lose-it” policies, meaning unused vacation time may be forfeited if not used by a certain time, but this must be communicated clearly to employees in advance.